Ask what happens if there is no deal

Surface the other side’s BATNA by asking what they do if this does not work out.

Why it works

Most people enter negotiations without a clear picture of the other side’s best alternative to a negotiated agreement (BATNA). Asking directly — "What happens if we cannot figure this out?" — often reveals it, and knowing it recalibrates both parties’ leverage assessments. The question also introduces scarcity: they are now picturing the no-deal world, which makes agreement more attractive.

How to do it

1. At a natural pause, ask calmly: "What happens on your end if we cannot reach an agreement?"
2. Listen for whether their alternative is actually good (they have leverage) or costly (you have more than you thought).
3. Reflect what you heard, then share your own constraints — the symmetry builds trust.
4. Use what you learn to reframe the agreement as a shared solution to a shared problem.

Evidence

BATNA awareness is a foundational concept in negotiation theory, with substantial academic support for its role in shaping outcomes. Eliciting the counterpart’s BATNA through direct questions is practitioner technique built on that base. (mechanistic)

BATNA theory is well established; the specific calibrated question as a way to surface it is practitioner craft rather than a tested elicitation technique.

Sources

• Fisher, Ury & Patton (1981/2011), Getting to Yes — the canonical BATNA framework

Common mistake

Asking this too early, before trust is established, which reads as a threat ("we might not have a deal") rather than a genuine collaborative exploration.