Tag Archives: BATNA

Keet and Heavin on Why Litigation Interest and Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It

Michaela Keet and Heather Heavin (Saskatchewan), have been studying “litigation interest and risk assessment” (LIRA), something you probably teach using different names.  You probably emphasize the importance of analyzing BATNAs and preparing for negotiation and mediation, which are basic elements of LIRA. Building on their own and others’ research, they developed a simple but comprehensive … Continue reading Keet and Heavin on Why Litigation Interest and Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It →

George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power?

From George J. Seidel, Williamson Family Professor of Business Administration and Thurnau Professor of Business Law at the University of Michigan’s Ross School of Business: Many thanks to John Lande, Hiro Aragaki, and Sanda Kaufman for their recent posts that have clarified the meaning of “BATNA.”  BATNA is an important concept because it is often a … Continue reading George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power? →

Hiro Aragaki: Things We Know and Think We Know About BATNA and WATNA

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From Hiro Aragaki: First off, thanks to John Lande for pursuing this issue and calling attention to the real imprecision that sometimes attends our use of the term “BATNA.”  If anything, I have learned through my off-line exchange with him and Sanda Kaufman that there is more confusion out there among scholars and practitioners than … Continue reading Hiro Aragaki: Things We Know and Think We Know About BATNA and WATNA →

Do You Use “BATNA” Wrong?

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If so, you have a lot of company. Having reviewed negotiation publications and listened to colleagues, I can confidently assert that most of us grossly misuse the term “BATNA.” This is one of my pet peeves, which drives me crazy – an admittedly short excursion. I discussed this in my top-notch post, BATNA, MLATNA – … Continue reading Do You Use “BATNA” Wrong? →

What Theory Do Practitioners Want?

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At the ABA Section of Dispute Resolution conference last month, Rishi Batra, Noam Ebner, Rebecca Hollander-Blumoff, Sanda Kaufman, and I led a session entitled, “Making Negotiation Theory More Helpful for Practitioners.”  This session grew out of the Tower of Babel symposium last fall.  We presented some of our own thoughts about negotiation theory and spent … Continue reading What Theory Do Practitioners Want? →

Symposium Book Club – Summary of Negotiation Frameworks

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This is part of the “virtual book club” discussing readings for the symposium at the University of Missouri on October 7:  Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding. This is the last post in the book club series, at least for now.  It is a compilation of a … Continue reading Symposium Book Club – Summary of Negotiation Frameworks →

Symposium Book Club – Conversation with Andrea Schneider About Her Skills Paradigm Article

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This is part of the “virtual book club” discussing readings for the symposium at the University of Missouri on October 7:  Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding. Andrea Schneider suggested her article, Teaching a New Negotiation Skills Paradigm.  Here’s her summary. Negotiation labels – of styles or … Continue reading Symposium Book Club – Conversation with Andrea Schneider About Her Skills Paradigm Article →

Symposium Book Club – Conversation with Sanda Kaufman about Wheeler’s Art of Negotiation

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This is another part of the “virtual book club” discussing readings for the symposium at the University of Missouri on October 7:  Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding. Sanda Kaufman suggested reading Michael A. Wheeler’s book, The Art of Negotiation: How to Improvise Agreement in a Chaotic … Continue reading Symposium Book Club – Conversation with Sanda Kaufman about Wheeler’s Art of Negotiation →