Your BATNA, your Best Alternative To a Negotiated Agreement, might seem simple to calculate in some circumstances, especially in a dispute over an amount of money. You could estimate the maximum amount that you might recover in a lawsuit or the minimum that you might be required to pay. You could then try to determine […]
You and your BATNA (Part I)
Mediators sometimes talk about your “BATNA” — a term coined by Roger Fisher and William Ury in Getting to Yes: Negotiating Agreement Without Giving In. “BATNA” is an acronym for “Best Alternative To a Negotiated Agreement. ” When you understand your BATNA, you have a way to evaluate a possible negotiated agreement against the best […]
Sam Kagel, mediator and arbitrator
Sam Kagel, 98, a noted mediator and arbitrator, died recently. Among the thousands of disputes he settled, he is probably best known for his role in mediating a resolution to the 1982 National Football League strike. Famous for his salty tongue, he was also respected for his fairness, persistence, and insights about the path to […]
“I don’t have a dog in this fight.”
I am no fan of dog fights, but it’s hard to beat this old expression to capture the idea of neutrality in dispute resolution. A business or family conflict involving siblings and multiple generations (perhaps even a generation that is no longer living, but the elephant in the room of the current conflict) can be […]
The Orange
Mediators tell a story about two people and one orange. Each person has a firm position: I absolutely deserve the orange. In addition, I absolutely need the orange. Sounds like an impasse. Negotiation may be difficult if both parties are so completely committed to their positions that they are unable to hold fruitful discussions (pun […]
Conflict saps energy
I had the good fortune today to spend some time with other business owners who are clients, members, and friends of the Women’s Business Development Center (WBDC). We represented a range of business services and products, from various areas around Connecticut. Everyone was dedicated to business success and to overcoming obstacles that come along in […]
What exactly is mediation (Part II)?
Mediation is a flexible, voluntary process for resolving disputes or conflicts. A mediator helps the parties to the dispute reach an agreement that resolves their conflict. Sometimes mediators are called third-party neutrals. The mediator’s role is always separate from the parties to the dispute: he or she is neither one of the parties in conflict […]
What exactly is mediation (Part I)?
People have used mediation to resolve conflicts for as long as we have found ourselves embroiled in conflicts, but there is still some confusion about exactly what the process is. We’ll start with what mediation is not. Mediation is not the same as meditation — though both endeavors can lead to peace of mind. Mediation […]
It can happen to anyone.
What is “it”? Conflict. We would like to believe that conflict will never harm our family, our business, whatever is most dear to us. But conflict can happen to anyone, even good people with good intentions. The New Haven Register recently reported on a dispute bitterly dividing members of a long-established peace group. Two factions […]
