BATNA is an acronym for Best Alternative To a Negotiated Agreement. It is defined as the most advantageous alternative that a party to the negotiation can take if negotiations fail and a purchase and sale contractThe sales and sale contract (SPA) is the result of commercial negotiations and high prices. Essentially, it outlines the agreed elements of the agreement, contains a number of important safeguards for all parties involved and provides the legal framework for the conclusion of the sale of a property. can`t be done. In other words, the BATNA of a party is the alternative of a party if the negotiations fail. The term BATNA was originally used by Roger Fisher and William Ury in their 1981 book “Getting to Yes: Negotiating Without Giving In.” A significant examination of the reality of one party`s batna/WATNA analysis is the other party`s assessment of the same case. In particular, one party`s assessment of its best result may be very different from that of the other side on its worst-case scenario. Parties often give the Mediator permission to share with the other party their prognosis of the best cases when they understand that there is the mediator`s lever to move the other party in its direction towards A Solution. They may be more concerned that the Mediator shares their most pessimistic scenario and associated costs on their side (best or worst), but this information is often less useful than levers.
When the analysis focuses on possible outcomes, lawyers are the natural sources of information. Ideally, they have the experience and knowledge of where they work to provide “expert” information on the best and worst possible outcomes. Even if they are less competent than the mediator likes it, they expect to be consulted when this analysis is done. If the analysis focuses on other avenues than litigation, the parties themselves and/or other types of experts or resources may be needed to provide information on possible outcomes. It`s like reducing your losses. No, it`s not ideal, but sometimes it`s the best option. But when is it “sometimes”? When do you look at your WATNA? We generally see it come into play in situations that involve a lot of uncertainty. Suppose you are in discussions with someone about the attitude. If you don`t have a job now, your position is not that strong.