Sometimes, parties attend mediation without being prepared. That is, they” wing it.” I can often tell that the party is “winging it” because they did not submit a brief. The submission of a brief is as much for the party’s benefit as it is for mine: It forces the party to analyze its case, including the strengths and weaknesses. When I do not receive a brief, I think to myself that a party is mediating “on the fly.”
If you cannot guess, I am not a happy camper when a party comes to mediation without any forethought of what they want to achieve. Thus, a blog post entitled “Negotiation Preparation Strategies” by Katie Shonk, posted on the Harvard Law School Program on Negotiation on November 27, 2025, caught my eye.
In it, Ms. Shonk discusses a book, The Mind and Heart of a Negotiator, by Leigh Thompson, a professor at Northwestern University, which sets out two simple questions to prepare for any negotiation: What do I want? And what is my alternative to reaching an agreement? (Id at 1.)
When asking yourself what you want, Professor Thompson suggests being realistic in setting your goals. That is, do not set a target that is too low and do not set a target that is too high. If you set a low target, you may well feel disappointed when your demand is readily accepted, wondering if you left money on the table. If you set your target too high, you may feel frustrated when the other party refuses to negotiate and abruptly ends the negotiation. (Id. at 2.)
But, most importantly, if you do not think about what it is you really want ahead of time, then in reality, you cannot answer this first question: you do not know what it is you want, and thus, the definition of a good outcome! (Id. at 2.)
The second question posed by Professor Thompson is your BATNA- What is your alternative to not settling? Knowing your options will help you determine whether the deal being offered is a good one or a bad one.
To determine your alternatives, Ms. Shonk offers the BATNA questions suggested by Harvard Business School Professors Deepak Malhotra and Max H. Bazerman: identify all plausible alternatives, estimate the value of each, and then select the best option. (Id. at 2.)
The blog post then suggests that you calculate your walk-away number or the lowest number (or highest number if you are the one paying) you will accept before walking away, because your BATNA actually offers a better option. (Id. at 2.)
At the same time, take a few moments to estimate the other party’s BATNA – or the point at which they will walk away. What will they do if they do not get what they want? (Id. at 3.)
With these two simple questions answered- What do I want and What is my alternative if I do not get it? – You will walk into a negotiation with a very clear view of your end goal. Your negotiation will also be much more efficient, as you will not have to spend time mulling things over!
… Just something to think about.
-------------------------------------
Do you like what you read?
If you would like to receive this blog automatically by e mail each week, please click on one of the following plugins/services:
and for the URL, type in my blog post address: http://www.pgpmediation.com/feed/ and then type in your e mail address and click "submit".
Copyright 2021 Phyllis G. Pollack and www.pgpmediation.com, 2021. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Phyllis G. Pollack and www.pgpmediation.com with appropriate and specific direction to the original content.
