I “met” an interesting fellow while building some parts of my new mediation website and blog. He very graciously pointed me to an article of his that contains timeless wisdom about effective negotiating.

Know your best alternative if you have to walk away from the negotiation. Try to discover theirs. Dale knew he could find work as an executive, after all, he was in the top 10 per cent of his class from a respected school. Someone would hire him. His biggest worry was for his employees.

via Principles matter – negotiation strategies for entrepreneurs.

By BRIAN BABCOCK
First published in the Globe and Mail, July 4, 2003

This snippet demonstrates the BATNA¹ feature of effective negotiating, a principle which is important during a mediation. In my years on the bench it has been apparent that in litigation parties often have a poor understanding of their BATNA and even if they do, the rigid process of litigation smothers any ability to control alternatives.

More fine articles and information can be found on his website at http://www.brianbabcock.com.