This book is designed to guide counsel and their clients through these ADR options. It discusses the various processes and provides yearly updates on the applicable laws and rules. It also provides insight into the use of ADR in specific practice areas as well as practice tips on how best to succeed with the appropriate process.
This book is for general counsel, their in-house colleagues, and their outside litigators. It explores what lies in that gap between negotiation and adjudication. It considers whether there is a better alternative. It poses the question: why ADR?
Founded in 1983 and based at Harvard Law School, PON is a consortium program of Harvard University, Massachusetts Institute of Technology, and Tufts University, with scholars and students from numerous fields of study, including law, business, government, psychology, economics, anthropology, the arts, and education. PON activities include conferences, seminars, research projects, publications, a film series, and an annual event honoring a Great Negotiator for singular achievements as a skilled negotiator in complex situations. Instructors throughout the world depend on PON materials to teach their courses.
In negotiation, BATNA refers to your “best alternative to a negotiated agreement,” or the best outcome you can expect if you fail to reach agreement at the bargaining table with your counterpart. An evaluation of your BATNA is critical if you are to establish the threshold at which you will reject an offer. Effective negotiators determine their BATNAs before talks begin.