The Art and Science of Using Game Theory Principles and Skills In Negotiation and Mediation

The Art and Science of Using Game Theory Principles and Skills In Negotiation and Mediation Revolutionize your thinking and understanding of family law. Learn how utilizing the mathematical principles of Game Theory can help you as a lawyer or mediator create enhanced outcomes for your clients, their families, processes between attorneys, and your own law practice. The whole family, and especially the children, will benefit.

In this groundbreaking book, principles derived from Game Theory are applied to family law, an arena often plagued by bitterness and what appears to be irrational behavior. The principles of Game Theory—the scientific study of how and why people make decisions—lends itself to changing the practice of family law in our traditional divorce system (one that often leads to rational but self-defeating, sometimes destructive decision-making) into one that expands the size of pie and provides win-win solutions for all parties.


  • Improve success rates
  • Optimize outcomes for both parties
  • Decrease conflict and
  • Enhance outcomes re:
  • Dividing property
  • Determining custody arrangements
  • Establishing constructive co-parenting relationships



The Art and Science of Using Game Theory Principles and Skills In Negotiation and Mediation

This book is an expansion on the author's' book, Game Theory and the Transformation of Family Law. However, it is not a restatement of it. While some of the same territory is covered, and readers of this book will recognize Principles explained in Game Theory, the exploration is from a different angle and includes new information.



  • “Integrates social science with game theory to provide new tools for reaching optimal outcomes in settlement negotiations. With the suggested procedures, the most contentious custody issues will be easier to manage. The recommended processes remove incentives for intractable conflicts while helping attorneys and mediators arm parents with the skills and mindset to keep future differences from escalating to full-fledged disputes. A unique and creative contribution to family law.”
    - Dr. Richard A. Warshak author of Divorce Poison: How to Protect Your Family from Bad-mouthing and Brainwashing
  • “Think settling a divorce case is easy? It might be if there are no major issues involved. Otherwise, getting two people highly emotionally involved with each other to agree on every issue from children to money requires a great deal of skill. Fortunately, for divorce lawyers, there is a field of study available to help. Unfortunately, most divorce lawyers are not aware of this field or how it can help. The field is ‘game theory,’ and its application to divorce negotiations is remarkable. Now, a new book by a psychologist, Kenneth H. Waldron, and a divorce lawyer, Allan R. Koritzinsky, discusses the concept of game theory and its application to divorce. This book is must reading for every lawyer involved in this field.”
    - Gregg Herman, Esq., Certified specialist in family law by NBTA
  • “Good family lawyers are problem solvers, sometimes having to resolve complex, problematical financial and parental disputes between high conflict adversarial parties. This book is a useful tool in aiding lawyers and mediators reach optimal results leading to settlement of the parties' differences in a way that will have lifetime positive effects for all members of the family. There are no better words that a family lawyer can hear from a former client years after the divorce is final than "Thank you. You made a difference in my life." This book and the game theory philosophy enhance the chances for that result.”
    - Leonard Karp, Esq., co-author with psychologist wife, Dr. Cheryl L. Karp, of "Domestic Torts--Family Conflict, Violence and Spousal Abuse.
  • “Waldron and Koritzinsky have written a gem for anyone interested in conflict theory, family conflict, and divorce in particular. Taking a sophisticated approach to the analysis and application of game theory to divorce, they provide a powerful explanation of how divorce procedures are set up to increase conflict and how they can be altered to produce more effective, durable, and constructive outcomes. They provide a sophisticated conceptual analysis and at the same time an immensely practical approach to the overall process of divorce and to the specific issues that divorcees face. In the process, they make a significant contribution to our overall understanding of conflict and conflict intervention. I really liked the book.”
    - Bernie Mayer, Ph.D., Professor of Dispute Resolution, The Werner Institute, Creighton University, Author, The Conflict Paradox


Kenneth H. Waldron, Ph.D

Kenneth H. Waldron, Ph.D. is licensed psychologist and co-owner of Monona Mediation and Counseling LLC, Monona, Wisconsin. His practice has been devoted to providing services to divorced/separated parents for over 35 years. Dr. Waldron has provided divorce mediation and arbitration, a range of programs for conflicted parents, including Structured Co-parenting Counseling and Parenting Coordinator services, expert witness services, assessment and treatment of Parental Alienation Syndrome, and educational programs for divorcing parents. He has served as court-appointed expert, performing custody studies and testifying to social science research in jurisdictions throughout the United States and in Canada.

Allan R. Koritzinsky

Allan R. Koritzinsky retired as a partner with Foley & Lardner LLP in 2009 and is currently employed by Allan R. Koritzinsky, LLC, where he does family law, business consulting, mediation and arbitration, and acts as a co-trustee for a Generation-skipping Trust.  While at Foley, he was Chair of the law firm’s Family Law Team.  Mr. Koritzinsky was named a Wisconsin Super Lawyer and listed in The Best Lawyers in America® for over 25 years.   He was the 2011 recipient of the State Bar of Wisconsin Senior Lawyers Division Leonard L. Loeb Award.  He was a Lecturer at the UW Law School, teaching Evidence, Civil Procedure, Alternative Dispute Resolution and Real Estate.  He co-authored Game Theory and the Transformation of Family Law, Tax Strategies in Divorce and Family Law Casenotes & Quotes. Mr. Koritzinsky was a Fellow of the American Academy of Matrimonial Lawyers, a Diplomat in the American College of Family Trial Lawyers, a member of the National AAML Board of Governors, a former National Chair of the AAML Arbitration Committee, President of the Academy’s Wisconsin Chapter and Chair of the Dane County Bar Case Mediation Program.  Anyone wishing to develop a game theory based negotiation program can contact Allan for a consultation (608-442-3420).