Negotiate Like a
Trial Lawyer

Chapter 08 of 14

Understanding and Leveraging Your BATNA

Build a strong Plan B so you know when to agree—and when to walk away.

The essential idea

Your BATNA—Best Alternative To a Negotiated Agreement—is the option you will actually pursue if this deal fails. The better it is, the less pressure you feel to accept weak terms.

What to remember

  • A BATNA is an actionable alternative, not a wish or threat.
  • Your reservation point is the boundary where the proposed agreement becomes worse than your BATNA.
  • Improving alternatives before negotiating can create more leverage than arguing at the table.
  • Estimating the other side’s BATNA helps you understand their likely flexibility.

Put it into practice

  1. List real alternatives. Identify every practical option available if no agreement is reached.
  2. Compare total value. Include time, risk, relationships, cost, and certainty—not just the headline number.
  3. Strengthen your best option. Take concrete steps that make your alternative more credible before the negotiation.
  4. Keep weak alternatives private. Do not reveal information that needlessly reduces your leverage.

Common mistakes to avoid

  • Confusing your ideal result with your BATNA
  • Bluffing about an alternative you cannot execute
  • Accepting a deal without comparing it to the full cost of walking away

Your next move

Name your best alternative, assign it a realistic total value, and write the exact point where you should decline the current deal.

Bottom line: Strong negotiators prepare with intention, stay curious during the conversation, and make decisions against clear standards—not pressure.