BATNA meaning

This Checklist offers guidance on preparing your client for mediation. Your client must be thoroughly ready for what could unfold during the session. Frequently, they will front the negotiations. Before attending, make sure you carefully cover the following points with them: Process and stages of the mediation Confirm your client grasps the typical phases of mediation and the ways it may develop at each step. Make clear the proactive part they will take, including being asked to reflect on the dispute. They should be clear about their drivers and the outcomes they seek from the process. In the end, they will, one hopes, contribute to shaping and agreeing any final settlement. Understand each stage and how the process may shift Recognise their active role and readiness to explore the dispute Clarify motivations and the outcomes they wish to achieve Be prepared to help shape and endorse any settlement Expect probing questions and an exacting, highly involved experience Remember a joint...

Conflict is inevitable…war is not Conflict is part and parcel of being human. In and of itself it is neither good nor bad; what counts is how we respond. Managed well, it can spark creativity and progress, acting as a catalyst for innovation and invention. Managed badly, it destroys health, erodes wealth and damages relationships. Where conflict management protocols are already in place, and dynamic stress within the family/business system hardens into patent conflict (see Practice Note: Guarding against family business disputes), they should be implemented at the earliest possible opportunity. If no such measures exist, or they fail for any reason, the following should be considered. Containment Conflict becomes far more difficult to manage once it spreads beyond the principals: others will predictably take sides, publicise the dispute, and circulate commentary shaded by their own world view and personality traits rather than those of the people actually in conflict; it is more difficult still if the matter enters the public domain. If at all possible, ask...

PRIVATE & CONFIDENTIAL [ Insert name and address of client ] [ Insert date ] Dear [ Insert name of client ] [ insert case heading ] As you will recall, we have agreed with [ insert name of the other party/parties ] to pursue mediation of [ the above dispute OR your claim ]. This correspondence outlines what you should expect to occur at the mediation, which is due to take place on [ insert date ] at [ insert location ]. It also explains the steps we now need to take to get ready for the mediation...