Understand BATNA and WATNA for Mediation

Dear all,

Understand BATNA and WATNA for Mediation

 

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

I would like to share with you some information on BATNA (Best Alternative to a Negotiated Agreement) and WATNA (Worst Alternative to a Negotiated Agreement) in mediation.

 

In preparing for negotiation and considering settlement proposals in mediation, solicitors and/counsel can help clients to examine and consider their BATNA and WATNA.

 

BATNA

What are the best outcomes for clients or the best circumstances the clients would be put into if they do not settle the dispute with the other side.

 

Clients should be advised to evaluate whether the opposing party has a strong or weak BATNA to enable them to better understand their positions and negotiating strengths.

 

Any settlement proposal which is better than a party’s BATNA should be accepted.

  

WATNA

What are the worst outcomes for clients or the worst circumstances the clients would have to face if they do not settle the dispute with the other side.

Through understanding WATNA, clients’ attention would be more likely to shift from what they have to compromise in the negotiated agreement to what they could benefit from it.

 

This also helps clients to avoid accepting an inadequate settlement offer. Any settlement proposal which is worse than a party’s WATNA should be rejected.

 

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

 

 

 

 

Disclaimer: The above is for your information and reference only. The contents do not constitute legal advice or a substitute for legal advice in individual cases.