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parties have similar ideas or "congruent images" about what BATNAs exist, then the
negotiation is ripe for reaching agreement. Having congruent BATNA images means that
both parties have similar views of how a dispute will turn out if they do not agree, but
rather pursue their other rights-based or power-based options. In this situation, it is
often smarter for them to negotiate an agreement without continuing the disputing
process, thus saving the transaction costs. This is what happens when disputing parties
who are involved in a lawsuit settle out of court, (which happens in the U.S. about 90
percent of the time). The reason the parties settle is that their lawyers have come to an
understanding of the strength of each sides' case and how likely each is to prevail in
court. They then can "cut to the chase," and get to the same result much more easily
and more quickly through negotiation.
On the other hand, disputants may hold "dissimilar images" about what BATNAs exist,
which can lead to a stalemate or even to intractability. For example, both sides may
think they can win a dispute if they decide to pursue it in court or through force. If both
sides' BATNAs tell them they can pursue the conflict and win, the likely result is a power
contest. If one side's BATNA is indeed much better than the other's, the side with the
better BATNA is likely to prevail. If the BATNAs are about equal, however, the parties
may reach a stalemate. If the conflict is costly enough, eventually the parties may come
to realize that their BATNAs were not as good as they thought they were. Then the
dispute will again be "ripe" for negotiation.
The allure of the EATNA often leads to last-minute breakdowns in negotiations.
Disputants can negotiate for months or even years, finally developing an agreement
that they think is acceptable to all. But then at the end, all the parties must take a hard
look at the final outcome and decide, "is this better than all of my alternatives?" Only if
all the parties say "yes," can the agreement be finalized. If just one party changes his or
her mind, the agreement may well break down. Thus, knowing one's own and one's
opponent's BATNAs and EATNAs is critical to successful negotiation
Determining Your BATNA
BATNAs are not always readily apparent. Fisher and Ury outline a simple process for
determining your BATNA:
1. develop a list of actions you might conceivably take if no agreement is reached;
2. improve some of the more promising ideas and convert them into practical
options; and
3. select, tentatively, the one option that seems best.
BATNAs may be determined for any negotiation situation, whether it be a relatively
simple task such as finding a job or a complex problem such as a heated environmental
conflict or a protracted ethnic conflict.
More complex situations require the consideration of a broader range of factors and
possibilities. For example, a community discovers that its water is being polluted by the
discharges of a nearby factory. Community leaders first attempt to negotiate a cleanup
plan with the company, but the business refuses to voluntarily agree on a plan of action
that the community is satisfied with. In such a case, what are the community's options
for trying to resolve this situation?
They could possibly sue the business based on stipulations of the Clean Water
Act.
They could contact the Environmental Protection Agency and see what sort of
They could lobby the state legislature to develop and implement more stringent
the problem. Such education could lead voters to support more environmentally
minded candidates in the future who would support new laws to correct problems
like this one.
In weighing these various alternatives to see which is "best," the community members
must consider a variety of factors.
Which is most affordable and feasible?
Which will have the most impact in the shortest amount of time?
If they succeed in closing down the plant, how many people will lose their jobs?
These types of questions must be answered for each alternative before a BATNA can be
determined in a complex environmental dispute such as this one.
BATNAs and the Other Side
At the same time you are determining your BATNA, you should also consider the
alternatives available to the other side. Sometimes they may be overly optimistic about
what their options are. The more you can learn about their options, the better prepared
you will be for negotiation. You will be able to develop a more realistic view of what the
outcomes may be and what offers are reasonable.
There are also a few things to keep in mind about revealing your BATNA to your
adversary. Although Fisher and Ury do not advise secrecy in their discussions of BATNAs,
according to McCarthy, "one should not reveal one's BATNA unless it is better than the
other side thinks it is."[5] But since you may not know what the other side thinks, you
could reveal more than you should. If your BATNA turns out to be worse than the
opponent thinks it is, then revealing it will weaken your stance.
BATNAs and the Role of Third Parties
Third parties can help disputants accurately assess their BATNAs through reality testing
and costing. In reality testing, the third party helps clarify and ground each disputing
party's alternatives to agreement. S/he may do this by asking hard questions about the
asserted BATNA: "How could you do that? What would the outcome be? What would the
other side do? How do you know?" Or the third party may simply insert new information
into the discussion...illustrating that one side's assessment of its BATNA is likely
incorrect. Costing is a more general approach to the same process...it is a systematic
effort to determine the costs and benefits of all options. In so doing, parties will come to
understand all their alternatives. If this is done together and the parties agree on the
assessment, this provides a strong basis upon which to come up with a negotiated
solution that is better than both sides' alternatives. But if the sides cannot come to such
an agreement, then negotiations will break down, and both parties will pursue their
BATNA instead of negotiation.
In 1992, Fisher and Ury published a 2 nd Edition of Getting to Yes. The updated edition
was edited by Bruce Patton and incorporates Fisher and Ury's responses to criticisms of
their original 1981 book.
Roger Fisher and William Ury. Getting to Yes: Negotiating Agreement Without Giving In.
(New York: Penguin Books,