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)

A BATNA is the best alternative to a negotiated agreement, and the WATNA is the worst alternative to a negotiated agreement. Analysis and discussion of how to determine what each party’s BATNA and WATNA is and then the best ways to utilize this knowledge will be the focus of this set of articles.

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

A BATNA is the best alternative to a negotiated agreement, and the WATNA is the worst alternative to a negotiated agreement. Analysis and discussion of how to determine what each party’s BATNA and WATNA is and then the best ways to utilize this knowledge will be the focus of this set of articles.

Read more

The Power of Finding and Using a BATNA & WATNA (Part 1 of 3)

A BATNA is the best alternative to a negotiated agreement, and the WATNA is the worst alternative to a negotiated agreement. Analysis and discussion of how to determine what each party’s BATNA and WATNA is and then the best ways to utilize this knowledge will be the focus of this set of articles.

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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.

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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.

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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.

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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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