ABSTRACT
In the area of commercial mediation, mediators have to call upon varied skills and techniques to ensure that other settlement possibilities are not overlooked and that the best method for resolution of the dispute is employed: be that facilitative, evaluative or deal brokering. A reality check is as useful in a complex commercial mediation as it is in any dispute. However, it should be made clear at the outset that best alternatives to a negotiated agreement (BATNA) is not the so-called 'bottom line' that negotiators think will be a way to guard themselves against reaching agreements where they give too much or receive too little. Mediators can help parties accurately assess their BATNA through reality testing and costing. Whilst BATNA is most frequently referred to as 'the' method for helping parties reach settlement by analyzing their best and worst outcomes, there are other techniques that mediators can use to assist the parties in reaching settlement.
