Increasing the Likelihood That Parties Reach an Agreement if a Positive Bargaining Zone Exists
Effective third-party intervention not only assesses whether a positive bargaining zone exists but it also helps parties reach agreement if it does exist. If settlement is not likely, it is to both parties' advantage to realize this quickly and exercise their BATNAs. For example, an increas ing number of divorcing couples settle their financial disputes through face-to-face cooperation rather than courtroom confrontations 29 The benefit of mediation as opposed to the courtroom, is that the parties can talk and as a result, often reach settlement more quickly. One man estimated that he saved more than $10,000 in attorney fees by settling financial issues with his wife during a pair of two-hour mediation sessions. Moreover, rather than focusing on their "legal rights," they focused on their future needs" (i.e., an interests rather than a rights focus, see Chapter 5) However, if the divorcing couple is too emotional, it may not work.