Checklist

. Was your pre-negotiation preparation sufficiently thorough? Did you fully understand your client’s nonsettlement alternatives? Did you carefully estimate your opponent’s nonsettlement options?

2. Was your initial aspiration level high enough? If you obtained everything you sought, was this due to the fact you did not establish sufficiently elevated objectives?

3. Did your pre-bargaining prognostications prove to be accurate? Did your opponent begin near the point you thought he/she would begin? If not, what caused your miscalculations?

4. Did you use the Preliminary Stage to establish rapport with your opponent and to create a positive negotiating environment?

5. Did the Information Stage develop sufficiently to provide needed knowledge?

6. Who made the first offer? The first “real” offer? Was a “principled” initial offer articulated by you?

7. What specific bargaining tactics were employed by your opponent and how were these tactics countered by you?

8. Which party made the first concession and how was it precipitated? Were subsequent concessions made on an alternating basis?

9. Were “principled” concessions articulated by you? By our opponent?

10. Did the parties resort to Cooperative/Integrative Bargaining to maximize their aggregate return?

11. Did either party resort to deceitful tactics or deliberate misrepresentations to enhance its situation?

12. What finally induced you to accept the terms agreed upon or to reject the final offer made by the other party?

13. Did either party appear to obtain more favorable terms than the other side, and if so, how was this result accomplished?

14. If no settlement was achieved, what might you have been done differently with respect to client preparation and/or bargaining developments to produce a different result?