Like playing hardball, this … Knowledge of these interests may be helpful to continued negotiation. In this case, you might restructure your bottom line back to $350,000 or even lower to sell faster. For more information about negotiations skills or negotiations training courses please visit https://www.boldnewdirections.com or www.negotiationstraininginstitute.com today. Understand basic negotiation principles, including BATNA, WATNA, WAP, and the ZOPA. Typically, it is wise to develop the analysis in private session with each of the parties and their attorneys. These benefits include: Enhancing a BATNA: By looking closely at a BATNA and the other alternatives, a party may be able to identify ways to remove their WATNA and make their BATNA a sure thing should the negotiations not work. The WATNA might be to accept a car with Litigation involves a lengthy process of discovery, court pleadings, and court hearings. The parties evaluate these options, formally or informally, to see how well they satisfy their interests. Plaintiff proves seller was aware of and failed to reveal these problems with the property, and must reimburse for damages. It is usually easier to question and refine these estimates using the other party's predictions and information rather than risking more direct contradiction by the mediator. The options analysis remains within the context of the negotiation with the other party and is not the same as "BATNA/WATNA" analysis. Principled Approach To Negotiations. 1. . If the parties appear to be reaching an interest-based resolution with relative ease, the mediator may decide not to undertake a BATNA/WATNA analysis at all, or only in a cursory fashion as part of reality-testing before closure. However, the exercise is still useful in this instance because: 1. WATNA is a very helpful tool to consider prior to entering into any negotiation as it helps you have more clarity and negotiation success. At a minimum, parties gain clearer understanding of their interests and the value they are placing upon them. constantly changing. As with any other tool, mediators will need to use their judgment in deciding whether to suggest a BATNA/WATNA analysis and in deciding how and where to perform it. In other words, what are my "win" and "lose" scenarios along any given alternative path, and how likely are these outcomes or something in between? In particular, one party's assessment of their best case outcome may look quite different from the other party's assessment of their worst case outcome. Even when attorneys have refused to share their own thinking with the mediator, the mediator may gain helpful information by sharing their own or the other party's estimate of a range of possible outcomes and noting how the attorneys react or correct them. need to explore, I will make my searching in the site first. Last Name* A second example is provided below using this format where the alternative path considered is not litigation. Unfortunately, parties frequently fail to undertake an accurate and comprehensive analysis of their alternatives and, therefore, negotiate poorly based on unrealistic and uninformed ideas of what they might obtain in the absence of a negotiated agreement. When not faced with the need to posture in front of the other party or the fear of losing face, many attorneys actually welcome the opportunity to educate their clients about the risks of the case with the support of the mediator. These costs can be both monetary and non-monetary and should be detailed to the extent possible. Mediators can also remind parties that this is a "background" analysis that can be set to the side as parties return to negotiation within the mediation. The content and use of a BATNA/WATNA analysis will be affected by variables such as contingency fee arrangements, the use of in-house counsel, the involvement of insurance companies, statutory or contractual fee-shifting and the possibility of bankruptcy. Related to BATNA is a WATNA, the Worst Alternative To a Negotiated Agreement, a concept aimed at reducing the risk of one being too realistic during a negotiation process. Sales Targets A customer can sense that a salesperson hasn't hit their sales target and it is almost the end of the financial year. Advantages of this approach are that the analysis may be more thoughtful given more time to prepare and the clients have had more time to absorb the implications prior to the mediation. It is important to assign probabilities to the different predicted outcomes or an estimated range of probability if counsel is wary of being too specific. There are five interactive areas that make up the range: the Wish, the Aspiration, the Bottom Line, the BATNA, and the WATNA. People who can master the art of negotiation find they can save time, save money, develop a higher degree of satisfaction with outcomes at home and at work, and earn greater respect in the workplace and everywhere else. In this instance, the analysis focuses on the "win" and "lose" outcomes in court. Plaintiff proves awareness of some problems but not others. This can be stated without using the terms "BATNA" and "WATNA" which are likely to be unfamiliar and confusing to the parties. Mediation is a less formal and significantly quicker way to resolve a dispute. Many clients underestimate or fail to account for costs when imagining potential best and worst case outcomes, focusing more on “initial results” rather than “final outcomes.” They also tend to overlook the time value of money, forgetting that $100,000 received two or three years from now, has a lesser value when translated into present day dollars. In this video, Professor Guhan Subramanian discusses a real world example of how seating arrangements can influence a negotiator’s success. The value of knowing your best alternative to a negotiated agreement is that: It provides an alternative if negotiations fall through. When BATNA/WATNA analysis is almost inevitable, as in cases already in litigation, it is a good idea to ask attorneys to prepare and discuss the analysis with their clients prior to the mediation. Whether or not it is appropriate for a mediator to predict legal outcomes is controversial. It is very difficult to reach a settlement if one or both parties are seeking an amount outside of these parameters. For example, in a personal injury case, decision-tree analysis might look at the separate probabilities for establishing each of the legal elements involved (duty, breach, causation and damages) in order to reach an overall probability for win or loss with the expected values for those outcomes in light of the assigned probabilities. In negotiation skills, it is good to know what you would reconsider and the rationale. Mediators who understand these financial realities and can assist clients in examining them have powerful tools. Advantages of this approach are that the analysis may be more thoughtful given more time to prepare and the clients have had more time to absorb the implications prior to the mediation. WATNA stands for the Worst Alternative to a Negotiated Agreement. Of course, the analysis itself is often used to decide whether or not it makes sense for a party to pursue a particular alternative. Seeking results from a higher authority within an organization, Seeking new (suppliers, buyers, distributors, employees etc. And show the advantage of having it. Posted Feb 17, 2014 The analysis assists the parties in deciding if a particular resolution is in their best interests or not. Moreover, in a confidential caucus, parties and attorneys tend to be more forthcoming and realistic about their alternatives. Desire for Leverage: Developing a BATNA/WATNA analysis will ensure that a party has an idea of … Bold New Directions specializes in training solutions that build leadership skills, communication skills and resilience at work. Our clients are thrilled that we now include these interactive learning tools in our Virtual Training Programs too. The most common alternative path in many mediated cases is litigation or arbitration, in which parties seek a judgment from a judge, jury or arbitrator that they hope will satisfy their interests better than anything they might be able to obtain in a negotiation with the other party. Using negotiation lingo, alternatives are what you could do to meet your interests if you walked away from the current negotiation. In some circumstances, however, a case is clearly “all or nothing” and development of a mid-case scenario does not apply. This is If the mediator provides the information for the analysis (assuming that the mediator is competent to do so), the mediator risks losing neutrality and/or the appearance of neutrality. Whether or not a good BATNA exists or can be developed, parties are well advised to enter negotiations with accurate information about possible alternative outcomes because this gives them a better sense of how to manage the negotiation. Parties may have more than one path they can follow that does not involve negotiation with the other party. You can learn more about Jim Hornickel and the topic of Negotiations Training at Bold New Directions by visiting the company web site at www.boldnewdirections.com or at our negotiations training site www.negotiationstraininginstitute.com, First Name* For example, parties with weak BATNAs or highly undesirable WATNAs may want to take care not to burn any bridges and/or prepare to minimize the damage this information may cause if known by the other party. When conducted prior to formulation of initial offers and counter-offers, the analysis helps to ground the parties in reality and formulate initial numbers that bear a reasonable relationship to possible outcomes outside of the mediation and are therefore, hopefully, less shocking to the other party. [1] It stands for "Best ALTERNATIVE TO a negotiated agreement." And show the advantage of having it; What are the skills that an engineer needs to master to become an effective negotiator? In addition to best and worst case outcomes, it is often helpful to include a mid-case scenario or a “most likely” case scenario that generally falls somewhere within the outer parameters established by the win and lose scenarios. Neighbor A’s reputation suffers because other neighbors hear about Neighbor A’s behavior. Negotiating for Results. On the other hand, if proposed options in the negotiation look reasonable or better in comparison to probable alternative outcomes, a party may feel more comfortable accepting a proposed deal. BATNA vs WATNA - 2013 Apr 7: Commentator: Josh Roles (United Kingdom - Southampton) "HYour article has been extremely helpful in clearing up exactly what the uses of assessing your BATNA can achieve, alongside the pitfalls if you don't realise your BATNA. If parties feel pressured or fear that it will be used as a hammer against them, or shared inappropriately with the other party, they will naturally resist. Mediators should also keep in mind that they may have different values, risk tolerance levels and approaches to decision-making than the parties and take care to respect those differences. WATNA is the Worst Alternative to a Negotiated Agreement. Where money is not involved, the analysis is sometimes simplified to a review of Outcomes and Costs. If these can be discovered, the mediator may be better able to negotiate on the process with the party or understand why the analysis would not be beneficial in that case. In a non-litigated matter, the mediator should lead the parties in a thoughtful analysis of their reasons for believing that a particular outcome is more or less likely. From the initiation to actual trial, a new court action can take several months to several years. They may, however, be willing to pay an amount that is within their abilities and seems reasonable to them based upon their desire to avoid bankruptcy. The determination will depend on the type of claim, for example, if the case is for breach of contract, for personal injury, for … In negotiation theory, the best alternative to a negotiated agreement or BATNA (no deal option) refers to the most advantageous alternative course of action a party can take if negotiations fail and an agreement cannot be reached. Those who do not welcome the analysis are more likely to go along with it in private. Having a decent WATNA can make it easier to walk away from an inadequate offer. It can also be your trump card to make the deal happen to your advantage. In some cases, a party will reject a proposed resolution even though the probable alternatives are clearly less attractive in a "business" sense. For example, where one party is represented by an attorney on a contingency fee basis, that party may be much more inclined to “roll the dice” because the bulk of the burden of a loss falls upon the attorney in the event of a loss (WATNA). If a mediator needs the parties to be fully honest and transparent, they will need to present the analysis in a way that encourages honesty between the parties and the mediator. It determines your reservation point (the worst price you are willing to accept). The purpose of the analysis is to help parties make informed decisions about possible options for resolution or a deal. Again, most parties and attorneys are willing to allow the mediator to share information that they believe will be helpful in persuading the other party that they over-estimating their strengths or under-estimating their weaknesses. However, if the other side sticks to an offer that's worse than your BATNA — you might need to reveal it in a final attempt to get them to raise their offer. In their seminal book, Getting to Yes, published in 1981, Harvard Professor Roger Fischer and Dr. William Ury proposed "principled negotiation" as a third way to approach negotiations.A principled negotiation seeks to divide the emotions of participants from … In most settlement negotiations, parties are influenced consciously or unconsciously by their assessment of their alternatives to a negotiated agreement. The better their alternatives, the more they may push for a more favorable settlement. It can involve deceptive measures such as intimidation tactics, concealing facts about the transaction and using means that present unfair advantage over the other party. The reason to consider carefully whether or not to inject BATNA/WATNA analysis in this context is that, by its nature, the analysis can seem negative or threatening and may inject an undesired tone into a negotiation that is proceeding amicably. This article explains the concept of alternatives analysis and presents a method for conducting an analysis with parties in mediation, including many of the considerations that may affect the parties’ perception and use of the analysis. Having a BATNA increases your negotiating power and brings to a consensus which is more in favor of the party holding BATNA. Again, this can be explored and negotiated as with any other tool in the process. 1) Increases negotiating power. A simple statement should be sufficient, suggesting that it may be helpful to the parties, at some point in the process, to examine their alternatives outside of mediation so as to compare them to options on the table in the mediation. The more reliable and detailed the information they have to support their analyses, the more likely they are to be persuasive in the mediation. Earlier articles in the series focused on the power of the Wish, the Aspiration, the Bottom Line, and the BATNA. Of course, mediators may still find that that a well done BATNA/WATNA analysis is more persuasive than expected or admitted with clients such as these. Or some insurance companies may routinely refuse to settle certain cases beyond certain amounts because they are following standard procedures that they believe serve them well overall, and they are willing and able to bear the costs involved in continued litigation. Having your BATNA prepared can also enable you … very helpful for mediation promotion in Hong Kong. In a litigated matter, this leads naturally into a discussion of the strengths and weaknesses of the case on both sides. Connection to Development of Settlement Proposals: In a litigated matter where money is likely to be a component of the negotiation, the specific elements identified as part of the possible outcomes explored in a BATNA/WATNA analysis often serve as the basis for development of settlement proposals. Following this section, is a sample BATNA/WATNA analysis in a real estate sale case using a format that is useful in assessing the litigation alternative. 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It is often most useful to conduct this analysis after information-gathering and exploration of interests and prior to beginning distributive bargaining (i.e. Email* The format presented here may be more “user-friendly” for mediators, parties and attorneys in the average case. Even if they are less knowledgeable than the mediator might like, they will expect to be consulted if this analysis is undertaken. What is WATNA? typically, the money negotiation). All rights reserved. The more accurate the analysis, the more helpful it will be to the parties in making informed decisions. 4) Bargaining and problem solving 5) Closure and implementation Preparing and Planning. The worse their alternatives, the more accommodating they may be in the settlement negotiations. Possible disadvantages of this approach are that attorneys may be less honestly spontaneous about their predictions of litigated outcomes with the mediator. When the analysis focuses on alternative paths other than litigation, the parties themselves and/or other types of experts or resources may be needed to provide information about possible outcomes. Many parties will naturally use these same factors to formulate their offers and counter-offers in mediation, usually working toward a settlement amount that lies within the parameters created by the best and worst case outcomes in court. You’ll be glad you did when you come out of your next negotiation more satisfied and financially ahead. ), Lumping it (and hoping the situation will improve). If you believe it is likely that an examination of BATNA and WATNA will be pertinent during the mediation, it may be helpful to allude to the possible need for this kind of analysis early in the process, in the mediator's opening statement. Who Provides the Information for the Analysis: When the analysis focuses on possible litigated outcomes, attorneys are the natural sources of information. Develop strategies for dealing with tough or unfair tactics. For example, a win of $100,000 may sound wonderful to a plaintiff until he or she hears that there is only a 5% chance of such a result. Generally it's an advantage to keep your BATNA secret. Speaking of Negotiating Success, you can learn more about how to apply all five of these tools in our training session entitled Negotiating Success™. Again, the purpose of the analysis is to educate and promote informed decision-making, not to force settlement or impose the mediator's idea of what makes sense. At Bold New Directions, we are known for our interactive training programs that allow breakout groups, small discussions and learning partners. 1 BATNAs in Negotiation: Common Errors and Three Kinds of “No” v.4.0 James K. Sebenius,1 December 12, 2016; rev. Sometimes attorneys assure mediators that they have undertaken the analysis with the parties but say that they do not want to share it with the mediator. The alternative that best meets your interests is called your BATNA (Best Alternative To a Negotiated Agreement).Understanding these concepts and how to utilize their power in negotiations will help you reach more satisfying outcomes in your negotiations. BATNA means “ Best Alternative to a Negotiated Agreement.” This is your alternate plan when the talks start to wobble out of control. Mediation comes to the rescue. Advantages of this approach are that the analysis may be more thoughtful given more time to prepare and the clients have had more time to absorb the implications prior to the mediation. Why Is BATNA Important. Source: Bargaining for Advantage: Negotiation strategies for reasonable people. In this example of selling a home, you may need to sell your home by a certain deadline to relocate for a new job. ************************************************************************************, Jim Hornickel is co-founder of Bold New Directions, a transformational learning company that works with companies to transform people and performance through training solutions including seminars, webinars, coaching and keynote events. BATNA is the best we can hope for if negotiations don't succeed; and WATNA is the worst we can realistically fear. What are the three types of negotiation behavior? Harassment campaign is wearing on Neighbor A (it’s not easy making all those calls…). Neighbor B is upset by the “harassment” and has no interest in a supportive, “good neighbor” relationship, but does not retaliate. When BATNA/WATNA analysis is almost inevitable, as in cases already in litigation, it is a good idea to ask attorneys to prepare and discuss the analysis with their clients prior to the mediation. "with their eyes wide open"). However, if parties clearly have substantial work to do in order to reach resolution and the mediator anticipates hard bargaining, the analysis is probably recommended. It is almost always helpful to compare possible outcomes along alternative paths to actual proposals on the table in a negotiation before making a decision within the negotiation. Avoiding a WATNA when calculating your BATNA. However, when first drawing out the analysis, the mediator may find it more effective to accept a party or attorney's estimations for possible best and worst outcomes. As with other information, parties may be evaluating strengths and weaknesses quite differently, and it can be highly educational for them to learn how the other party assesses the probabilities and why. For example, when purchasing a car, the BATNA might be to accept the best deal I can get at a different dealer. Less time consuming: people resolve their dispute in short period as compared to courts; Cost effective method: it saves lot of money if one undergoes in litigation process. Mediators who can help parties to perform a high quality and comprehensible alternatives analysis will often improve negotiation strategy significantly. In fact, negotiation experts frequently advise careful analysis and development of at least one BATNA and WATNA prior to entry in negotiation. Identify the various negotiation styles and their advantages and disadvantages. Costs already incurred are considered water under the bridge. They may be more concerned about the mediator sharing their worst case scenario and any costs involved on their side (best or worst case) but this information is often less helpful as leverage. 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Provided below using this format where the alternative path considered is not the same as BATNA/WATNA. That are driving the party even lower to sell faster prevent these can., however, use of this information is often most useful to conduct this prior! Informed decisions understanding how to arrange the meeting space is a key aspect of for. Is provided below using this format where the alternative path considered is not litigation those who not. And confidence of the firm to gain advantage over its competitors make the deal happen to your advantage in. When purchasing a car, the more accurate the analysis is sometimes simplified a. “ all or nothing ” and development of at least one BATNA and is! On both sides now include these interactive learning tools in our experience, negotiations can be highly influential in assessment...