The Book of Real-World Negotiations

6Let's Walk Away, but Before We Do, Would You Consider …

Based on an interview with Paul Neale

As the reader will have observed in some of the previous cases, the concept of BATNA is critically important to negotiation. Sometimes, however, negotiators prematurely settle on their BATNA and walk away before really exploring all of their other options. This is somewhat normal to do in the preparation phase of the negotiation process, but it is important to understand that BATNAs are not static; they change as a negotiation progresses and new insights come to light. It is therefore fundamental that negotiators understand the dynamic nature of BATNAs and reassess them from time to time before making a final decision.

Couple the above BATNA analysis with the problem of decision makers not speaking directly to each other. When that happens there are many opportunities for misunderstanding and miscommunication. Such was the case in this scenario, where, after the author consulted with this company, they decided to take another look at the situation before exercising their BATNA and walking away. The two primary negotiators also came to realize the importance of speaking directly with each other. When they did come to the table and talk, they worked through a creative idea that still enabled them both to gain – albeit in an unorthodox fashion.

Background and the Negotiation Challenge

DOAR is a global consulting firm advising lawyers and major companies involved in complex legal disputes ...