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  • Jacqueline Zwiebel

BATNA and Good faith negotiations in Mediation

BATNA or best alternative to a negotiated agreement, in negotiation theory is a measure developed by Roger Fisher and William Ury of the Harvard Negotiation Project which enables negotiating parties to evaluate their options. The BATNA is the best result that a party could hope for if it called off the negotiations such as in a mediation.

A good time to call off negotiations and consider your BATNA is when a party consistently fails to negotiate in good faith during your mediation.

Good faith negotiations occur when the parties negotiate in a way that is likely to guide them towards an agreement. Bad faith means simply going through the motions without any real intent to reach an agreement. A party may even make it difficult to move ahead with delay or other tactics which stalls the mediation process.

For more information on BATNA and Negotiating in Good Faith, please see the article below:

https://www.pon.harvard.edu/daily/business-negotiations/negotiate-good-faith/

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