Negotiation Prep Form

A negotiation preparation form based on Bargaining for Advantage and Getting to Yes.

  1. Context: Think about the context in which this negotiation is taking place. It helps to think for a moment because you might realize there are elements that might come into play that you hadn’t really considered previously.
  2. Stakeholders: This is just thinking outside the box about who might be affected. These could be allies.
  3. Seriousness: Reality check on how big a deal this is, or isn’t. Will it matter in 10 years?
  4. Ongoing Relationship: I think about this inherently as I value relationships. I should consciously consider what I think a negotiation (or botched negotiation) might do to my reputation with this person. How much are you willing to spend of your personal reputation on a particular negotiation (helps keep emotions in check).
  5. Goals: What do you want? Don’t need to think about this too much, but could expand to think about alternate goals and options than just what immediately comes to mind.
  6. Court: Not usually relevant, but good to consider.
  7. Avoiding Court: Sometimes it works to your advantage. Basically need to do your research if this is a possibility.
  8. Distributive: Usually this is simple and you know what you want up front. You want a raise, but do you also want tuition reimbursement?
  9. Integrative: This might take more thought. Besides monetary things, what other perks could you seek?

10.  Issues: it’s good to think about what the other side might be interested in because you can then play to them.

11.  Non-Legal Options: eh.

11.  Standards: Kelly Blue Book values, salary survey’s, employee handbook guidelines, etc.

12.  Distributive Bargaining Plan: This is something I do in my head very quickly and easily. I obsess over options.

13.  Optimal Settlement: You know what optimal is if you’ve thoroughly considered all the questions above.

14.  Why: n/a

15.  Open: Knowing how you’re going to open is good so you’re not caught off guard.

16.  Why: n/a

17.  Target: “You can’t always get what you want…”

18.  Why: “and if you try sometime you find you get what you need.”

19.  Resistance Point: Know when the stakes change

20.  Why: Because you need to know what you’re willing to give.

21.  Concession Points: n/a

22.  Other Side: What have they got up their sleeve?

23.  Our BATNA:

24.  Their BATNA:

25.  Our WATNA:

26.  Their WATNA:

27.  No Deal:

28.  Court:

29.  Jury:

30.  Want to Know:

31.  Confidential Facts:


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