Tag Archives: At Counsel Table blog

Negotiating with Strength by Using BATNA

I intend the caption to have a double meaning: negotiating with another who has greater strength and negotiating strongly with that more powerful adversary. This happens in almost any case involving an insurance carrier or corporation: they will inevitably have more money and personnel to deal with the issues than a plaintiff’s attorney and the client. How to get around this–or at least minimize the differences–is a key challenge. I recommend this article because I’ve been in this situation so many times before. I like the recommendation of systematically reviewing considering the options, the BATNAs.

Riffing off of Fisher & Ury’s Getting to Yes, the fine blog At Counsel Table gives some examples of how to pull this off in the context of litigation and mediation.