The word impasse has a particular meaning when it applies to alternative dispute resolution. The Collins English Dictionary defines the impasse noun by describing a situation, particularly, “If people are in a difficult position in which it is impossible to make any progress, you can refer to the situation as an impasse.” While the meaning …
Negotiators often face a dilemma in negotiation—should I claim this value for myself and force the other side to concede, or should I work to create value here so that I can claim more value for myself later on? This dilemma forces many negotiators into positions that they do not want to be in, and …
Physics defines power as work divided by time. Work, in turn, is the application of force in a direction. Power, then, can be thought of as the ability to get things moving (more) quickly in a desired direction. The same definition applies in social interactions like negotiation. Power is the ability to get desired things …
By Jeffrey Krivis There are two eternal truths about litigated cases: 1) There is a tremendous likelihood the case will be settled without trial; 2) The settlement could occur any time from the moment the case is filed until the eve of trial. That vacuum of time provides many favorable and unfavorable opportunities to negotiate …
Ron stared. The car was beautiful. All shiny black metal and gleaming chrome everywhere. Turning to the man beside him, whose name was Dave, He asked about the car. “Isn’t she lovely?” “Uh huh. How much?” ‘$26,000. ‘You gotta be kidding. Blue book is $23,000!” “Blue book for this car, in this condition, is $26,500.” …
Conflict resolution models are a helpful tool when the inevitable conflict in a relationship shows up. Conflict is a part of everyday life, and there are a variety of ways that people deal with conflict. Each strategy for resolving conflict will have strengths and weaknesses, and no one model will perfectly resolve every conflict. Evaluating …
When negotiating, the parties must find the zone of possible agreement or the ZOPA. Finding this zone will not only help the parties identify a way to agree with one another, but it will also help frame the negotiation to ensure that it can be completed. When the parties can identify the ZOPA, they can …
Is online divorce mediation effective? Let’s take a look. This is just not Joe’s week. His wife Janice is out of state with the kids on a trip to visit her parents. He stayed behind to catch up at work. Somehow, that had been the wrong choice. It led to a huge argument before they …
…Continued from Part 2: In previous articles, we’ve discussed what a BATNA and a WATNA are, the purpose of identifying a BATNA and WATNA, some possible alternatives to consider, and two analyses that parties can use to identify their BATNA and WATNA. This article will discuss the strategies that a mediator may use to help …
…Continued from Part 1: Back to discovering and using what the negotiation world calls a BATNA and WATNA, this article will continue to move through an analysis to help the parties discover the alternatives that will drive how they negotiate and settle a dispute. The previous article discussed the importance of moving through a BATNA/WATNA …