by Philip R. Diamond | Jul 20, 2022 | Impasse, Mediation Success
The concept of exploring alternatives during the mediation process is not new. For many years, mediators have used the concepts of “BATNA” (Best Alternative to a Negotiated Agreement) and “WATNA” (Worst Alternative to a Negotiated Agreement) to...
by Philip R. Diamond | Nov 10, 2021 | Impasse
As any litigator who has represented clients in mediation knows, there can sometimes come a point in the process where the parties have dug in their heels, neither side will budge off its last settlement position, and the process is at a cross-roads. One path leads to...
