Legal English & Communication
← Upper-Intermediate · Negotiation and Professional Communication

Preparing a Negotiation

Objectives

  • Identify interests, positions and BATNA
  • Prepare an opening statement
  • Plan concessions

Explanation

Distinguish positions (what parties say they want) from interests (why they want it). Know your BATNA (Best Alternative to a Negotiated Agreement) and your walk-away point. Plan concessions in exchange for something: 'We could accept X if your client agrees to Y.'

position

What a party demands.

“Their position is a 10% discount.”

interest

The underlying need behind a position.

“Their real interest is cash flow.”

BATNA

Best Alternative to a Negotiated Agreement.

“Our BATNA is arbitration.”

walk-away point

The limit beyond which you will not agree.

“Our walk-away point is US$90,000.”

concession

Something given up in negotiation (different from a land concession).

“We made a concession on timing.”

Flashcards

Match terms and definitions

position
interest
BATNA
walk-away point
concession

Complete the sentences

1. Our ___ is to accept the second buyer's offer.
2. We could accept that ___ your client agrees to staged payments.
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