Cooperative bargaining is: Sometimes possible with a distributive scenario. Always present in a distributive scenario. Impossible with a distributive scenario. Never necessary for strong, smart negotiators.

BATNA stands for: Bargaining Against Terrible Advice Best Alternative to a Negotiated Agreement Best Argument Takes All Burns & Allen Television All-stars

When engaged in cooperative bargaining, parties should: Focus only on the dollar amounts involved to avoid becoming embroiled in arguments that are not wholly relevant. Initially ignore the dollar amounts involved in order to find some alternative grounds on which to collect. Take a simple, linear approach to negotiation to avoid complicating maters unnecessarily. Take an integrative approach and consider multiple issues simultaneously.

When clients and their attorneys have prior bad experience with an opposing party: Competitive bargaining is inevitable, due to a lack of trust between the parties. Competitive bargaining is inevitable, due to pre-existing anger. Cooperative bargaining is possible, if the legal teams stay unemotional and look for opportunities to act as problem-solvers. Cooperative bargaining is possible, but only if the negotiations do not concern a distributive scenario.

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