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In negotiation theory, the best alternative to a negotiated agreement or BATNA refers to the most advantageous alternative course of action a party can take if negotiations fail and an agreement cannot be reached. The BATNA could include diverse situations, such as suspension of negotiations, transition to another negotiating partner, appeal to the court's ruling, the execution of strikes, and the formation of other forms of alliances. BATNA is the key focus and the driving force behind a successful negotiator. A party should generally not accept a worse resolution than its BATNA. Care should be taken, however, to ensure that deals are accurately valued, taking into account all considerations, such as relationship value, time value of money and the likelihood that the other party will live up to their side of the bargain. These other considerations are often difficult to value since they are frequently based on uncertain or qualitative considerations rather than easily measurable and quantifiable factors.
Roger D. Fisher was Samuel Williston Professor of Law at Harvard Law School and director of the Harvard Negotiation Project.
Stanford Law School is the law school of Stanford University, a private research university near Palo Alto, California. Established in 1893, it is regarded as one of the most prestigious law schools in the world. Stanford Law has regularly ranked among the top three law schools in the United States by U.S. News & World Report since the magazine first published law school rankings in the 1980s, and has ranked second for most of the past decade. In 2021, Stanford Law had an acceptance rate of 6.28%, the second-lowest of any law school in the country. Since 2019, Jennifer Martínez has served as its dean.
Conflict resolution is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and retribution. Committed group members attempt to resolve group conflicts by actively communicating information about their conflicting motives or ideologies to the rest of group and by engaging in collective negotiation. Dimensions of resolution typically parallel the dimensions of conflict in the way the conflict is processed. Cognitive resolution is the way disputants understand and view the conflict, with beliefs, perspectives, understandings and attitudes. Emotional resolution is in the way disputants feel about a conflict, the emotional energy. Behavioral resolution is reflective of how the disputants act, their behavior. Ultimately a wide range of methods and procedures for addressing conflict exist, including negotiation, mediation, mediation-arbitration, diplomacy, and creative peacebuilding.
The Program on Negotiation (PON) is a university consortium dedicated to developing the theory and practice of negotiation and dispute resolution. As a community of scholars and practitioners, PON serves a unique role in the world negotiation community. Founded in 1983 as a special research project at Harvard Law School, PON includes faculty, students, and staff from Harvard University, Massachusetts Institute of Technology, Tufts University, and Brandeis University.
Peace education is the process of acquiring values, knowledge, attitudes, skills, and behaviors to live in harmony with oneself, others, and the natural environment.
John D. Marks is the founder and former president of Search for Common Ground (SFCG), a non-profit organization based in Washington, DC that focuses on international conflict management programming. Marks now acts as a Senior Adviser to SFCG. He is also a former Foreign Service Officer of the U.S. Department of State and co-authored the 1974 controversial non-fiction book The CIA and the Cult of Intelligence with Victor Marchetti.
Getting to Yes: Negotiating Agreement Without Giving In is a best-selling 1981 non-fiction book by Roger Fisher and William Ury. Subsequent editions in 1991 and 2011 added Bruce Patton as co-author. All of the authors were members of the Harvard Negotiation Project.
Gilead Sher is an Israeli attorney who served as Chief of Staff and Policy Coordinator to Israel's former Prime Minister and Minister of Defense, Ehud Barak. In that capacity he acted as one of Israel's senior peace negotiator in 1999–2001, at the Camp David summit in 2000 and the Taba talks in 2001, as well as in extensive rounds of covert negotiations with the Palestinians.
Lawrence E. Susskind is a teacher, trainer, mediator, and urban planner. He is one of the founders of the field of public dispute mediation and is a practicing international mediator through the Consensus Building institute. He has taught at the Massachusetts Institute of Technology since 1971.
The Cyprus Conflict Resolution Trainers Group was founded in 1994 by about 30 Cypriot peace pioneers. Because this group has introduced conflict resolution and structured dialogue concepts to a few thousand Cypriots, it is credited for the formation of an embryonic peace movement.
David W. Johnson is a social psychologist whose research has focused on four overlapping areas: cooperative, competitive, and individualistic efforts; constructive controversy; conflict resolution and peer mediation and experiential learning to teach interpersonal and small group skills. Johnson has developed and applied psychological knowledge in effort to improve practices within educational systems. Johnson's books have been translated into 20 different languages and his work has been applied in many countries.
George Khutsishvili Doctor of Philosophy, Professor, was a prominent Georgian public figure, one of the founders of conflictology in Georgia and the Caucasian region and a scientist in the field of peace and conflict studies. In 1994 he founded the independent non-for-profit and non-partisan International Center on Conflict and Negotiation (ICCN). Between 1995 and 2013 he was the publisher of Peace Times, Conflicts and Negotiations and Alternatives to Conflict’ amongst others. For many years he was invited to work as a professor at different leading universities in Georgia and abroad. George Khutsishvili made significant input into study of the essence of theoretical thinking and the problem of the infinite in the light of philosophy and mathematics (1970-80s). From the 1990s to the end of his days he dedicated his life to establishing and developing peace and conflict studies in Georgia.
Nancy Diane Erbe is an American negotiation, conflict resolution and peacebuilding professor at California State University, Dominguez Hills (CSUDH). Over the course of her career, she has collaborated with a wide spectrum of individuals and groups representing more than 80 countries, from colleagues and associates to clients and students, on these issues. She is a Fulbright Scholar, Senior Specialist in Peace and Conflict Resolution, and a Fulbright Distinguished Chair. She has received four Fulbright Honors to date including two in the same year (2015) which is extremely rare. She is the recipient of the Presidential Outstanding Professor Award-2015. In 2015 she along with her husband facilitated the start of the Arab world's first Master's Program in Peace Studies in West Bank. She has been a reviewer for Fulbright Commission in Egypt since 2016.
William Ury is an American author, academic, anthropologist, and negotiation expert. He co-founded the Harvard Program on Negotiation. Additionally, he helped found the International Negotiation Network with former President Jimmy Carter. Ury is the co-author of Getting to Yes with Roger Fisher, which set out the method of principled negotiation and established the idea of the best alternative to a negotiated agreement (BATNA) within negotiation theory.
Robert Harris Mnookin is an American lawyer, author, and the Samuel Williston Professor of Law at Harvard Law School. He focuses largely on dispute resolution, negotiation, and arbitration and was one of the primary co-arbitrators that resolved a 7-year software rights dispute between IBM and Fujitsu in the 1980s. Mnookin has been the Chair of the Program on Negotiation at Harvard Law School since 1994.
Nadim N. Rouhana is Professor of International Negotiation and Conflict Studies at The Fletcher School of Law and Diplomacy at Tufts University and the Founder and General Director of Mada al-Carmel, Arab Center for Applied Social Research in Haifa, which undertakes theoretical and applied social research and policy analysis to broaden knowledge and critical thinking about the Palestinians in Israel, equal citizenship, and democracy.
The Henry J. Leir Institute for Migration and Human Security, founded in 2001, is an interdisciplinary education and research organization within The Fletcher School of Law and Diplomacy, at Tufts University. The Leir Institute's mission is to help policymakers and practitioners develop more equitable and sustainable responses to migration and its root causes by employing a human security approach. Leir's research and education also intersect with humanitarianism, development, human rights, and conflict resolution, and the Institute is recognized as a leading academic institution in its field.
Leigh Thompson is the J. Jay Gerber Professor of Dispute Resolution & Organizations in the Kellogg School of Management at Northwestern University. She is the director of High Performance Negotiation Skills Executive program, the Kellogg Leading High Impact Teams Executive program and the Kellogg Team and Group Research Center. She also serves as the co-director of the Navigating Work Place Conflict Executive program and the Constructive Collaboration Executive program.
References
- 1 2 3 4 Soren Hilligsoe (2009). Negotiation. Academica. p. 45. ISBN 978-8776756369 . Retrieved 2015-06-30.
- 1 2 3 4 Staff of Program of Negotiation (Harvard University - Law School). About the Harvard Negotiation Project. published by The President and Fellows of Harvard College APRIL 19TH, 2009. Retrieved 2015-06-30.(ed. this source used to add < 1979 >)
- 1 2 Harvard University - Law School. harvard negotiation project. published by The President and Fellows of Harvard College. Retrieved 2015-06-30.
- ↑ Brian Tracy - Negotiation (The Brian Tracy Success Library) (p.48 - 49) AMACOM Div American Mgmt Assn, 19 Jun 2013, 112 pages, ISBN 0814433197 [Retrieved 2015-06-30]
- ↑ Marian Roberts - A-Z of Mediation (p. 74 - 75) Professional Keywords, published by Palgrave Macmillan, 28 Nov 2013, 256 pages, ISBN 1137002999 [Retrieved 2015-06-30]
