By definition, the LIRA book, which provides a framework for litigation interest and risk assessment, focuses on litigation. This post describes how it can be adapted for transactional negotiation – transaction interest and risk assessment, or TIRA. Three Elements The LIRA framework consists of assessment of three elements: expected court outcome, future tangible costs of … Continue reading Transactional Interest and Risk Assessment
Jeff Trueman, an experienced Maryland mediator, wrote an excellent article about the challenges of lawyers, mediators, and insurance claims professionals in mediation. He interviewed subjects about their problems in mediation, and his study provided evidence of professionals behaving badly, very consistent with my post about BATNAs and the emotional pains of “positional negotiation.” He specifically … Continue reading Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation
Everyone knows that a bottom line in a lawsuit is an immutable “line in the sand” that is accurately reported to mediators and counterparts as the least that a plaintiff would accept or most that a defendant would pay. Not really. During the life cycle of a case, lawyers start with vague and tentative bottom … Continue reading What’s a Bottom Line?
Everyone loves BATNA. It has more than 16 million hits on Google. I have loved BATNA too. Of course, people should consider alternatives to a negotiated agreement when negotiating or mediating. Unfortunately, people have loved BATNA so much that it has become a cliché that is widely misunderstood, even by some dispute resolution experts. When … Continue reading BATNA May Be Less Important Than You Think – and Teach
This post collects several videos about the litigation interest and risk assessment (LIRA) techniques described in the book that Michaela Keet, Heather Heavin, and I wrote about the subject. The videos may be of interest to academics, practitioners, and students. Considering the challenges of synchronous instruction these days, faculty may want to assign some of … Continue reading LIRA Videos
In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived. What’s Wrong with BATNA and All the Other ATNAs? My mania was stimulated by an exchange of listserv posts about the use of BATNA … Continue reading BATNA’s Got to Go — and Here’s a Better Idea
If you teach students that it’s important to analyze their BATNAs, consider including material in your course on litigation interest and risk assessment, aka LIRA. Virtually every negotiation, mediation, and ADR survey course teaches students that they should figure out their BATNA when negotiating or mediating. That is sooooo much easier said than done, as … Continue reading Resources for Teaching About BATNA, Bottom Lines, and LIRA
From F. Peter Phillips: New York Law School’s ADR Skills Program invites you to join… THE WEDNESDAY LUNCH SERIES: CONVERSATIONS in CONFLICT RESOLUTION Beginning May 20 and for every two weeks thereafter, New York Law School will offer informal and provocative conversations with interesting leaders in the field of conflict avoidance, management and resolution. All … Continue reading NYLS Wednesday Lunch Conversations
This post summarizes presentations, data collected, and discussion in the “Risky Business: A Toolbox for Managing Litigation Interests and Risks” program on February 28, 2020 at CPR’s annual meeting. There never is enough time to cover everything you want to say, so this post elaborates the discussion at the program. Based on our book, Litigation … Continue reading LIRA @ CPR
Everyone talks about knowing one’s BATNA in negotiation and mediation. But that’s a lot easier said than done. In litigated cases, the value of the BATNA usually is the expected trial outcome, but that is notoriously hard to predict for many reasons. The outcome of numerous legal and factual issues may depend on the evidence, … Continue reading How to Calculate and Use BATNAs and Bottom Lines with LIRA
