Facilitating the appropriate transition to option development from previous stage
• Clarifying the confidential, without prejudice and non-binding nature of option exploration
• Facilitating the parties creative development of a vide range of options
• Enabling a future focus in discussions
• Facilitating a detailed cost benefits analysis of options for each party
• Facilitating development of alternative options where progress cannot be made
Process during Bargaining Phase
• Driving the parties from their positional stand point to a principled stand point
• Keep the rapport
• From what I want to what I need position
• From past (dispute) to future (solution)
• Empathize not sympathize with the parties
• Hypothetical questions
• Avoid multiple questions
• Reality testing of options offered by the parties
Tools to be used in Bargaining Phase
• Normalizing the situation when needed
• Mutualizing help to understand
• Reality testing-checking if the option is workable/possible
• Managing/taking control of the process when necessary
• PIN (Position-Interests-Needs)
• BATNA (Best Alternate to Negotiated Agreement)
• WATNA (Worst Alternate to negotiated Agreement)
• MLANTA (Most Likely Alternate to Negotiated Agreement)
• Cost of litigation, time
• Future relationships
• Reputation
• Uncertainty
Stage 4 to be continue…
