Comments on: IS BATNA REALLY YOUR WATNA? http://www.pgpmediation.com/2008/02/28/is-batna-really-your-watna/% Thu, 11 Mar 2010 11:24:33 +0000 http://wordpress.org/?v=2.6.2 By: » Blog Archive » A LOSS FOR MEDIATION CONFIDENTIALITY http://www.pgpmediation.com/2008/02/28/is-batna-really-your-watna/%#comment-797 » Blog Archive » A LOSS FOR MEDIATION CONFIDENTIALITY Fri, 29 Aug 2008 17:06:14 +0000 http://www.pgpmediation.com/blog/2008/02/28/is-batna-really-your-watna/#comment-797 [...]        An interesting decision was issued the other week by the Second District of the California Court of Appeal on mediation confidentiality. Reading it left me with the impression that the appellate panel was result oriented or using “legal realism” rather than simply applying the governing law to the facts to lead it to the logical, mechanical and deliberative conclusion. (“formalist approach”.) (See “Blinking On The Bench: How Judges Decide Cases” – February 28, 2008 blog.) [...] [...]        An interesting decision was issued the other week by the Second District of the California Court of Appeal on mediation confidentiality. Reading it left me with the impression that the appellate panel was result oriented or using “legal realism” rather than simply applying the governing law to the facts to lead it to the logical, mechanical and deliberative conclusion. (“formalist approach”.) (See “Blinking On The Bench: How Judges Decide Cases” – February 28, 2008 blog.) [...]

]]> By: » Blog Archive » MAKE THE DEAL: YOU ARE BETTER OFF http://www.pgpmediation.com/2008/02/28/is-batna-really-your-watna/%#comment-796 » Blog Archive » MAKE THE DEAL: YOU ARE BETTER OFF Fri, 22 Aug 2008 17:05:37 +0000 http://www.pgpmediation.com/blog/2008/02/28/is-batna-really-your-watna/#comment-796 [...] what does this mean? It means that a party’s BATNA or Best Alternative To A Negotiated Agreement (February 28, 2008 Blog) which oftentimes means going to trial is actually a party’s WATNA or Worst Alternative To A [...] [...] what does this mean? It means that a party’s BATNA or Best Alternative To A Negotiated Agreement (February 28, 2008 Blog) which oftentimes means going to trial is actually a party’s WATNA or Worst Alternative To A [...]

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