Negotiation Preparation Questionnaire*
Case Name: ____________________________________________________
I. Planning your approach to these negotiations
What are the terms or issues which will require negotiation in order to settle this case?
For each issue:
Will you make the first offer?
What will be your opening offer?
In what order would you prefer to negotiate these issues?
What concessions do you expect to agree to make?
How would you rank these issues in order of importance?
How do you think your opponent would rank these issues?
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Will you make the first offer? (yes or no) |
Your opening offer | Order for negotiation [agenda] | Planning concessions | Your rank | Opponent's probable rank |
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Which negotiating style and strategy do you intend to use?
| adversarial strategy | problem solving strategy | |
| competitive style | ||
| cooperative style |
What are your best factual and legal arguments?
What information do you want to disclose which will help the negotiations from your standpoint?
What information do you want not to disclose?
II. Calculating your settlement position
What is your BATNA (best alternative to a negotiated agreement)?
Monetary.
If applicable: What is the overall value of the jury verdict you would predict in this case? Calculate your BATNA.
Other
If you do not settle, what other benefits exist for your client?
What is the best possible outcome for your client? How might you get close to this result?
What is your range of acceptable outcome(s)?
What is your "bottom line" or authorization limit?
Now, think about your WATNA--your worst alternative to a negotiated agreement.
If you do not settle, what risks (legal and non-legal) exist for your client?
III. Assessing your opponents' settlement position
What is your best estimate regarding your opponent's BATNA?
Monetary
If applicable: To the extent possible, calculate your opponent's BATNA.
Other
If you do not settle, what other benefits or risks exist for your opponent?
What is your best estimate of your opponent's range of acceptable outcome(s)?
And your best estimate of your opponent's "bottom line" or authorization limit?
What are your opponent's best factual and legal arguments?
What is your estimate of your opponent's WATNA?
* This questionnaire is adapted from that created several years ago by Professor Emily Spieler and the negotiation faculty for use during our Negotiation Skills Week. Of course, the form is a planning document and it may need refinement as you prepare for a particular negotiation. For example, if you know your opponent prior to the negotiation, you may anticipate collateral matters that may arise and plan a strategy to deal with those contingencies. In addition, even if you do not know the opponent, you may want to give some thought to how you will negotiate with the negotiation styles an opponent may choose to utilize.