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BATNA is an acronym that stands for Best Alternative To a Negotiated Agreement. It is defined as the most advantageous alternative that a negotiating party can take if negotiations fail and an agreement cannot be made. In other words, a party's BATNA is what a party's alternative is if negotiations are unsuccessful.
An alternate is a defined portion of the Work that is priced separately and thus provides an option for the Owner in determining the final scope of the Project.
A BATNA, or Best Alternative to Negotiated Agreement, is the best option in the view of one party in a negotiation if the talks break down. A strong BATNA gives that party a reasonably attractive alternative to negotiation. If an agreement cannot be reached the BATNA can be implemented with minimal disruption.
An alternative contract is a type of agreement between two or more parties that creates enforceable obligations. It is similar to a regular contract, but it may have different terms or conditions that are not typically found in traditional contracts.
Those seven elements are: Identification (Defining all the parties involved) Offer (The agreement) Acceptance (Agreement mirrored by other parties) Mutual consent (Signatory consent of all parties) Consideration (The value exchanged for the offer) Capacity (Legal/mental competence of all parties)
A concept from negotiation theory, the WATNA is the worst result a party would ultimately achieve if it called off negotiations, for example, by terminating mediation.