Adapted from “Want the Best Deal Possible? Cultivate a Cooperative Relationship,” by Catherine H. Tinsley (professor, Georgetown University) and Kathleen O’Connor (professor, Cornell University), first published in the Negotiation newsletter, December 2006.

In multi-issue negotiations, research suggests that the advantage goes to negotiators with a reputation for collaboration rather than competition. In a series of studies … Read More 

Adapted from “Becoming a Team Player: Lessons from Professional Athletics,” first published in the Negotiation newsletter, October 2009.

In Major League Baseball (MLB), one particular player’s agent is widely blamed for the contentious nature of contract negotiations: Scott Boras. Boras has negotiated unprecedented contracts for many of the most highly paid players, including Manny Ramirez, Johnny … Read More 

Adapted from “Contracts 101: What Every Negotiator Should Know about Contract and Agency Law” by Guhan Subramanian (professor, Harvard Business School and Harvard Law School), first published in the Negotiation newsletter, February 2006.

While hammering out an agreement, a mid-level manager offered a customer a significant price discount. When the discount failed to materialize, the customer … Read More 

Adapted from “Fair Enough? An Ethical Fitness Quiz for Negotiators,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter, March 2004.

Imagine that you’ve been negotiating the sale of a property that is owned by your company. The buyer has made an attractive offer that you’ve tentatively accepted. Your boss is pleased … Read More 

Many of us operate under the assumption that any given pie is fixed. More for me means less for you, right? Not necessarily. While you still want to claim your fair share, in many negotiation situations, there exist value-creating opportunities that can be exploited to provide “more pie” to both parties.

This counterintuitive approach is just … Read More 

Adapted from “Comedy of Errors: The Late-Night-TV Wars,” first published in the Negotiation newsletter, April 2010.

In 2004, NBC asked Jay Leno, the longtime host of The Tonight Show, to yield the show in five years to Conan O’Brien, his younger rival and host of NBC’s Late Night.

As the date of O’Brien’s promotion approached, Leno’s Tonight … Read More 

Adapted from “Resolve Hot Topics with Cooler Heads,” first published in the Negotiation newsletter, May 2007.

Negotiating effectively with colleagues can be more challenging than dealing with outsiders. Conventional wisdom advises addressing team conflict by staying focused on tasks and avoiding relationship issues. Yet a study by Harvard Business School professor Amy Edmondson and Diana McLain … Read More 

Adapted from “Managers: Think Twice Before Setting Negotiation Goals,” first published in the Negotiation newsletter, May 2009.

In the years leading up to its collapse, energy-trading company Enron promised its salespeople large bonuses for meeting challenging revenue goals. This focus on revenue rather than profit contributed to widespread fraud and, ultimately, to the firm’s downfall.

To encourage … Read More 

Adapted from “Why Your Negotiating Behavior May Be Ethically Challenged—and How to Fix It,” first published in the Negotiation newsletter, March 2008.

In the late 1990s, pharmaceutical company Schering-Plough filed a patent-infringement lawsuit to prevent rival Upsher-Smith from introducing a generic version of one of Schering-Plough’s products. The two companies reached an out-of-court settlement: Upsher-Smith … Read More 

Adapted from “Before You Sign on the Dotted Line…”first published in the Negotiation newsletter, May 2009.

After reaching an agreement, professionals often rely on their lawyers to draw up the official contract. Unfortunately, miscommunication between negotiators and their lawyers often leads to costly mistakes. Contract terms may not accurately represent the negotiated agreement, key deal terms … Read More