I studied the power of the BATNA in negotiation as part of the MS program at Creighton University. It was a tough enough concept to grasp as a graduate student and later as a mediator. I finally got it or I think so with all due humility. I still work on the BATNA when I am in my own negotiations. It Is difficult to teach the BATNA concept to disputants who have no experience with the idea let alone negotiation and mediation, equally new approachs in comparison to their conventional images of the role of the judge, attorney, and court room setting. As Bernie Mayer articulates in "Beyond Neutrality," the mediator is expected to be coach, ally, strategist, and organizer by the ADR participants. The BATNA/WATNA concept speaks to all four roles with greater weight on coach and strategist. It is one of the most difficult aspects of negotiation since it can vary in degrees of strength or weakness. It all depends upon the disputant's comfort level with the concept and not exclusively how the mediator weighs its value and worth within the ADR session. And yes, I am going "Beyond Neutrality" as a disciple of Bernie Mayer's. less
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