Definition

Negotiation strategy refers to the principled, evidence-based plan that guides a surveyor's conduct on behalf of a client. The most widely cited framework is principled negotiation by Fisher and Ury (Getting to Yes, 1981), which introduces the Best Alternative To a Negotiated Agreement (BATNA) and distinguishes interest-based from positional bargaining. In surveying practice, strategy also encompasses gathering market evidence and defining opening, target and walk-away positions.

Why this matters for Communication and Negotiation

  • At Level 2, you must describe the strategy adopted on a real instruction, including the objectives established and the evidence relied on.
  • A surveyor without a defined walk-away point risks conceding beyond the client's instructions; knowing the BATNA gives confidence to hold a position under pressure.
  • Rule 3 (Service) requires negotiating on robust evidence rather than guesswork; Rule 1 (Honesty and Integrity) prohibits misleading statements in negotiations.

Key principles

Define the three-position framework

Before any negotiation, establish three positions: the opening position (ambitious but credible, supported by the strongest evidence); the target (the realistic outcome meeting the client's primary objectives); and the walk-away point (the minimum acceptable, below which the BATNA is preferable). Document all three in writing and confirm with the client before any offer is made or accepted.

Establish and use the BATNA

The BATNA is the best outcome the client can achieve if no agreement is reached. In a rent review it may be a referral to arbitration; in a dilapidations claim it may be county court proceedings. The BATNA confirms the walk-away point and gives the negotiator confidence to hold a position. Analysing the counterparty's likely BATNA reveals how motivated they are to settle.

Prepare the evidence base

Positions must be grounded in evidence: comparable transactions, cost data, expert opinion on condition, lease terms and statutory provisions. This enables the surveyor to distinguish genuinely disputed items from those that ought to be agreed, narrowing the negotiation to the real points of difference and satisfying Fisher and Ury's principle of insisting on objective criteria.

Choose between collaborative and competitive strategy

A collaborative (interest-based) strategy is appropriate where a continuing relationship matters or where there is scope for creative deal structure. A competitive (positional) strategy suits a purely distributive negotiation, such as a one-off dilapidations settlement, where the only variable is the final figure. Most negotiations contain elements of both.

Relevant RICS guidance and legislation

  • RICS Rules of Conduct (effective 2 February 2022) — Rule 1 (Honesty and Integrity) prohibits misleading conduct; Rule 3 (Service) requires competent negotiation in the client's best interests.
  • Landlord and Tenant Act 1954 — defines the BATNA in many commercial lease renewal and rent review negotiations.
  • Fisher, R. and Ury, W. Getting to Yes (1981) — the foundational text on principled negotiation and BATNA.

Ethics and Rules of Conduct angle

Rule 1 (Honesty and Integrity) requires surveyors not to make false statements or use tactics designed to intimidate or mislead. Rule 3 (Service) means pursuing the best outcome within client instructions and not conceding beyond the authorised walk-away point without fresh authority. Acting where there is a conflict of interest engages Rule 2 and requires disclosure or withdrawal.

APC-style Q&As

Q (Level 1)What is BATNA and why is it important in a negotiation?

BATNA stands for Best Alternative To a Negotiated Agreement. It is the best outcome the client can achieve if no deal is reached. It establishes the walk-away point: negotiations should not conclude on terms worse than the BATNA. Knowing the BATNA gives confidence to hold a position under pressure, and analysing the counterparty's BATNA reveals how motivated they are to settle.

Q (Level 1)What are the three positions a surveyor should define before entering a negotiation?

Opening position: the ambitious but credible starting point, supported by the strongest evidence. Target: the realistic outcome the client expects. Walk-away point: the minimum acceptable position, below which the client is better served by the BATNA. All three should be confirmed in writing with the client before any offer is made.

Q (Level 2)You are acting for a landlord in a rent review negotiation. The tenant's surveyor opens 20% below your client's target. How do you respond?

(example) I would not counter immediately. I would ask for the evidence supporting the tenant's figure, probe any assumptions I consider weak, then present my client's position with our comparable evidence schedule. I would not anchor to their low figure by conceding significantly in the first exchange; instead I would identify agreed comparables and lease terms to narrow the genuine dispute before making any movement on the headline rent.

Q (Level 2)What is the difference between a collaborative and a competitive negotiation strategy, and when would you use each?

A collaborative (interest-based) strategy focuses on understanding the counterparty's underlying interests and finding solutions that satisfy both parties; it suits ongoing relationships or instructions where deal structure matters. A competitive (positional) strategy treats the negotiation as a zero-sum division of a fixed value and is more appropriate for one-off disputes, such as a terminal dilapidations settlement, where the only variable is the final figure. Most negotiations contain elements of both.

Q (Level 3)Your client has authorised you to settle a dilapidations claim for no more than £85,000. During a without-prejudice meeting the counterparty's surveyor offers £90,000, describes it as final, and asks you to confirm on the spot. What do you do?

I cannot accept: the offer exceeds my authorised limit by £5,000 and I have no authority to bind the client. I would explain that I need further instructions, without disclosing the authorised limit, then contact the client promptly, advise on the risk and cost of the alternative (county court proceedings), and obtain written authority before responding. If the client authorises acceptance, I would confirm in writing in a without-prejudice save as to costs letter. Rule 3 (Service) requires me to obtain instructions rather than make an unauthorised concession under time pressure.