Know your "best alternative to negotiated agreement"

Know Your "best Alternative to Negotiated Agreement"

BATNA stands for «Best Alternative to Negotiated Agreement».

BATNA is not an acronym you see very often but it is probably the single most powerful method of successfully negotiating favourable terms and conditions relating to a sale or agreement.

The concept of BATNA was developed by negotiation researchers Roger Fisher and Bill Ury of the Harvard Program on negotiation. BATNA is the course of action that will be taken by a party if negotiations fail and an agreement cannot be reached.

So if the outcome of your current negotiations with another party is not as good as your BATNA, then there is no point in proceeding further towards an agreement. In essence, BATNA is a very effective way of maximizing your confidence when negotiating because you know your second best option (first is a mutually agreeable negotiation). You don’t have to agree to a bad deal.

BATNA allows you to have the confidence to reject any unsatisfactory agreement. It gives you confidence. In any event, having confidence can be a very important part of negotiations because HOW you negotiate has been proven by research to positively affect the outcome, regardless of the actual substance of the negotiations.

But I can sense you asking ‘Why do we need to go through all this trouble?’

In today’s competitive business climate, good selling involves not just getting a deal — it’s about getting a profitable deal. So in the closing stages of a sale, intelligent negotiations can be a way of achieving a favourable outcome for you without giving in too much to the other party’s requests. It can also assist in getting to a Win / Win outcome for both parties.

I like to use a simple but effective example of how a BATNA can literally be a life saving technique. Imagine if you will, two trapeze artists have an argument. One trapeze artist says he is more important because he has to catch the other one at 100 metres in the air. The other one says that she is more courageous because she is the one risking her life by releasing the trapeze in mid air and flinging herself over to the other artist. All he has to do is catch her. They argue bitterly until the catcher says «Fine. Let’s see who is more important when you jump tomorrow».

«Oh oh» thinks the female trapeze artist, «what if he only pretends to catch me and he deliberately doesn’t?» One hundred metres is a long way to fall. She goes home thinking ‘Do we have a negotiated agreement tomorrow?’

What is her BATNA? Falling to her death is not a good BATNA!

Let’s look at a few obvious BATNA’s the female trapeze artists should have in place before she potentially leaps tomorrow to her death.

1. Install a safety net (I bet she feels better already) 2. Call in sick 3. Wear a parachute (although 100 metres may not be high enough) 4. Grab hold of her colleague instead of letting him catch her

So BATNA has the immediate effect of making her feel a little more confident. Of course, she should talk to her colleague before the act and make peace but at least she can do that without a lot of anxiety. How else can BATNA help?

If you have a particularly strong BATNA, it is probably worth pointing it out to the other side. They may then realize that they stand to lose out if the agreement is not negotiated. This strengthens your side a great deal and you can more forcefully state your case to reach an agreement. You can act as if you can break off negotiations because you are comfortable with your BATNA. This is a powerful concept to use when appropriate.

For example, let’s imagine that you are negotiating an important deal that would constitute 10% of your yearly sales target, something you’d really like to get. At the same time, you know that this customer is very budget conscious and from past experience you know that they will try to squeeze your price as much as possible.

Let’s further assume that your target gross margin in your business is 30% and that for that reason, you need to achieve a unit price of 10,000$. Your proposed unit price was 11,000$.

What would be the lowest price you would accept? 10,000$? 9,500$? 9,000$? Or even less? What would it mean to say no at any of these points? Knowing your BATNA will protect you from accepting an unacceptable deal.

BATNA A: If you know that you have another three hot big projects in the making which could total 25% of your yearly target volume and if you additionally know that these 3 prospects would be less price sensitive, i.e. 30% gross margin wouldn’t be a problem, then you may feel comfortable to say ‘no’ at a price of less than 10,000$.

BATNA B: If you know that it will be very difficult to achieve your yearly sales target without this deal because your pipeline is not very promising and if you additionally know that your company’s overall sales is far behind target, then you may want to have a discussion with your manager first to see what would be the lowest acceptable price. Perhaps you could even try to be creative in thinking how you could create additional value for your customer so that you don’t need to agree to a too low price. Once you have figured all this out, then you also know what would happen if you say ‘no’ if you reach your lowest acceptable price. Then you can make an informed choice.

In summary:

I strongly recommend applying this thinking to a particularly tough negotiation you may be going through now and see what happens. I am confident you will be pleased with the outcome.

Jilin jiangyuan to develop shale tile industry

Jilin Jiangyuan to develop shale tile industry

Jiangyuan County, Jilin Province, give full play to advantages in resources, make full use of local rich shale soil, low-grade bauxite resources to vigorously develop the shale tile as the leading building materials industry. Of shale tile county sales market covers the three northeastern provinces and Inner Mongolia Autonomous Region, shale tile production line to reach 40, an annual output of 400 million watts, known as the hometown of shale tile.

Jiang Yuan County, located in the Changbai Mountain Xilu, is very rich in natural resources. In the pages geotechnical, bauxite resources in the development process, the county, the county government adhere to the collective, the individual with the principles of individual and private funds to invest a billion dollars, all new shale tiles, glazed tiles, split tiles and other building materials from the project, In order to strengthen the scientific management of building materials company has set up a tile factory Hakusan City, shale, shale tile as the leading group. Hakusan City, shale tile group on the production, marketing and development of the major issues for macro decision-making to solve many manufacturers compete for resources and mutual issues such as lower prices, parent company to take the initiative to co-ordination with the railway authorities to address the most critical marketing shale tile link — transportation problems, thereby ensuring the healthy development of the dominant industries. Only shale tile 1, and annual profit and tax of up to 50 million yuan.

The county right-rich shale soil, low-grade bauxite in-depth processing and series development, production of high-tech and high value-added products. Has developed Cai Youzhuan, glazed tiles, wall tiles, bricks and other mid-range point. Hakusan City, a tile factory by investing 30 million yuan, the new production lines on the glazed tile, glazed tile production occupation of Dalian market. In order to foster new economic growth point, the county, the county government open up investment channels, investment 52.48 million yuan, all new development projects in-depth geotechnical page 11, continued construction of the project 5. These 16 projects, when 6.05 million yuan in profits and taxes can be.

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Increased compliance burdens are leading to the establishment of more legal process outsourcing firms

Increased Compliance Burdens Are Leading to the Establishment of More Legal Process Outsourcing Firms

Legal Process Outsourcing (LPO) services are becoming quite popular these days. One reason behind this is the increase in the number of statutory compliances for corporate organizations.

Lack of transparency and regulation has been identified as one of the factors that engendered the recession which in turn shook the roots of the American economy. Authorities have responded to this by making it mandatory for important financial institutions to maintain certain records to increase transparency. It is perceived that these measures will reduce the chances of another recession hitting the market.

Regulatory requirements

Those who have been keeping a tab on developments in this field will know that private equity advisers and hedge funds have to register their firms with the U.S. Securities and Exchange Commission and reveal their books to regulators. Depository institutions will be subject to the bank holding regulations issued by the Federal Reserve Bank. Moreover, the Office of Thrift Supervision (which was the regulator of institutions like IndyMac Bancorp Inc., Washington Mutual Inc., and American International Group Inc.), will be made a part of the Office of the Comptroller of the Currency. Companies that issue mortgages would be required to retain a minimum of 5% of these on their books to discourage improper loans. The new Consumer Financial Protection Agency will have SEC authority and regulatory authority. This agency will ensure that entities which create consumer debt disclose more information.  

Apart from recession related issues, energy and healthcare reforms will also impose more compliance burdens on organizations related to those sectors.

Some people argue that these regulations have been imposed to make sure that no institution becomes too big. However, everyone agrees that such regulations will increase legal spending across all corporate organizations.   

Advantages of appointing LPO service providers

It is natural that firms will try to outsource as much work as possible because they are already cash strapped.  Even the American Bar Association approves legal process outsourcing. The LPO industry is useful for small and medium sized businesses because such organizations find it more difficult to deal with the compliance burden. This is the only way in which they can compete with larger firms within and outside America.

Not only can such firms provide routine, low end legal services, they can also offer services like drafting and reviewing privilege logs, drafting case chronologies, conducting contract analysis, putting together witness binders, drafting head notes & case summaries, and conducting research at the global or multi-state level.

The LPO industry is already quite developed and firms have the advantage of studying partnership models that have worked. Establishing long term relationships with firms that offer legal services from foreign locations is more cost effective because it allows for longer training periods and enables setting up of compliance tracking teams.

Some companies are concerned about the degree of confidentiality and data protection issues in legal process outsourcing firms. However, this should not be a concern because these firms adhere to the standards accepted in USA or UK.

On the whole, LPO seems to be the best option for law firms and corporate bodies because two birds are killed with the same stone: the cumbersome legal requirements are met and expenses are kept low.

How to find the right real estate investment services

How To Find The Right Real Estate Investment Services

If you want to enter the real estate market on a long-term basis, then it is essential that you enlist the services of the right team of people that know their job well. The first step to form a winning team is to search for the right real estate investment services. Here are some helpful tips on how to find the right real estate investment services to establish a concrete foothold in the real estate industry.

If you have friends or relatives that could refer the names of some real estate service providers, then that could be the best way to get in touch with them. In case that is not possible, then you can browse the advertisements that appear in various media, such as real estate magazines, newspapers or even the Internet. Shortlist at least three real estate investment services, in order to compare their rates and services. Do some research, as to how long they have been in the real estate market. Lower fees should not be the only consideration, but instead experience, honesty and efficiency should be given preference. Crosscheck the firm by asking some of their clients about the services rendered by them. This will give you an idea, as to what can be expected, once you sign up with them.

The firm providing you with real estate investment services should not only guide you to locate profit making properties, but instead should be able to offer you a whole range of other services. Your real estate investment should actually become a basket, in which you not only have properties to sell, but also to rent or lease. In addition, you should also have the option to invest in other real estate securities such as REITs, real estate mutual funds or high yield private mortgage notes. Your risk will therefore be reduced, if your basket contains various products with varying profit margins. You can thus cover a loss caused by one product to be negated by a profit in another. The firm should therefore provide you with expert advice on how much to invest in each product. Ask your investment firm to show you examples, where their other clients have made substantial profits, before you put any money on the table.

Thus, you need to do a thorough study of the service providers in the market, before you decide on the right real estate investment service that satisfies all your queries and has a proven track record. Double-check all your facts and figures, before you engage them, since the amount involved in real estate deals is quite high and any mistake could prove to be financially fatal for you.

Written by: SP

Date Written: 07/04/08

Reviewer Assigned by: David

Reviewed by: GD

Quality Control: AG

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Common Error Check: Done

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Quality Control Completed on: 08/07/2008