Topics: Negotiation, Harvard University, Best alternative to a negotiated agreement Pages: 13 (3974 words) Published: May 17, 2013

BATNA Basics: Boost Your Power at the Bargaining Table
Negotiation Management Report #10

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Negotiation Editorial Board
Board members are leading negotiation faculty, researchers, and consultants affiliated with the Program on Negotiation at Harvard Law School. Max H. Bazerman Harvard Business School Iris Bohnet Kennedy School of Government, Harvard University Robert C. Bordone Harvard Law School John S. Hammond John S. Hammond & Associates Deborah M. Kolb Simmons School of Management David Lax Lax Sebenius, LLC Robert Mnookin Harvard Law School Bruce Patton Vantage Partners, LLC Jeswald Salacuse The Fletcher School of Law and Diplomacy, Tufts University James Sebenius Harvard Business School Guhan Subramanian Harvard Law School and Harvard Business School Lawrence Susskind Massachusetts Institute of Technology Michael Wheeler Harvard Business School

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The articles in this Special Report were previously published in Negotiation, a monthly newsletter for leaders and business professionals in every field. Negotiation is published by the Program on Negotiation at Harvard Law School, an interdisciplinary consortium that works to connect rigorous research and scholarship on negotiation and dispute resolution with a deep understanding of practice. For more information about the Program on Negotiation, our Executive Training programs, and the Negotiation newsletter, please visit To order additional copies of this Special Report for group distribution, or to order group subscriptions to the Negotiation newsletter, please call +1 800-391-8629 or +1 301-528-2676, or write to For individual subscriptions to the Negotiation newsletter, please visit To order the full text of these articles, call +1 800-391-8629 or +1 301-528-2676, or write to Visit to download other free Negotiation special reports.

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Negotiation Editorial Staff
Academic Editor

Guhan Subramanian Joseph Flom Professor of Law and Business, Harvard Law School Douglas Weaver Professor of Business Law, Harvard Business School Editor

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Dealing with Difficult PeoPle anD Problems

Katherine Shonk
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1. Assess your BATNA using a four-step process.
Adapted from “Accept or Reject? Sometimes the Hardest Part of Negotiation Is Knowing When to Walk Away,” by Deepak Malhotra (professor, Harvard Business School), first published in the Negotiation newsletter, August 2004.

Jim Shapiro recognized that their differences had become irreconcilable. Stevenson wanted to buy out Shapiro, who was willing to sell for the right price. After months of haggling and legal maneuvering, Stevenson made his final offer: $8.5 million for Shapiro’s shares in the company. The company is worth about $20 million, Shapiro thought to himself. I own 49% of the shares. Heck, I helped build this...
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