Page 9 - Becoming a Better Negotiator

understanding the other side's position and treating it and the party with respect.
Few negotiators are fortunate enough to know the other side's true power (i.e., alternatives). Therefore, power in negotiating is really a function of the perception of power rather than actual power. This is obviously true to a certain extent in the mediated settlement context but unlike many negotiations the negotiator's power is dependent on the strength of legal arguments related to liability, damages, and defenses. Legal research and factual discovery allow us a better glimpse at the other side's "power in negotiation."
Assess the “Bargaining Zone”
1. Assess BATNA, Target Price, and Reservation Price
A. BATNA
A critical step in preparing for a negotiation is to make a realistic assessment of your Best Alternative To A Negotiated Agreement or BATNA. Although the BATNA is usually thought of as a calculated number, there are many subjective factors that are not a precise calculation. Nevertheless, it is important to work through this assessment. The Harvard Program on Negotiation (“PON”) suggests the following methodology for making this assessment:
First, list the alternatives if the negotiation impasses. In the litigation context, the alternatives are the potential
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