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Fuller (1992:206) mentions other types <strong>of</strong> intimidation, which are used in<br />

specialised negotiation situations, like threats to strike in labour negotiations, and<br />

"sabre-rattling" in intemational negotiations. There are actually no limits to negotiation<br />

intimidation. However, the final step to take is not to succumb to intimidation.<br />

NEGOTIATION lOOPBACKS<br />

In the previous paragraph it has been said that threats can be used to get the<br />

parties to agree to a settlement. Sometimes parties do this if they think they can get a<br />

better deal by making a threat than by negotiating. This is called the best alternative to a<br />

negotiated settlement BATNA. (http://w\vw.colomdo.edu/conflict/peace/<br />

treatmentingloops.htmp.l)<br />

This is usually done by parties that feel they have more<br />

power than their opponents. The power may be military, political, legal or nonviolent<br />

action. The powerful party threatens to take action ifthe other party does not succumb.<br />

However, it does not have to carry out the threat once it becomes clear who has more<br />

power. At this point the opponents may agree to go back to negotiation. This is called<br />

the negotiation loopback. It enables the parties to reach a settlement. It also indicates<br />

that the conflict is ripe for negotiation. This is how many "out <strong>of</strong>court" settlements are<br />

reached.<br />

TESTING THE VALIDITY OF THE BATNA<br />

It has been mentioned that during negotiation one party may resist negotiation<br />

because it thinks it has a better alternative to a negotiated settlement (BATNA).<br />

However, this may turn out to be an illusion; therefore it is recommended that the<br />

BATNA be tested before the disputing parties drift apart. Dry in his book Getting Past<br />

No, is mentioned as saying the mediator can perform this task by talking to each <strong>of</strong><br />

274

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