Alternative Dispute Resolution
Sep. 6, 2019
Weak BATNA, strong BATNA: How do you manage it?
What do you do when you simply must settle a case?
Sean E. Judge
Judge MediationPersonal injury, employment, business, real estate
Email: sean@judgemediation.com
Sean is a mediator and arbitrator in Woodland Hills and Valencia. He handles civil disputes in the areas of business, real estate, personal injury and employment.
What do you do when you simply must settle a case?
A cornerstone of effective negotiation is "BATNA" (best alternative to negotiated agreement). See Fisher, Ury and Patton, "Getting To Yes: Negotiating Agreement Without Giving In" (Penguin Press, 1991). In civil litigation, this often means going to trial or resuming discovery. Since many mediations are conducted with expensive expert discovery looming as ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In