BATNA & WATNA: Finding and Using Negotiation Power (Part I of III)

The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a settlement agreement, and the knowledge that the parties may walk away without …

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The 10 Best Negotiation Books of 2021

Most people want to get what they desire, which is where negotiating can come into play. There are countless books about negotiation out there, but which one is the best option? Learning to bargain is quite easy with the right tools. Whether it’s for business, your personal life, or something else, negotiating skills are essential. …

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The Power of Finding and Using a BATNA & WATNA (Part 3 of 3)

…Continued from Part 2: In previous articles, we’ve discussed what a BATNA and a WATNA are, the purpose of identifying a BATNA and WATNA, some possible alternatives to consider, and two analyses that parties can use to identify their BATNA and WATNA.  This article will discuss the strategies that a mediator may use to help …

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The Power of Finding and Using a BATNA & WATNA (Part 2 of 3)

…Continued from Part 1: Back to discovering and using what the negotiation world calls a BATNA and WATNA, this article will continue to move through an analysis to help the parties discover the alternatives that will drive how they negotiate and settle a dispute.  The previous article discussed the importance of moving through a BATNA/WATNA …

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Share Mediation Briefs to Save Time and Get Better Results

Mediation briefs should be shared well before the mediation session: to save time in session; to give each side the full force of the other’s positions; to give each side time to carefully consider the other’s positions and calmly prepare a response; to begin establishing the settlement ballpark. Let’s consider the alternatives, their bases, and their effects.

Game Theory, Negotiation, and the “Black Box”

James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.

What Are Intractable Conflicts?

Intractability is a controversial concept, which means different things to different people. Some people on the initial BI project team intensely dislike the term, as they saw it as too negative: intractable conflicts are impossible to resolve, they say, so people think they are not worth dealing with.

The Dark Side of Mediation

Many attempts have been made to link theory to practice, yet mediation, particularly in the context of litigated cases, stubbornly defies scientific evaluation’s; That explains why I expected to dislike Debbie De Girolamo’s treatise, The Fugitive Identity of Mediation: Negotiations, Shift Changes and Allusionary Action.

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