Erin has just concluded another case in which she lived up to the slogan posted on billboards all over the city: "The number-one choice for women facing divorce!" She followed textbook negotiation strategies and came fully prepared to the meeting with her client's soon-to-be ex-husband and his lawyer. At the meeting, Erin asked a number of questions, maintained a friendly atmosphere, and presented her client's list of demands. In the end, she got everything she wanted for her client-the house, one of the cars, custody of the children-and did so without acceding to a single one of the opposing side's demands. They finished off with a formalized agreement and then Erin and her client went out to celebrate their victory. However, Erin may have missed one thing, which is that she should have

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There is no indication that Erin failed to adequately prepare, a stage that would have included analyzing the husband's assets and asking the wife if there were a point at which she would rather walk away than give up anything more (BATNA). She set just the right tone at the meeting, neither too friendly nor too aggressive, and finished off well with a formalized agreement. Yet she slipped up at the heart of the encounter: the bargaining stage, which is the one most people imagine when they hear the term "negotiation." In refusing to give in to a single one of the other side's demands, she seems to have forgotten the fact that the goal is for each party to walk away feeling like it has gained something of value. By refusing to allow them even a small victory, she opened the way for long-term resentments and possible future trouble between the former husband and wife.

Erin Has Just Concluded Another Case in Which She Lived