Browsing Archive: July, 2014

WATNA - Worst Alternative to a Negotiated Agreement

Posted by Stephen Wood on Tuesday, July 1, 2014, In : WATNA 
WATNA (Worst Alternative to a Negotiated Agreement) is a concept developed by Roger Fisher and William Ury of the Harvard Program on Negotiation.  It was popularised in their book Getting to Yes (Random House Business Books, 3rd edition, 2012).  The WATNA represents one of several paths which a party may follow if a settlement can not be reached.

Like its BATNA counterpart, the WATNA can be used to compare against the other options (including offers) available, to assist a party in making a mo...
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Indemnity Costs for refusals to mediate

Posted by Stephen Wood on Tuesday, July 1, 2014, In : Costs 
In the 2014 High Court decision of Phillip Garritt-Critchley & Others v Andrew Ronnan and Solarpower PV Limited, HHJ Waksman QC awarded indemnity costs to the Claimants after deciding that the Defendants' refusals to mediate were unreasonable.

Pannone represented the Claimants and have recently published a summary.  The Claimants had offered ADR both pre-issue and after proceedings were issued.  Furthermore, at the Case Management Conference in May 2013, District Judge Khan recommended that th...
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About Me


Stephen Wood is an ADR Group Accredited Civil & Commercial Mediator, an ADR Group Accredited Workplace Mediator, an ADR Group Accredited Online Mediator and a Consultant Litigation Solicitor. In 2017 Stephen was appointed to the Panel of Chairs of the Valuation Tribunal of England. Stephen has undertaken over 50 paid mediations.