22 02, 2019

Negotiation Strategy 101!

By |2019-01-29T12:33:22-07:00February 22nd, 2019|Negotiation|0 Comments

  I recently read a blog post entitled, How To Make Decisions Like a Leader in 2019 appearing on the Leadership Freak website.  While the article talks in terms of making decisions as a leader, its strategies apply equally well to any negotiation. For example, first and foremost, the author notes that it is important [...]

2 12, 2016

Extreme Negotiations

By |2017-05-13T07:41:22-07:00December 2nd, 2016|Negotiation Strategy|1 Comment

Although I have taken many many hours of training about negotiation, none of them has really involved what we witnessed during the Presidential election: extreme negotiations. In essence, both Mrs. Clinton and president-elect Trump were engaging in extreme negotiations with the American public in the hopes of becoming the 45th President of the United States.  [...]

6 09, 2013

Negotiating when there is no BATNA!

By |2017-05-13T07:30:54-07:00September 6th, 2013|Negotiation|Comments Off on Negotiating when there is no BATNA!

Recently, I conducted a mediation in a matter which probably should never have been filed as a lawsuit; the economics simply were not there. Realistically, plaintiff could not have a Better Alternative to a Negotiated Agreement (BATNA); every scenario would have been more costly no matter what the amount of the settlement.Plaintiff ("Joe") purchased a [...]

28 06, 2013

Mediating ZOPA

By |2017-05-13T07:31:32-07:00June 28th, 2013|Mediations|Comments Off on Mediating ZOPA

In the last few days, I have mediated a couple of cases in which ZOPA took center stage. ZOPA stands for Zone of Possible Agreement and as defined by Brad Spangler (and updated by Heidi Burgess in June 2013) on the Beyond Intractability website, it " the common ground between two disputing parties":[Zopa] exists if [...]

28 02, 2008

Is BATNA Really Your WATNA?

By |2017-05-13T07:38:35-07:00February 28th, 2008|Research|0 Comments

Many years ago, Robert Fisher and William Ury coined the acronym ‘BATNA’ meaning “Best Alternative To A Negotiated Agreement.” It represents the available alternatives when a party is unable to negotiate an agreement. In the context of litigation, it often means going to trial. Based on a study just published by Vanderbilt University Law School [...]