The Seven Elements of Negotiation

(Integrative Bargaining)

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1. Best Alternative To a Negotiated Agreement

What’s our BATNA? What’s theirs?

Can we improve ours? Worsen theirs?

2. Interests

What are ours? What are theirs?

Are there third parties to consider?

Which interests are shared, which are just different, and which conflict?

3. Options

What possible agreements might creatively satisfy both sides’ interests?

4. Legitimacy

What standards might a judge apply?

What "ought" to govern an agreement?

What will they argue? Our response?

5. Commitments

What is our authority? Theirs?

What might some illustrative, well-crafted commitments look like?

6. Relationship

What kind would we like to have?

What can we do that would be unconditionally constructive?

7. Communication

What do we want to learn from them?

How can we improve our listening?

What will be persuasive to them? How do we insure that our messages are clear?

What’s our agenda and plan?

How will we begin?

How do we handle disagreement?

How to remember

The Seven Elements of Negotiation

• Batna

• Relationship

• Options

• Communication

• Commitment

• Legitimacy/Standards

• Interests

Don’t forget to eat your BROCCLIwhen you

negotiate (Yes, it is supposed to be misspelled!)

The Seven Elements of Negotiation (cont.)

1. Interests

What are you trying to accomplish/achieve in these negotiations?

What are your key concerns?

What objectives are you trying to meet?


Why not? What would be wrong with…?

2. Legitimacy

Why do you think we ought to do that?

What benchmarks do you see in our industry that make you think that is appropriate?

If you were I, how would you justify that to others?

Where did that number come from?

3. Options

What other ideas might we brainstorm on this problem?

If we work together, what ideas do you have for how we might make this better for both of us?

Got any ideas on that?

What are some ways we could deal with this problem?


If we walked away from this deal, where would each of us go?

Do you feel we "must" do a deal here?

I would prefer to work something out jointly; would you?

5. Commitment

What is the purpose of this meeting?

Do you have the authority to make a decision on this?

Do others need to be here to get this done?

As an agenda, can we list possible headings in the table of contents of a final deal?

Leaving aside the specific terms, what do we need to cover a clause like this?

6. Communication

Do I understand you to be saying…?

What do you hear me saying?

What do others hear us saying on this?

Could you help me understand more about how you got to that conclusion?

Could you walk me through your thinking step-by-step?

7. Relationship

Do you feel the process we are using makes sense?

Have we done anything offensive or insulting?

Should we be the people trying to resolve this?

How are you feeling about this/us right now?

7 Key Rules – No agreement, or else an agreement that:

1. Is better than our BATNA

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