Module 1 · Chapter 3

BATNA and Walk-Away Point: What a Lawyer May Not Say

Before any offer, know what the client will do if talks fail, and the most it will give. This chapter shows how to set both, and what you must never say.

≈ 7 min read 8-question test

In this chapter

  • What each side can do if the talks fail, and why it matters
  • Why Polgarrow’s board set its limit above the rival garage’s price
  • What you may keep back in talks, and what counts as a lie

3.1Alternatives and limits in one paragraph

Before you make any offer, answer one question: what will the client do if there is no deal? The answer is its best alternative, and it tells you what a deal with the other side is worth. From it, the client sets a limit (walk-away point). That is the most it will pay or give, and the least it will take. Polgarrow’s limit stays secret, but nobody on its side may lie about it.

Key point

Know what the client will do without a deal. Its limit follows from that.

Also in this chapter

  1. Each side’s best alternative
  2. The extension: a safety net, not a plan
  3. The limit: the most Polgarrow will give
  4. What you may keep back, and what you may never say
  5. Your job

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