BATNA Analysis in a Dispute Resolution Negotiation As noted earlier, BATNA is a key concept because it gives you leverage in a negotiation. In most business transactions, the application of the concept is fairly straightforward because it involves considering alternative deals. The concept becomes more complicated in dispute-resolution negotiations, where the BATNA ultimately might be a court proceeding. The dispute-resolution scenario requires a basic understanding of, first, the litigation process and, second, techniques for evaluating litigation outcomes. This section will review the litigation process and the next section will discuss a tool for evaluating outcomes in both deal-making and dispute-resolution negotiations. In a global economy, it is especially important for you to understand these differences so that you can make sound decisions regarding litigation strategy and settlement possibilities. Here are five key differences. 1. contingency fee. 2. punitive damages 3. discovery 4. juries 5. American rule. Key takeaway. When you negotiate the settlement of a dispute, your ultimate BATNA might be litigation. This BATNA is often not attractive, especially in the United States, which should encourage you to attempt to reach a negotiated agreement.