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

BATNA & WATNA

What is the power of finding and using a BATNA & WATNA? 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 …

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Pre-Negotiations: Succeeding in Negotiations

Pre-negotiation is a stage in the negotiation process that is often overlooked, but it is an important step in ensuring that when the parties are actually negotiating, they have the proper understanding of what is needed and how to move forward.  Pre-negotiation is beneficial for parties that are facing a large and multifaceted conflict that …

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How do you resolve a civil dispute?

How do you resolve a civil dispute? This question may have been presented to you before, but for many, the question is not considered until they are in the midst of a dispute themselves and trying to figure out ways to solve the dispute.  Disputes are often disagreements about employment, contracts, money, and other issues …

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What are the five methods of dispute resolution?

Understanding just what the five methods or strategies of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process.  This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs.  The …

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Win-Win Situations

A win-win situation occurs when both parties leave a negotiation in a better position than when they entered, and in essence, a better outcome than expected beforehand, is achieved for both parties. Win-win outcomes (“expanding the pie”) are often an advanced version of integrative bargaining vs distributive bargaining, which follows game theory. Game theory refers to …

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Win-Lose Situations

When one party leaves a negotiation in a worse place than when they started and the other leaves in a better, this is called a win-lose situation.  Win-lose situations, along with lose-lose situations and win-win situations, are an idea made popular by the game theory of negotiation.  Game theory refers to how a two-party, adversarial …

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Lose Lose Situations

When both parties leave a negotiation in a worse place than when they started, this is called a lose-lose situation.  Lose-lose situations, along with win-lose situations and win-win situations, are an idea made popular by the game theory of negotiation.  Game theory refers to how a two-party, adversarial negotiation can be carried out and the …

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Third Party Negotiation and its Role in ADR

Sometimes parties to a negotiation are unable to effectively pursue one-on-one bargaining with their counterparts. Negotiations include or are conducted by non-parties.  These are referred to as third-party negotiations. Types of third parties in negotiations There are five types of third-party negotiators, with different roles and different processes. * Intravenor – A third party with …

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What is Negotiation?

For a word used so commonly in the alternative dispute resolution sphere, exactly what negotiation is can be a mystery for many people as they encounter dispute resolution.  Negotiation often brings to mind a situation where a person is asking their boss to pay them more, or some see it as a role in an …

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