Recent Posts

In Business Negotiations, Restraint Can Be Key—Even in High Fashion

By on / Business Negotiations

When employees leave an unsatisfying job, the feeling of relief they feel sometimes motivates them to explain their decision to whomever will listen. But that tendency can backfire and necessitate tense business negotiations, as a recent story from the world of high fashion illustrates. In November 2012, designer Nicolas Ghesquière startled the fashion world with … Read More 

Negotiation Skills: A Failure to Communicate

By on / Negotiation Skills

Question: I’ve just finished reading the recent book No One Would Listen: A True Financial Thriller (Wiley, 2010) by Harry Markopolos, the whistle-blower in the Bernard Madoff scandal. Why do you think Markopolos was so ineffective at persuading the Securities and Exchange Commission (SEC) that Madoff was a fraud? What does this story tell us … Read More 

Powerful Conflict Resolution Games To Help You Teach Negotiation

By on / Teaching Negotiation

From complicated negotiation strategies to artful subterfuge, conflict resolution games are one of the very best ways to prepare for the challenges of real-world negotiation. Games that employ a Prisoner’s Dilemma structure (where rational parties may not cooperate despite their best interests) enable participants to analyze negotiations, make strategic decisions, and anticipate their counterpart’s next … Read More 

Dispute Resolution: Should You Bring Your Lawyer?

By on / Dispute Resolution

How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research … Read More 

Conflict Management: The Lasting Influence of Emotions

By on / Conflict Management

Psychologists have long known that an emotion triggered in one realm—anger over an argument at home, for example—can affect how we behave in a subsequent situation, including a negotiation. Such incidental, or unrelated, emotions might influence how fully we trust someone or how much we’re willing to pay for a product. Incidental emotions can even … Read More 

Negotiation Skills: Are You Sure You’re Sharing?

By on / Negotiation Skills

If you’ve ever been annoyed by a negotiation counterpart who can’t seem to remember your interests and priorities, it could be that your communication skills, not his poor memory, are to blame. Negotiators typically aren’t as transparent as they think they are. In some cases, we think we’re revealing more information to the other side … Read More 

BATNA: Bringing a Deal Out of the Gutter

By on / BATNA

Question: What should I do when a negotiation seems to be all about price, I have no BATNA, and the other side knows it? Answer: This question references the well-known negotiation term “best alternative to a negotiated agreement,” or BATNA, coined by Roger Fisher and Bill Ury in their seminal book Getting to Yes (Penguin, … Read More 

Negotiation Games for the New Academic Year

By on / Teaching Negotiation

In complex legal negotiations, money, reputations, and sometimes even lives are often at stake. Legal professionals must know how to read and debate the law as well as fully embrace the art and science of negotiation.
To help attorneys and other legal professionals become well versed in law and court-based negotiation, the Program on Negotiation’s … Read More 

Conflict Resolution: When Forgiveness Seems Elusive

By on / Conflict Resolution

In the aftermath of events ranging from the Catholic Church’s child sexual abuse scandal to the 1994 Rwandan genocide, victims have received apologies from those who caused or perpetuated their suffering. Yet those who have been harmed are not always willing or able to forgive. In the context of business negotiations, when a counterpart apologizes … Read More