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Do you know your BATNA?

By ZARAH WALPOLE

What do you think about before you start a negotiation? You probably take the time to consider what you want to accomplish, and what you think would be fair. I suspect you also consider what the other side's ideal outcome might be. These are all essential matters - it is important to have a clear understanding of your, and the other side's, goals. There is another great step to take when preparing for a negotiation that you might have overlooked. Do you know your BATNA?

BATNA stands for Best Alternative to a Negotiated Agreement. In other words, what will you do if you cannot reach an agreement? If your negotiation fails and no agreement is reached, you will have a number of courses of action open to you. Have you thought about what they are? Alternatives can range from doing nothing to going to the press, starting a law suit to starting a business. Keep in mind that you are considering alternatives that can be taken without the consent of the other negotiator.

Once you know all your alternatives, you can figure out your best one. You want to make this alternative as good, concrete and real as possible. It is not enough to consider theoretical alternatives. Suppose you want to negotiate a reduced workweek so that you can care for an ailing parent. Consider what you will do if the negotiation fails. One alternative would be to quit and get a new job (this isn't the only alternative - just an obvious one). To make it concrete, you need to find out if there are jobs available in your field that offer flexible work schedules. If there are, you can start to develop a concrete BATNA. If you've got a job offer on the table, you are walking into your negotiation with a really strong BATNA. If there aren't any other jobs, you've also gained valuable information. Can you afford to quit and not get a new job, can you and your parent move to where there is work? Maybe your BATNA will be to stay at your job on the same terms.

Now that you know your BATNA, what are you going to do with it? First, there is no rule that says you have to disclose it to the other side. Disclosure is most useful when you have a BATNA that is better than the other side realizes. For example if you have been offered a job sharing position that pays more than your present position, this may be very powerful information to share during the course of the negotiation. If you have a weak BATNA, keep it to yourself.

More important than disclosure, your BATNA is there for you. When there is a final offer on the table, consider your BATNA. Remember, you are not choosing between the deal on the table and what would be fair, just or right. You are choosing between the deal on the table and your BATNA. A good deal for you is one that is better than your BATNA. If the offer is worse, you should proceed with your BATNA.


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The above is not intended to constitute legal advice. Please contact a lawyer to clarify your legal rights.

 


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