Glossary

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3d Negotiation

An approach created by James Sebenius and David Lax to describe a model that focuses on three aspects of negotiation: tactics, deal design, and setup. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006]). See Also: Hong Kong Lawyer Benny Tai Inspired by PON Founders, Negotiating in 3 Dimensions.

3d Negotiations

An approach created by James Sebenius and David Lax to describe a model that focuses on three aspects of negotiation: tactics, deal design, and setup. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006]). See Also: Hong Kong Lawyer Benny Tai Inspired by PON Founders.

A

Accommodating

An approach to negotiation that emphasizes empathy over assertiveness. Accommodating negotiators prize good relationships, and display concern, compassion, and understanding in a negotiation. They may negotiate in order to resolve differences quickly, and typically listen well but may be too quick to give up on their own interests when they sense that relationship is threatened. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 52). Ted Kennedy and the Art of Collaboration, Win-Win Negotiations: Is Your Bargaining Style Holding You Back?

Active Listening

A set of skills and an attitude. By asking open-ended questions, seeking clarification, driving for specificity, and then demonstrating a grasp of what the other party has said, you both learn and project empathy with your counterparts' point of view. Typical active-listening questions include, "If I understand you correctly, you need... Why is that important to you?" and "What specific concerns do you have about our proposal?" (Roger Fisher and William Ury, Getting to Yes [Penguin Books, 1991], 34). See Also: Crisis Negotiations and Negotiation Skills Insights from the New York City Police Department Hostage Negotiations Team, Negotiation Skills: Threat Response at the Bargaining Table .

Adam D. Galinsky

dam Galinsky is currently the Morris and Alice Kaplan Professor of Ethics and Decision in Management at the Kellogg School of Management at Northwestern University. He received his Ph.D. from Princeton University in Social Psychology and his B.A from Harvard University.

Professor Galinsky has published more than 100 scientific articles, chapters, and teaching cases in the fields of management and social psychology. His research and teaching focus on leadership, negotiations, decision-making, diversity, and ethics. Across these areas, Professor Galinsky explores how individuals make sense of and participate in their social worlds and the consequences of this participation for firm, team, and individual performance, especially in cases of leading change.

Adam Galinsky

dam Galinsky is currently the Morris and Alice Kaplan Professor of Ethics and Decision in Management at the Kellogg School of Management at Northwestern University. He received his Ph.D. from Princeton University in Social Psychology and his B.A from Harvard University.

Professor Galinsky has published more than 100 scientific articles, chapters, and teaching cases in the fields of management and social psychology. His research and teaching focus on leadership, negotiations, decision-making, diversity, and ethics. Across these areas, Professor Galinsky explores how individuals make sense of and participate in their social worlds and the consequences of this participation for firm, team, and individual performance, especially in cases of leading change.

Adjudicative Proceeding

A method of dispute resolution that decides the legal rights of specific persons in order to settle or determine a dispute. Unlike mediation, adjudicative proceedings (i.e., litigation, arbitration, or mediation-arbitration) relinquish control of the legal process to a third party neutral who then determines the rights and obligations of the parties involved.

Adoption Ban

On December 28, Russian President Vladimir Putin signed into law a ban on adoptions of Russian children by American citizens. The ban was part of a broader law tailored to retaliate against the United States for passing a recent law intended to punish Russian human rights violators. See Also: Russia’s Adoption Ban Triggers a Diplomatic Crisis.

ADR

Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.

Adr Alternative Dispute Resolution

See Also: ADR.

Adr Techniques

See Also: ADR.

Adversarial

See Also: Adversarial Approach.

Adversarial Approach

An approach to conflict that sees negotiation as combat; the tougher and more aggressive negotiator wins, and the more conciliatory one loses. The adversarial approach lends itself to competition between negotiators. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 169). See Also: Negotiation Role Play: Meridia and Petrocentram, Negotiation Role Play: Book Contract.

Adversarial Negotiation

An approach to negotiation that sees it as combat; the tougher and more aggressive negotiator wins, and the more conciliatory one loses. The adversarial approach lends itself to competition between negotiators. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 169).

Advocacy

The process of taking and working for a particular side's interests in a conflict. Lawyers engage in advocacy when they represent a client in a legal proceeding. Disputants can also engage in advocacy themselves--arguing for their own position in negotiation, mediation, or a political debate. Any attempt to persuade another side to agree to your demands is advocacy.

Agency

A consensual relationship created by contract or by law where one party, the principal, grants authority for another party, the agent, to act on behalf of and under the control of the principal to deal with a third party. An agency relationship is fiduciary in nature, and the actions and words of an agent exchanged with a third party bind the principal.

Agenda Setting

Agenda setting in negotiations involves determining the substance and forum of negotiation issues to be discussed. Agenda setting can take place before or in the middle of negotiations and is used to direct the course of the negotiations to an integrative solution.

Agent

A person who acts on a principal's behalf in a negotiation. Agents - such as lawyers, sports agents, or diplomats - may have special training or be able to assert the principal's interests more effectively than the principal. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 189). Also see "principal-agent theory."

Agent Theory

The principal–agent problem is when one actor or entity (the "agent") is able to make decisions that impact, or on behalf of, another person or entity: the "principal". The dilemma exists because sometimes the agent is motivated to act in his own best interests rather than those of the principal. The agent-principal relationships is a useful analytic tool in negotiation.

Agents In Negotiation

An agent is an actor who is able to make decisions on behalf of another; the agent's decisions impact her agent and can be impacted by personal bias and goals. Analysis of principal-agent relationships is a useful analytical tool for negotiation.

Agreement

A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchange "consideration" to create "mutuality of obligation."

Agreements

A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchange "consideration" to create "mutuality of obligation."

Alliance

An alliance is a pact, coalition or friendship between two or more parties, made in order to advance common goals and to secure common interests. It is a Political agreement between countries to support each other in disputes with other countries.

Alliance For Peacebuilding

The Alliance for Peacebuilding (AfP) is the institutional home for the leading peacebuilding institutions and professionals in the United States and around the world. As a connector of key people and institutions, AfP is a platform for creativity and collaboration. Members of AfP are directly engaged in applied conflict prevention and resolution. The role of AfP is to bring these organizations together for collaborative peacebuilding.

Alliances

An alliance is a pact, coalition or friendship between two or more parties, made in order to advance common goals and to secure common interests. It is a Political agreement between countries to support each other in disputes with other countries.

Alternate Dispute Resolution

Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia[1]) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.

Alternate Dispute Resolution Process

Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia[1]) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.

Alternative Dispute Resolution

Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia[1]) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.

Alternative Dispute Resolution Advantages

The advantages to alternative dispute resolution include lower legal fees, higher likelihood of an equitable solution, and the potential creation for value or relationship building.

Alternative Dispute Resolution Arbitration

The use of an arbitrator, as opposed to a mediator, to resolve a dispute.

Alternative Dispute Resolution Examples

Examples of alternative dispute resolution include mediation and arbitration, both of which avoid the courtroom while attempting to resolve disputes between two parties.

Alternative Dispute Resolution Training

Training in alternative dispute resolution includes becoming a mediator or an arbitrator. Courses in mediation and arbitration are specialized and focus on different issues than courses in litigation.

Alternatives

The range of possible things you can do away from the table without the other negotiator's agreement. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 19)

American Bar Association Section Of Dispute Resolution

With nearly 19,000 members, the Section is the world’s largest association of dispute resolution professionals. Fresh from a year of many outstanding achievements the Section is poised for important work on issues critical to Section members and to the future of ADR. ADR professionals at every level of their career can benefit from what the Section has to offer. From training programs that are practical and on the cutting-edge of developing issues, to resources and publications geared to build practice skills to committees opportunities that can help expand your practice and build your professional network, everything the Section offers is designed to help members succeed.

Anchor

Anchoring is a cognitive bias that describes the common human tendency to rely too heavily on the first piece of information offered (the "anchor") when making decisions. During decision making, anchoring occurs when individuals use an initial piece of information to make subsequent judgments. Once an anchor is set, other judgments are made by adjusting away from that anchor, and there is a bias toward interpreting other information around the anchor. For example, the initial price offered for a used car sets the standard for the rest of the negotiations, so that prices lower than the initial price seem more reasonable even if they are still higher than what the car is really worth.

Anchoring

An attempt to establish an initial position around which negotiators will make adjustments. (Richard Luecke, Harvard Business Essentials: Negotiation [Harvard Business Press, 2003], 49)

Anchoring Effect

Anchoring is a cognitive bias that describes the common human tendency to rely too heavily on the first piece of information offered (the "anchor") when making decisions. During decision making, anchoring occurs when individuals use an initial piece of information to make subsequent judgments. Once an anchor is set, other judgments are made by adjusting away from that anchor, and there is a bias toward interpreting other information around the anchor. For example, the initial price offered for a used car sets the standard for the rest of the negotiations, so that prices lower than the initial price seem more reasonable even if they are still higher than what the car is really worth.

Anchoring In Negotiation

Anchoring in a negotiation involves "naming your price" or fixing your negotiating position through declaration of goals that may or may not be readily apparent to your counterpart. Anchoring has the effect of shifting the negotiation away from a collaborative process to one of haggling.

Anchoring Negotiation

An anchor in negotiation involves "naming your price" or fixing your negotiating position through declaration of goals that may or may not be readily apparent to your counterpart. Anchoring has the effect of shifting the negotiation away from a collaborative process to one of haggling.

Anchors

Anchoring or focalism is a cognitive bias that describes the common human tendency to rely too heavily on the first piece of information offered (the "anchor") when making decisions. During decision making, anchoring occurs when individuals use an initial piece of information to make subsequent judgments. Once an anchor is set, other judgments are made by adjusting away from that anchor, and there is a bias toward interpreting other information around the anchor. For example, the initial price offered for a used car sets the standard for the rest of the negotiations, so that prices lower than the initial price seem more reasonable even if they are still higher than what the car is really worth.

Antitrust

Opposing or intended to regulate business monopolies, such as trusts or cartels, especially in the interest of promoting competition.

Anxiety

A state of uneasiness and apprehension, as about future uncertainties.

Apartheid

A former policy of segregation and political and economic discrimination against non-European groups in the Republic of South Africa.

Apologies

An acknowledgment expressing regret or asking pardon for a fault or offense.

Apology

An acknowledgment expressing regret or asking pardon for a fault or offense.

Apple

Apple Inc., formerly Apple Computer, Inc., is an multinational corporation headquartered in Cupertino, California[2] that designs, develops, and sells consumer electronics, computer software and personal computers. Its best-known hardware products are the Mac line of computers, the iPod music player, the iPhone smartphone, and the iPad tablet computer.

Approaches To Negotiation

Include integrative approaches to negotiation, which seek to create value between the parties, or distributive negotiation styles, which seek to claim as much value at the expense of your counterpart.

Arbitration

An adjudicative process by which a private third-party neutral renders a binding determination of an issue in dispute. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 318-19). See Also: Dealmaking: Don’t Wait for Them to Blink, Dispute Resolution: Mandatory Arbitration Under Fire, Capture the Best of Mediation and Arbitration with Med-Arb.

Arbitration Agreement

An arbitration clause is a commonly used clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside of the courts, and is therefore considered a kind of forum selection clause.

Arbitration And Mediation

Arbitration and mediation are the two most commonly used alternative dispute resolution processes and both involve skills that are separate from those employed by a litigator. Arbitrators seek to make an equitable and fair determination after a hearing of both sides' arguments whereas a mediator seeks to guide negotiations toward a collaborative conclusion.

Arbitration Cases

Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. It is a resolution technique in which a third party reviews the evidence in the case and imposes a decision that is legally binding for both sides and enforceable.

Arbitrator

An impartial third party with the coercive power to impose terms on the disputants. An arbitrator is not biased in favor of either party and subordinates personal preferences to some set of rules or values. Nor does a pure arbitrator have a sufficient stake in the outcome to bargain with the disputants. (Michael Watkins and Susan Rosegrant, Breakthrough International Negotiations [Jossey-Bass, 2001], 94)

Arbitrators

Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. It is a resolution technique in which a third party reviews the evidence in the case and imposes a decision that is legally binding for both sides and enforceable.

Art Of Negotiation

The art of negotiation involves the collected efforts of master negotiators, researchers, and academics to perfect the process by which people vie for their interests with one another. Whether through collaborative, integrative negotiation styles or distributive, "haggling" negotiation styles, the art of negotiation is concerned with a thorough understanding of the dynamics at and behind the bargaining table.

Aspiration Value

Outcome to which you aspire that would serve your interests much better than your best alternative. Your aspiration value should aim high (much research has shown that negotiators with high aspirations on average do better), but also be supportable by arguments about why this value is reasonable. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 34). See Also: Negotiation Role Play: Super Slipster.

Assertiveness

Advocacy of one's own needs, interests, and perspective. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004]). See Also: The Moral Quandry: Negotiation Exercises Featuring Ethical Dilemmas, How Power Affects Negotiators, Improving Negotiation Skills Training.

Asset Valuation

A method of assessing the worth of a company, real property, security, antique or other item of worth. Asset valuation is commonly performed prior to the sale of an asset or prior to purchasing insurance for an asset.

Assumptions

The act of taking to or upon oneself.

Auctions

A public sale in which goods or property are sold to the highest bidder.

Averaging

An inter-personal bargaining tendency for resolving a group-action problem in distributive negotiation whereby the final agreement is roughly the average amount of the initial offer and any subsequent counteroffers. (Howard Raiffa, The Art and Science of Negotiation [Harvard University Press, 1982], 300-01)

Avoiding

An approach to negotiation that emphasizes neither assertiveness nor empathy. Avoiders shy away from conflict, and disengage in the face of explicit disagreement. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 52-53). See Also: Conflict Resolution and Opportunities for Mutual Gains in Negotiation: Key Concepts from Getting to Yes.

B

Backlash

A sudden violent backward movement or reaction.

Backroom Deals

Deals and negotiations marked by the exercise of inconspicuous control and maneuvering. Backroom deals are often accomplished out of sight of the public or other negotiating partners.

Backstage Negotiators

Backstage negotiators and backroom deal negotiations marked by the exercise of inconspicuous control and maneuvering. Backroom deals are often accomplished out of sight of the public or other negotiating partners.

Balancing Multiple Goals

The ability to simultaneously achieve multiple aims during a negotiation often requires a thorough understanding of one's own positions and interests as well as those of one's counterparts.

Balkans

The Balkans is an area of southeastern Europe situated at a major crossroads between mainland Europe and the Near East. The distinct identity and fragmentation of the Balkans owes much to its common and often violent history and to its very mountainous geography.

Bargaining

Bargaining or haggling is a type of negotiation in which the buyer and seller of a good or service dispute the price which will be paid and the exact nature of the transaction that will take place, and eventually come to an agreement. Bargaining is an alternative pricing strategy to fixed prices. Optimally, if it costs the retailer nothing to engage and allow bargaining, he can divine the buyer's willingness to spend. It allows for capturing more consumer surplus as it allows price discrimination, a process whereby a seller can charge a higher price to one buyer who is more eager (by being richer or more desperate). Haggling has largely disappeared in parts of the world where the cost to haggle exceeds the gain to retailers for most common retail items. However, for expensive goods sold to uninformed buyers such as automobiles, bargaining can remain commonplace.

Bargaining And Negotiation

Bargaining or haggling is a type of negotiation in which the buyer and seller of a good or service dispute the price which will be paid and the exact nature of the transaction that will take place, and eventually come to an agreement. Bargaining is an alternative pricing strategy to fixed prices. Optimally, if it costs the retailer nothing to engage and allow bargaining, he can divine the buyer's willingness to spend. It allows for capturing more consumer surplus as it allows price discrimination, a process whereby a seller can charge a higher price to one buyer who is more eager (by being richer or more desperate). Haggling has largely disappeared in parts of the world where the cost to haggle exceeds the gain to retailers for most common retail items. However, for expensive goods sold to uninformed buyers such as automobiles, bargaining can remain commonplace.

Bargaining Skills

Bargaining or haggling is a type of negotiation in which the buyer and seller of a good or service dispute the price which will be paid and the exact nature of the transaction that will take place, and eventually come to an agreement. Bargaining is an alternative pricing strategy to fixed prices. Optimally, if it costs the retailer nothing to engage and allow bargaining, he can divine the buyer's willingness to spend. It allows for capturing more consumer surplus as it allows price discrimination, a process whereby a seller can charge a higher price to one buyer who is more eager (by being richer or more desperate). Haggling has largely disappeared in parts of the world where the cost to haggle exceeds the gain to retailers for most common retail items. However, for expensive goods sold to uninformed buyers such as automobiles, bargaining can remain commonplace.

Bargaining Table

Bargaining or haggling is a type of negotiation in which the buyer and seller of a good or service dispute the price which will be paid and the exact nature of the transaction that will take place, and eventually come to an agreement. Bargaining is an alternative pricing strategy to fixed prices. Optimally, if it costs the retailer nothing to engage and allow bargaining, he can divine the buyer's willingness to spend. It allows for capturing more consumer surplus as it allows price discrimination, a process whereby a seller can charge a higher price to one buyer who is more eager (by being richer or more desperate). Haggling has largely disappeared in parts of the world where the cost to haggle exceeds the gain to retailers for most common retail items. However, for expensive goods sold to uninformed buyers such as automobiles, bargaining can remain commonplace.

Bargaining Tips

Tips for better, more effective bargaining.

Bargaining With The Devil

Program on Negotiation Chair Robert Mnookin's book "Bargaining with the Devil" uses eight conflicts drawn from history and his own professional experience to offer a framework that applies equally to international conflicts and everyday life. “There is no easy, categorical answer,” Mnookin warns. ”Sometimes you should bargain with the Devil and other times you should refuse. How in particular circumstances should you decide? The challenge is making wise decisions. This book shows you how.

Basic Hostage Negotiation

The basic elements necessary for a successful hostage negotiation scenario.

Basic Mediation Training

Courses dealing with the fundamentals of mediation in ADR.

BATNA

Best Alternative to a Negotiated Agreement. The true measure by which you should judge any proposed agreement. It is the only standard which can protect you both from accepting terms that are too unfavorable and from rejecting terms it would be in your interest to accept. (Roger Fisher and William Ury, Getting to Yes [Penguin Books, 1991], 100-01). See Also: Free Report: BATNA Basics, Negotiating for Continuous Improvement: Monitor and Assess Your Negotiation Skills, Dealmaking: Relationship Rules and Business Negotiations.

Benefits Of Mediation

No one likes to go to court. Not only is it expensive and time-consuming, it often leads to frustrating results and damaged relationships. So is court-sponsored mediation a better route?

The answer is "sometimes," according to a comprehensive study of court-affiliated mediation programs by Roselle L. Wissler of Arizona State University's College of Law in Tempe. Settlement rates in these programs varied widely, ranging from 27% to 63%. In some programs, the percentage of settlements was higher than in nonmediated cases; in other programs, there was no difference. Several other studies have indicated higher compliance with mediated agreements than with court orders (though they found no significant difference between mediated agreements and privately negotiated settlements). - From, Does Lawsuit Mediation Really Work?

Best Alternative To A Negotiated Agreement

Or BATNA, describes a negotiator's best possible outcome if the current negotiations fail.

Betrayal Aversion

Betrayal aversion is the phenomenon by which negotiators are less willing to take risks if the element of uncertainty in the negotiations is another person or group of people that the negotiator fears will not cooperate.

Beyond Reason

In Getting to Yes, renowned educator and negotiator Roger Fisher presented a universally applicable method for effectively negotiating personal and professional disputes. Building on his work as director of the Harvard Negotiation Project, Fisher now teams with Harvard psychologist Daniel Shapiro, an expert on the emotional dimension of negotiation. In Beyond Reason, they show readers how to use emotions to turn a disagreement-big or small, professional or personal-into an opportunity for mutual gain.

Bias

Bias is an inclination of temperaments or outlook to present or hold a partial perspective at the expense of (possibly equally valid) alternatives in reference to objects, people, or groups. Anything biased generally is one-sided and therefore lacks a neutral point of view. Bias can come in many forms and is often considered to be synonymous with prejudice or bigotry.

Biases

Bias is an inclination of temperaments or outlook to present or hold a partial perspective at the expense of (possibly equally valid) alternatives in reference to objects, people, or groups. Anything biased generally is one-sided and therefore lacks a neutral point of view. Bias can come in many forms and is often considered to be synonymous with prejudice or bigotry.

Bid

Bidding is an offer (often competitive) of setting a price one is willing to pay for something. A price offer is called a bid. The term may be used in context of auctions, stock exchange, card games, or real estate.Bidding is used by various economic niche for determining the demand and hence the value of the article or property, in today's world of advance technology, Internet is one of the most favourite platforms for providing bidding facilities, it is the most natural way of determining the price of a commodity in a free market economy.

Bidding War

Bidding is an offer (often competitive) of setting a price one is willing to pay for something. A price offer is called a bid. The term may be used in context of auctions, stock exchange, card games, or real estate.Bidding is used by various economic niche for determining the demand and hence the value of the article or property, in today's world of advance technology, Internet is one of the most favourite platforms for providing bidding facilities, it is the most natural way of determining the price of a commodity in a free market economy. A bidding war is when multiple purchasers vie for the same property.

Bipartisan Agreement

Bipartisanship is a political situation, usually in the context of a two-party system, in which opposing political parties find common ground through compromise, in theory. Realistically, each party advances their own political agenda at the expense of the other party because of the conflicting ideologies.

Blind Spots

Factors or vulnerabilities that one has not considered prior to a negotiation and which could impact the course of the negotiation.

Bluffing

Try to deceive someone as to one's abilities or intentions: "he's been bluffing all along"; "“I am an accredited envoy,” he bluffed".

Body Language

Body language is a form of mental and physical ability of human non-verbal communication, consisting of body posture, gestures, facial expressions, and eye movements. Humans send and interpret such signals almost entirely subconsciously.

Borders

Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. Some borders—such as a state's internal administrative borders, or inter-state borders within the Schengen Area—are open and completely unguarded. Other borders are partially or fully controlled, and may be crossed legally only at designated border checkpoints and border zones may be controlled. Some, mostly contentious, borders may even foster the setting up of buffer zones

Brag

To boast about one's self, possessions, position, life accomplishments etc. excessively.

Brainstorming

A free-flowing session in which ideas for solutions are generated by both parties. Ideas should not be evaluated during the brainstorming session, and parties should not take ownership of ideas. The goal of a brainstorming session is to liberate those at the table to suggest ideas. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 37-38)

Breach Of Contract

Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract.

Breakdowns

The act or process of failing to function or continue.

Brokered Ultimatum

Researchers Aleksander Ellis, Stephen Humphrey, and Donald Conlon of Michigan State University and Catherine Tinsley of Georgetown University have studied this new transactional form, which they call brokered ultimatum games, or BUGs. They define a BUG as any transaction involving an intermediary in which one side offers an ultimatum price that the other side either accepts or rejects.

Budget Negotiations

Negotiations over the fiscal budget of a government or a corporate entity.

Build Relationships

The key to integrative bargaining is to build relationships with your counterpart. Relationship building is the hallmark of the adept negotiator.

Building Consensus

The PON Clearinghouse offers over 100 acclaimed books on negotiation and conflict management. The Consensus Building Handbook, by Lawrence Susskind, Sarah McKearnan, Jennifer Thomas-Larmer was the winner of the 1999 CPR Award for Excellence in ADR (Outstanding Book Category).

Building Peace

Ponders the possibility of a major "paradigm shift" under way from adversarialism and war to mutuality and peace. Examines war culture and peace culture and points in between, with emphases on the role of imagination in social change, growing global interdependence, and political, economic, gender, social class, and social psychological aspects of war and peace.

Building Trust

From Trust in Negotiations: Trust may develop naturally over time, but negotiators rarely have the luxury of letting nature take its course. Thus it sometimes seems easiest to play it safe with cautious deals involving few tradeoffs, few concessions, and little information sharing between parties. But avoiding risk can mean missing out on significant opportunities. For this reason, fostering trust on the fly is a critical skill for managers. As Kristen knew, the first step to inspiring trust is to demonstrate trustworthiness. All negotiators can apply the six strategies that follow to influence others' perceptions of their trustworthiness at the bargaining table.

Built To Win

From "Built to Win" by Professor Lawrence Susskind: Companies that consistently negotiate more valuable agreements in ways that protect key relationships enjoy an important but often overlooked competitive advantage. Until now, most companies have sought to improve their negotiation outcomes by sending individuals to training workshops. But this new groundbreaking book, using real-world examples from leading companies, shows a more powerful and less expensive way to achieve this. In "Built to Win", authors Susskind and Movius argue that negotiation must be a strategic core competency. Drawing on their decades of training and consulting work, as well as a robust theory of negotiation, the authors provide a step-by-step model for building organizational competence. They show why the approach of training and more training is a weak strategy. The authors also describe the organizational barriers that so often plague even experienced negotiators, and recommend ways of overcoming them. "Built to Win" explains the crucial role that leaders must play in setting goals, aligning incentives, pinpointing metrics, and supporting learning platforms to promote long-term success. A final chapter provides practical how-to tools to help you start your own organizational improvement process. This book will be invaluable to CEOs, senior-level managers, HR business leaders, human resource professionals, sales and purchasing managers, and others who negotiate regularly.

Business Acquisitions

Acquisitions made by one corporate entity of another corporate entity for the purposes of combining corporate functionalities, consolidating market share, or for a product or service unique to the purchased firm.

Business Debt Negotiation

When corporations seek to restructure their finances, they often employ debt renegotiation strategies in order to lower the cost of money borrowed to finance business operations. These negotiations involve everything from debt reduction to interest rate reduction to possible settlements/write offs of bad debts.

Business Mediations

Mediations that take place in the corporate world are similar to those that take place between individuals and groups yet employ more complex strategies and often larger teams of specialists.

Business Negotiation

Negotiations in business can be for a range of items, including but not limited to: employee compensation, business acquisitions, vendor pricing and sales, real estate leases, and the fulfillment of contract obligations.

Business Negotiation Advice

Negotiation advice geared towards helping businesses negotiate more successfully with their counterparts and employees.

Business Negotiation Agreements

Agreements arrived at during the course of negotiations between business entities or business and labor.

Business Negotiations

Negotiations between corporate entities, their vendors, or their employees.

Business Negotiators

Negotiators who specialize in the dynamics underlying corporate negotiations.

Business Relationships

Relationships between two or more corporate entities.

C

Capacity For Forgiveness

The ability for one person to forgive another for perceived wrongdoing.

Car Lease Negotiations

Negotiations involving the lease of an automobile.

Car Negotiations

Negotiations for the purchase or lease of an automobile.

Car Purchase

Negotiations for the purchase of an automobile.

Case Studies On Conflict Management

Case studies on conflict management and conflict resolution techniques.

Ceasefire

An agreement between two or more nations to immediately cease hostilities in order to allow for negotiations to occur.

Child Custody Mediation

Mediation between two parents or guardians over the custody of a child.

Choice Bracketing

Choice bracketing is the common tendency to automatically group a large number of choices into sets.

Cinical Programs

Clinical programs offered to law students at Harvard Law School and elsewhere.

Circle Of Value

An approach used to find creative ways to satisfy as many shared and differing interests as possible. The approach is characterized by exploring options without commitments (or threats), using interests and standards of legitimacy to explore ways to create and distribute value, and the parties' avoiding becoming a voice of authority. Also see "Problem-solving approach." (Bruce Patton, Building Relationships and the Bottom Line: The Circle of Value Approach to Negotiation [Harvard University Press, 2004], 4-5)

Claiming Value

Staking out one's interests and needs in a negotiation.

Co-opetition

The idea that two supposedly competitive agents can cooperate to further their goals. A portmanteau of cooperation and competition.

Coalition

Structures that become possible when three or more parties negotiate, and parties ally together to exploit or buy off each other. Coalition dynamics can arise across the table (between parties in a dispute) or behind the table (among individuals on one side or the other). (David A. Lax, James K. Sebenius).

Coalition Building

The process of constructing negotiating alliances.

Coalitions In Negotiation

Coalitions in negotiations form for various reasons: shared history, shared interests, or shared antagonist. Coalitions in a negotiation often result from power imbalances between parties.

Collaboration

Collaboration is working with each other to do a task.

Collaboration Conflict Management

Collaboration is working with each other to do a task, such as managing a conflict between two or more parties.

Collaborative

Collaboration is working with each other to do a task.

Collaborative Negotiations

Collaboration is working with each other to do a task and collaborative negotiations seek to establish a process for performing this.

Collective Bargaining

The process of many discreet individuals coming together to pursue an interests-based goal as a class or group of people rather than as individuals. This is effective in increasing the individual's bargaining power and is typically employed where there are power imbalances.

Collective Bargaining Negotiations

The process of many discreet individuals coming together to pursue an interests-based goal as a class or group of people rather than as individuals. This is effective in increasing the individual's bargaining power and is typically employed where there are power imbalances.

Colombia

A nation in South America noted for its vast oil wealth.

Combative

Ready or eager to fight; pugnacious.

Combativeness

The quality of being ready or eager to fight; pugnacious.

Commitment

An agreement, demand, offer, or promise by one or more parties, and any formalization of that agreement. Commitment is commonly signaled by words such as, "I will offer," "I demand," "We agree," or "I promise not to." Commitments can occur at any point in a negotiation and encompass anything from a minor procedural point (for example, a shared understanding of an agenda) to final and complete agreement, and anything in between (agreement to meet again; agreement on some terms, but not all). (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 284)

Common Value

An item which has equal value to all parties.

Communication

The process by which parties discuss and deal with the elements of a negotiation. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 284)

Community Mediation

Mediation between different community groups involving problems or issues of local concern.

Compensation

The act of compensating or the state of being compensated.

Compensation Negotiation

The act of compensating or the state of being compensated and the negotiations undertaken to achieve such a goal.

Competition

An approach to negotiation that emphasizes assertiveness over empathy. Competitive negotiators have winning as a goal, and enjoy feeling purposeful and in control. They also may seek to control the agenda and frame the issues in a negotiation, perhaps resorting to intimidation or bullying to get the biggest slice of the pie. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 51)

Complex Multiparty Negotiations

Negotiations involving multiple groups with multiple, sometimes disparate, interests that need to resolved.

Concession

Something, such as a point previously claimed in argument, that is later conceded.

Concessions

The things one side gives up in order to deescalate or resolve a conflict. They may simply be points in an argument, a reduction in demands, or a softening of one side's position. (from http://www.colorado.edu/conflict/peace/glossary.htm

Conciliation

Efforts by a third party to improve the relationship between two or more disputants. It may be done as a part of mediation, or independently. Generally, the third party will work with the disputants to correct misunderstandings, reduce fear and distrust, and generally improve communication between the parties in conflict. Sometimes this alone will result in dispute settlement; at other times, it paves the way for a later mediation process. (from http://www.colorado.edu/conflict/peace/glossary.htm)

Conciliatory Approach

An approach in negotiation that seeks to overcome the distrust or animosity of one's counterpart.

Conditions

Like a contingency, a condition to a deal is a related though far less common deal-structuring technique. A condition is an 'if' statement like a contingency, but, whereas a contingency depends on unknown future events, a condition is entirely within the control of the parties involved.

Conflict

Conflict refers to some form of friction, disagreement, or discord arising within a group when the beliefs or actions of one of more members of the group are either resisted by or unacceptable to one or more members of another group. Conflict can arise between members of the same group, known as intragroup conflict, or it can occur between members of two or more groups, and involve violence, interpersonal discord, and psychological tension, known as intergroup conflict. Conflict in groups often follows a specific course. Routine group interaction is first disrupted by an initial conflict , often caused by differences of opinion, disagreements between members, or scarcity of resources. At this point, the group is no longer united, and may split into coalitions. This period of conflict escalation in some cases gives way to a conflict resolution stage, after which the group can eventually return to routine group interaction once again.

Conflict And Negotiation

Often when disagreement or conflicts arise between two or more parties, these parties may use negotiation and other ADR techniques to come to an satisfying resolution to the conflict.

Conflict Management

The long-term management of intractable conflicts and the people involved in them so that they do not escalate out of control and become violent. (from http://www.colorado.edu/conflict/peace/glossary.htm)

Conflict Management Approaches

The long-term management of intractable conflicts and the people involved in them so that they do not escalate out of control and become violent.

Conflict Management In Health Care

The long-term management of intractable conflicts and the people involved in them so that they do not escalate out of control and become violent.

Conflict Management Practices

The long-term management of intractable conflicts and the people involved in them so that they do not escalate out of control and become violent.

Conflict Management Process

The process involved in the long-term management of intractable conflicts and the people involved in them so that they do not escalate out of control and become violent.

Conflict Management Skills

The long-term management of intractable conflicts and the people involved in them so that they do not escalate out of control and become violent.

Conflict Management Strategies

Strategies employed in the long-term management of intractable conflicts and the people involved in them so that they do not escalate out of control and become violent.

Conflict Management Style

The methodology employed in conflict management and resolution.

Conflict Management Styles

The methodology employed in conflict management and resolution.

Conflict Management Techniques

The methodology employed in conflict management and resolution.

Conflict Management Theory

The methodology employed in conflict management and resolution.

Conflict Management Training

Training for understanding and developing skills necessary for the process of resolving a dispute or a conflict permanently, by providing each sides' needs, and adequately addressing their interests so that they are satisfied with the outcome.

Conflict Mediation

Mediation process for the resolving a dispute or a conflict permanently, by providing each sides' needs, and adequately addressing their interests so that they are satisfied with the outcome.

Conflict Negotiation

Negotiations for for the process of resolving a dispute or a conflict permanently, by providing each sides' needs, and adequately addressing their interests so that they are satisfied with the outcome.

Conflict Of Interest

When the interests of an individual or party interferes with the successful performance of an unrelated, though markedly similar, task.

Conflict Prevention

The process of preventing conflict before it emerges.

Conflict Prevention And Resolution

Conflict prevention and resolution is one of the core missions of the Program on Negotiation. Not only can conflicts be prevented with a thorough understanding of the issues that underlie conflict, but also future conflicts can be avoided using this method.

Conflict Resolution

The process of resolving a dispute or a conflict permanently, by providing each sides' needs, and adequately addressing their interests so that they are satisfied with the outcome. (from http://www.colorado.edu/conflict/peace/glossary.htm

Conflict Resolution And Negotiation

The process of resolving a dispute or a conflict permanently, by providing each sides' needs, and adequately addressing their interests so that they are satisfied with the outcome.

Conflict Resolution Books

Books about the prevention of conflict and the resolution thereof.

Conflict Resolution In The Classroom

The resolution of conflicts in an academic setting.

Conflict Resolution Methods

Include mediation, arbitration, and negotiation.

Conflict Resolution Process

The process by which conflict is resolved.

Conflict Resolution Skills

Skills necessary for bringing conflict to an end and arriving at a resolution.

Conflict Resolution Steps

The steps necessary to begin to successfully resolve a conflict.

Conflict Resolution Techniques

The techniques and strategies employed in the process of resolving conflict.

Conflict Resolution Training

Training geared towards establishing or honing your conflict resolution abilities.

Conflict Resolutions

Resolutions to conflict can involve a wide variety of options, legal, extralegal, etc., but always concerns the adequate and equitable addressing of all parties' concerns at the bargaining table, creating value, and building long-term relationships.

Conflict Transformation

A change (usually an improvement) in the nature of a conflict, a de-escalation or a reconciliation between people or groups. The concept of conflict transformation reflects the notion that conflicts go on for long periods of time, changing the nature of the relationships between the people involved, and themselves changing as people's response to the situation develops over time. (from http://www.colorado.edu/conflict/peace/glossary.htm)

Conflicts

Disagreements between two or more parties.

Confronting Evil

A conference held at Harvard Law School on April 19, 2013 by the Mahindra Humanities Center, the Volkswagen Foundation, and the Program on Negotiation at Harvard Law School to discuss the conceptual and practical dimensions of evil.

Congress

The United States Congress is the bicameral legislature of the federal government of the United States consisting of two houses: the lower house known as the House of Representatives and the upper house known as the Senate. Congress meets in the Capitol in Washington, D.C.

Congressional Negotiations

The United States Congress is the bicameral legislature of the federal government of the United States consisting of two houses: the lower house known as the House of Representatives and the upper house known as the Senate. Congress meets in the Capitol in Washington, D.C. Congressional negotiations involve logrolling and coalitions between various groups in order to achieve desired goals.

Consensus

An agreement among all participating stakeholders. (Lawrence E. Susskind, Sarah McKearnan and Jennifer Thomas-Larmer, The Consensus Building Handbook [Sage Publications, 1999], 327)

Consensus Building

A process involving a good-faith effort to meet the interests of all stakeholders seeking unanimous agreement. (Lawrence E. Susskind, Sarah McKearnan and Jennifer Thomas-Larmer, The Consensus Building Handbook, [Sage Publications, 1999], 6)

Consensus Building Institute

The Consensus Building Institute (CBI) is a not-for-profit organization founded in 1993 by leading practitioners and theory builders in the fields of negotiation and dispute resolution. Our experts bring decades of experience brokering agreements and building collaboration in complex, high-stakes environments.

Construction Contract Negotiation

A construction contract is an agreement between contractor and client that spells out the rights and obligations of both parties in relation to work that will be performed by the contractor. While all services providers should have a contract for client’s to sign before they perform any work, it is especially important for construction contractors, as most states require a written contract when providing construction or home improvement services. To write a construction contract, just follow the steps below.

Contingent Agreement

Contingent contracts usually occur when both negotiating parties fail to reach an agreement. The contract is characterized as “contingent” because the terms are not final and are based on certain events or conditions occurring. (Malhotra, Bazerman 2008, p. 70). Contingent contracts can be likened unto if-then agreements that state which actions under certain conditions will result in specific outcomes (Templar 2012, p. 122).
A contingency contract can also be viewed as protection against a future change of plans (Malhotra, Bazerman 2008, p. 70). Contingent contracts can also lead to effective agreement when each party has different time preferences. For example, one party may desire immediate payoffs, while the other party may be interested in more long-term payoffs (Thompson 2008, p. 122).

Contract Negotations

Negotiations over the terms and conditions of a binding legal agreement between two or more parties.

Contract Negotiation

Negotiations over the terms and conditions of a binding legal agreement between two or more parties.

Contract Negotiation Training

Training in negotiations concerning the terms and conditions of a binding legal agreement between two or more parties.

Contract Negotiations

Negotiations over the terms and conditions of a binding legal agreement between two or more parties.

Contracts

A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchange "consideration" to create "mutuality of obligation."

Contractual Obligation

An obligation arising from or due to a contract agreed upon by two or more parties.

Contrast Effect

From "The Value of Contrast Effect in Negotiations": "Translated to the context of financial negotiations, the contrast effect suggests a strategic move: ask for more than you realistically expect, accept rejection, and then shade your offer downward. Your counterpart in the financial negotiations is likely to find a reasonable offer even more appealing after rejecting an offer that’s out of the question."

Cooperation

Cooperation (sometimes written co-operation or cooperation[1]) is the process of working or acting together. In its simplest form it involves things working in harmony, while in its more complicated forms, it can involve something as complex as the inner workings of a human being or even the social patterns of a nation. It is the opposite of working separately in competition. Cooperation can also be accomplished by computers, which can handle shared resources simultaneously, while sharing processor time.

Cooperative

Cooperation (sometimes written co-operation or coöperation[1]) is the process of working or acting together. In its simplest form it involves things working in harmony, while in its more complicated forms, it can involve something as complex as the inner workings of a human being or even the social patterns of a nation. It is the opposite of working separately in competition. Cooperation can also be accomplished by computers, which can handle shared resources simultaneously, while sharing processor time.

Cooperativeness

Cooperation (sometimes written co-operation or coöperation[1]) is the process of working or acting together. In its simplest form it involves things working in harmony, while in its more complicated forms, it can involve something as complex as the inner workings of a human being or even the social patterns of a nation. It is the opposite of working separately in competition. Cooperation can also be accomplished by computers, which can handle shared resources simultaneously, while sharing processor time.

Corporate Deals

Deals between corporations, their vendors, or their clients.

Corporate Litigation

Litigation involving corporations, their vendors, or their clients.

D

Dance Of Concessions

See "positional-bargaining approach."

Deal Design

An approach to negotiation that goes beyond tactics and takes into account sources of economic and noneconomic value. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 2). See Also: Conflict Management Techniques: Should You Take Your Dispute Public?, Negotiation Skills: Are You Ready to Negotiate?, Negotiation Training: Negotiating in Three Dimensions.

Dealing With Difficult People

Dealing with difficult people involves negotiating with counterparts that you mistrust, dislike, or even think are "evil." Nonetheless, a skilled negotiator knows where to find and create value in any negotiation. When dealing with difficult people, integrative bargaining strategies, including knowledge of your BATNA (best alternative to a negotiated agreement) and ZOPA (zone of possible agreement), will help you overcome any perceived differences between yourself and your counterpart so that you can succeed in your next turn at the bargaining table no matter of who or what your counterpart may be.

Difficult Conversation

A framework for describing how to apply interest-based negotiation techniques to conversations and dilemmas in daily life. According to this framework, underlying every difficult conversation are actually three deeper conversations. (Douglas Stone, Bruce Patton and Sheila Heen, Difficult Conversations [Viking/Penguin, 1999], 7). These three conversations are 1) The "What Happened?" Conversation, 2) the Feelings Conversation, 3) and the Identity Conversation. The first conversation deals with the actual events that led to the situation being discussed, while the second and third conversations explore the impact these events have had.

Difficult Conversations

"Difficult conversations" is a framework for describing how to use interest-based negotiation techniques in difficult conversations that occur due to problems that arise in daily life. According to this framework, underlying all difficult conversations are actually three deeper conversations. (Douglas Stone, Bruce Patton and Sheila Heen, Difficult Conversations [Viking/Penguin, 1999], 7). These three conversations are 1) The "What Happened?" Conversation, 2) the Feelings Conversation, 3) and the Identity Conversation. The first conversation deals with the actual events that led to the situation being discussed, while the second and third conversations explore the impact these events have had.

Distributive Negotiation

A type of negotiation in which the parties compete over the distribution of a fixed pool of value. Here, any gain by one party represents a loss to the other. Also known as a zero-sum negotiation or win-lose negotiation. (Richard Luecke, Harvard Business Essentials: Negotiation [Harvard Business Press, 2003], 2-3). See Also: Crisis Negotiations and Negotiation Skills Insights from the NYPD, How to Negotiate When You're Literally Falling Apart, Expanding the Pie: Integrative Bargaining versus Distributive Bargaining.

E

Effective Negotiation Skills

Effective negotiation skills are those tactics and techniques that the adept negotiator employs during the course of negotiations in order to both create and claim value for herself and her counterparts. Effective negotiation skills include BATNA identification, effective use of emotions at the bargaining table, caucusing, delineating your zone of possible agreement, and other skills geared toward an integrative bargaining outcome rather than a distributive, or haggling, bargaining outcome.

Empathy

Demonstrating an understanding of the other side's needs, interests, and perspective, without necessarily agreeing. See Also: Conflict Resolution: When Forgiveness Seems Elusive, Mediation: Choosing the Right Mediator, Improving Negotiation Skills Training.

Empathy Loop

A technique to demonstrate understanding and empathy with another party. The empathy loop has three steps: (1) Inquire about a subject or issue, (2) the other side responds, and (3) you demonstrate your understanding of the response and test or check that understanding with the other person. In other words, you loop your understanding of the other side's perspective back to them. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 63).

F

Facilitator

A professional trained to help parties negotiate productively. The role of a facilitator may vary, but in most cases they are responsible for keeping the conversation on track and communication open. (Lawrence E. Susskind and Jeffrey L. Cruikshank, Breaking Robert's Rules [Oxford University Press, USA, 2006], 27). See Also: 2 Negotiation Role Plays Designed to Build Critical Skills, Negotiation Case Studies: Teach By Example, How Case Studies Facilitate Negotiated Agreements.

Feelings Conversation

The part of a "difficult conversation" that asks and answers questions regarding feelings and emotions. (Douglas Stone, Bruce Patton, Sheila Heen, Difficult Conversations [Viking/Penguin, 1999 ], 7). See Also: Conflict Management at the Office.

Frame

The story or narrative each bargainer tells herself about the negotiation. Your frame in a negotiation reveals how you understand what you and the other bargainer are negotiating and what you think the task ahead is. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 207). See Also: Dealmaking: Don't Wait for Them to Blink, The Moral Quandary: Negotiation Exercises Featuring Ethical Dilemmas, Dealing with Difficult People: Lies, Lies, and More Lies.

G

Getting To Yes

Getting to Yes is a universal method for negotiating personal and professional disputes.
Getting to Yes is a concise strategy for arriving at mutually acceptable agreements in every kind of conflict -- whether it involves parents and children, neighbors, bosses and employees, customers or corporations, tenants or diplomats. Written by Program on Negotiation co-founders Roger Fisher, Bruce Patton, and William Ury, Getting to Yes tells you how to separate the people from the problem, Focus on interests rather than positions, and work together towards an outcome that will satisfy both parties. See Also: BATNA: Bringing a Deal Out of the Gutter, Hong Kong Lawyer Benny Tai Inspired by Harvard Negotiation Project Authors, Program on Negotiation Faculty Discuss the US Government Shutdown Negotiations.

I

Identity

The way people see themselves the groups they feel a part of, the significant aspects of themselves that they use to describe themselves to others. Some theorists distinguish between collective identity, social identity, and personal identity. However, all related in one way or another to a description of who one is, and how one fits into his social groups and society overall. See Also: In Business Negotiations, Restraint Can Be Key - Even in High Fashion, Women and Negotiation: When Identities Clash or Click, Negotiators Guard Against Ethical Lapses.

Identity Conversation

The part of a "difficult conversation" that we have with ourselves about what a problematic situation means to us. This conversation is an internal debate about who we are and how we see ourselves. (Douglas Stone, Bruce Patton and Sheila Heen, Difficult Conversations [Viking/Penguin, 1999], 8,14). See Also: Conflict Management at the Office.

Information Asymmetry

A situation in which one party has more information than the other. (Richard Luecke, Harvard Business Essentials: Negotiation [Harvard Business Press, 2003], 128). See Also: Pull Ahead of the Pack with a Negotiauction, Status Anxiety in Business Negotiations, Managing Status in Negotiation.

Integrative Negotiation

Negotiations in which there is a potential for the parties' interests to be integrated in ways that create joint value or enlarge the pie. Integrative negotiation is possible when the parties have some shared interests or opportunities to realize mutual gains through trades across multiple issues. (Michael Watkins and Susan Rosegrant, Breakthrough International Negotiations [Jossey-Bass, 2001], 31). See Also: When Do Employees Choose to Negotiate, Do Attitudes Influence Results, Integrative Bargaining versus Distributive Bargaining.

Interest Based Negotiation

See "problem-solving approach".

Interests

A party's basic needs, wants, and motivations that are potentially at stake in a negotiation. The measure of success in a negotiation is how well your interests are met. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 69). See Also: 2 Negotiation Role Plays Designed to Build Critical Skills, BATNA: The Danger of Take It or Leave It, Negotiation Case Studies: Lead By Example.

L

Ladder Of Inference

A model that describes how individuals reach conclusions and make decisions based on facts. The model states that individuals move from observable data and experiences to selected "data," added meanings, assumptions from those selected data and meanings, conclusions that are drawn, beliefs from those conclusions, and actions based on those beliefs. (Peter M. Senge, Art Kleiner, Charlotte Roberts and Bryan J. Smith, The Fifth Discipline Fieldbook [Currency, Doubleday, 1994])

Legitimacy

A feeling of being treated fairly in a negotiation. Often an interest in legitimacy and feeling fairly treated is the main driver in a dispute. However, parties with differing views on what is fair may fail to realize that beneath their conflicting positions is the same underlying interest. For example, in the Israeli-Palestinian conflict, the perceived legitimacy of where the border is drawn between Israel and a Palestinian state is at least as important as how many acres are on each side. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 281-282). See Also: Closing the Deal is Only the Beginning of the Endgame, Selling an Asset: Choose the Right Type of Auction, The Pulitzer Board Stands in Judgment.

Litigation

A formalized legal process to resolve a dispute through legal action in the form of a lawsuit. It often entails a contractual issue. It is the act of either bringing or challenging a lawsuit. See Also: Thanks to Keen Negotiation Skills, the Carolinas Avoid a Border Dispute, For Bank of America, Dealmaking to Turn the Page, Dispute Resolution: Mandatory Arbitration Under Fire.

Logrolling

The act of trading across issues in a negotiation. Logrolling requires that a negotiator knows his or her own priorities, but also the priorities of the other side. If one side values something more than the other, they should be given it in exchange for reciprocity on issues that are a higher priority to their opponent. (Deepak Malhotra and Max Bazerman, Negotiation Genius [Bantam, 2007], 61). See Also: Specific versus Abstract Negotiation Skills Training.

M

Mediation

A negotiation between two or more parties facilitated by an agreed-upon third party. Skilled third-party mediators can lower the emotional temperature in a negotiation, foster more effective communication, help uncover less obvious interests, offer face-saving possibilities for movement, and suggest solutions that the parties might have overlooked. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 108-109). See Also: Capture the Best of Mediation and Arbitration with Med-Arb, In Dispute Resolution, A Tale of Two Arthurs, Resolve Employee Conflicts with Mediation Techniques.

Mediator

An impartial, mutually acceptable third party whose goal is to help conflicted parties resolve their dispute. Mediators lack the power to coerce or bargain, but they can use facilitative power to influence disputants. (Michael Watkins and Susan Rosegrant, Breakthrough International Negotiations [Jossey-Bass, 2001], 93). See Also: Teaching Negotiation - Negotiation Case Studies, Teach by Example, Powerful Conflict Resolution Games to Help You Teach Negotiation, Dispute Resolution: Should You Bring your Lawyer?.

Meeting Facilitation

The impartial management of meetings designed to enable participants to focus on substantive issues and goals. (Lawrence E. Susskind, Sarah McKearnan and Jennifer Thomas-Larmer, The Consensus Building Handbook [Sage Publications, 1999], 207). See Also: The Limits of Track II Diplomacy: Early Lessons from Geneva, China's Camp David Moment, Negotiation Analysis: The Science and Art of Collaborative Decision Making.

Moral Hazard

A problem created when a contract shifts risk from one party to another party and information asymmetries permit the non-riskbearer to behave adversely under the contract without detection or consequence. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 26).

Multi Track Diplomacy

The idea that international exchanges can take many forms beyond official negotiations between diplomats. Examples of multi-track diplomacy include official and unofficial conflict resolution efforts, citizen and scientific exchanges, international business negotiations, international cultural and athletic activities and other international contacts and cooperative efforts.

N

Negotiation Exercise

Negotiation exercises include role-play simulations, executive education training seminars, webinars, books, and facilitator-led training sessions. See Also: The Moral Quandry: Negotiation Exercises Featuring Ethical Dilemmas, How Negotiation Examples Can Help You Become a Better Mediator, How Negotiation Exercises Can Prepare You for Cross-Cultural Negotiations.

Negotiation Skills

Back-and-forth communication designed to reach an agreement between two or more parties with some interests that are shared and others that may conflict or simply be different. Negotiation is an intrinsic part of any kind of joint action, problem solving, and dispute resolution, and may be verbal, nonverbal, explicit, implicit, direct, or through intermediaries. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 279). See Also: How Negotiation Exercises Can Prepare You for Cross-Cultural Negotiations, Cooperation in Congress? Liberals and Libertarians Polish Their Negotiation Skills, Dealmaking and Business Negotiations: 6 Tips for Novice Hagglers.

Negotiation Tactics

Negotiation tactics include any range of skills that a negotiator or her counterpart will employ during the course of negotiation in order to secure her objective. Such tactics include developing arguments and talking points away from the bargaining table while also honing such negotiation skills as BATNA delineation and the use of emotion in negotiation while at the bargaining table with her counterpart. See Also: Negotiation Training: Negotiating in Three Dimensions, The Perils of Powerful Speech, Cultural Caveats in Business Negotiations.

Neutral Evaluation / Early Neutral Evaluation (ENE)

A process in which a third party neutral examines the evidence in what is usually a lawsuit and listens to the disputants' positions, then gives the parties his or her evaluation on the strength of their cases and the likely outcome in court.

O

Options

A possible agreement or pieces of a potential agreement upon which negotiators might possibly agree. Options can include substantive terms and conditions, procedures, contingencies, even deliberate omissions or ambiguities anything parties might agree on that might help to satisfy their respective interests. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 283). See Also: Business Negotiators: How You Can Avoid Striking Out, Dealing with Difficult People: Tackle Tough Issues Together, Negotiation Skills: Negotiating to Give Good Advice.

P

Peacebuilding

The process of restoring normal relations between people. It requires the reconciliation of differences, apology and forgiveness of past harm, and the establishment of a cooperative relationship between groups, replacing the adversarial or competitive relationship that used to exist. See Also: Negotiating Work and Life: Her Place at the Table, in the US and Abroad, Unilateral Initiatives in the Israeli-Palestinian Conflict, Covering Conflict: War, Storytelling, and the Impact of Witnessing Violence.

PON Videos

Program on Negotiation videos include footage of our Great Negotiator awards programs as well as case studies, lectures, seminars, and events that PON holds throughout the year. PON videos can be accessed on YouTube. See Also: Program on Negotiation at Harvard Law School YouTube Channel.

Position

A proposed outcome that represents one way among many that issues might be resolved and interests met. Explicit demands made during a negotiation often represent a party's position, although the underlying interest may be broader and quite different. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 280). 2 Negotiation Role-Plays Designed to Build Critical Skills, Negotiation Skills: Which Negotiating Style is Best?, Win-Win Negotiations: Is Your Bargaining Style Holding You Back?.

Positional Bargaining

An approach to negotiation that frames negotiation as an adversarial, zero-sum exercise focused on claiming rather than creating value. Typically, one party will stake out a high (or low) opening position (demand or offer) and the other a correspondingly low (or high) one. Then a series of (usually reciprocal) concessions are made until an agreement is reached somewhere in the middle of the opening positions, or no agreement is reached at all. (Bruce Patton, Building Relationships and the Bottom Line: The Circle of Value Approach to Negotiation [Harvard University Press, 2004], 288). Negotiating the Fiscal Crisis, BATNA for the Holidays? Program on Negotiation Co-Founders Bruce Patton and William Ury Discuss the Fiscal Cliff with NPR, A Peacekeeper Abandons Negotiations in Syria.

Principal Agent Theory

Three ways in which agents may differ from their principals. First, the agents may have different preferences from their principal, such as willingness to work. Second, agents may have different incentives from the principal. Agents may have a different stake in the outcome or may receive different rewards than the principal. Third, agents may have information that is unavailable to the principal, or vice versa. These types of divergences may give rise to problems relating to monitoring, incentives, coordination, and strategy. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 190). See Also: Do You Need a Broker?.

Prisoner

A "social dilemma" or "social trap" in game theory between two subjects that presents one subject with the choice to act nobly or selfishly whereby their choice to act one way or the other in conjunction with the level of nobility demonstrated by their counterpart leads to respective payoffs (gains or losses) for both sides. It is called the prisoner's dilemma because this asocial game was initially written as a role play between two prisoners. (Howard Raiffa, The Art and Science of Negotiation [Harvard University Press, 1982], 346-47). See Also: In Dispute Resolution, Try Going to the Top, International Negotiations: Threats at the Bargaining Table, The Shalit Deal: Opportunities for Negotiators.

Problem Solving Approach

An approach to negotiation first articulated in the book Getting to YES written by Roger Fisher and William Ury. The problem-solving approach argues that (1) negotiators should work together as colleagues to determine whether an agreement is possible that is better for both of them than no agreement, (2) in doing so they should postpone commitments while exploring how best to maximize and fairly distribute the value of any agreement, and (3) it makes sense for one party to take this approach even if the other does not. The problem-solving approach emphasizes parties' underlying interests rather than their positions, and encourages parties to maintain and build their relationship even if they disagree rather than creating an adversarial process. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 292-93). See Also: Dispute Resolution Using Online Mediation, Mediation in Transactional Negotiation, Bringing Mediators to the Bargaining Table.

R

Relationship

As one of the "seven elements," relationship refers to the relationship a negotiator has or wants with other parties. This may include his or her relationship both with those across the table and with anyone else who might affect the negotiation or be affected by the negotiator's reputation. The conduct and outcome of a negotiation have the potential to either damage or strengthen a relationship. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 282). See Also: Dealmaking - Relationship Rules and Business Negotiations, Negotiation Skills: Which Negotiating Style is Best?, Negotiation Games for the New Academic Year.

Reservation Value

Translation of BATNA into a value at the table or the amount at which you are indifferent between reaching a deal and walking away to your BATNA. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 19). See Also: How Negotiation Games Can Help You Develop Skills to Resolve Business and Commercial Disputes, Negotiations in the Telecommunications Industry, When Fairness is a Distraction.

Ripeness

A conflict is said to be "ripe" for settlement or negotiation when it has reached a stalemate, or when all of the parties have determined that their alternatives to negotiation will not get them what they want or need. In this case, they are likely to be ready to negotiate a settlement that will attain at least part of their interests, more than they are getting otherwise or stand to get if they pursue their force-based options further. See Also: Dealmaking: Don't Wait for Them to Blink, ISIS, International Negotiation, and a Refusal to Communcate, Conflict Resolution: Ted Kennedy and the Art of Collaboration.

S

Setup

Actions away from the negotiating table that shape and reshape the situation to a negotiator's advantage. Changes in setup may include approaching the right parties to participate in the negotiation, setting the right expectations, or dealing with the right issues that engage the right set of interests. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 2). See Also: Is Negotiation Without a BATNA Possible?, Hong Kong Lawyer Benny Tai Inspired by Harvard Negotiation Project Authors, Negotiation Skills: Are You Ready to Negotiate?.

Seven Elements

A framework for understanding and analyzing negotiation. The seven elements include interests, legitimacy, relationships, alternatives, options, commitments, and communication. A seven-elements approach can be particularly helpful during pre-negotiation preparation. (Michael L. Moffitt and Robert C. Bordone, eds., The Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 280).

Social Trap

A term used to describe the nature of the “prisoner’s dilemma” in game theory. It is used to highlight the competitive tension between the subjects involved. (Howard Raiffa, The Art and Science of Negotiation [Harvard University Press, 1982], 347) See also: Sharing the Market, Practice Taking Risksand the Negotiation Roleplay Simulation: Win As Much As You Can.

Subjective Value

The social, perceptual, and emotional consequences of a negotiation. (Jared R. Curhan, Hillary A. Elfenbein and Heng Xu, What do people value when they negotiate? Mapping the domain of subjective value in negotiation [Journal of Personality and Social Psychology, 2006], 4). See Also: Beyond the Bottom Line, The Value of Satisfaction, Improve Their Satisfaction.

T

Tactics

The persuasive moves you make and the back-and-forth process you choose for dealing directly with the other side, at the table. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 2). See Also: Negotiation Skills Tips: Dealing with Deception at the Bargaining Table, Is Negotiation Without a BATNA Possible?, Conflict Management Techniques: Should You Take Your Dispute Public?, Resolve Employee Conflicts with Mediation Techniques.

Three Conversations

The notion that all difficult conversations carry a common underlying structure that can be divided into three distinguishable categories or “conversations”; 1) The “What Happened?” Conversation, 2) the Feelings Conversation, 3) and the Identity Conversation. (Douglas Stone, Bruce Patton and Sheila Heen, Difficult Conversations: How to Discuss What Matters Most [Viking/Penguin, 1999], 4, 7). See Also: Conflict Management at the Office, Negotiation Skills: Giving Feedback - Who Needs It? It Might Be You, Conflict Resolution Skills from the Home: How Conflict Management Skills Transform Discord Into Harmony.

Three Tensions

A model of negotiation that emphasizes that the essential challenges of negotiation are rooted in three tensions: between creating and distributing value, between empathy and assertiveness, and between the interests of principals and agents. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 285). See Also: The Moral Quandry: Negotiation Exercises Featuring Ethical Dilemmas, Professor Robert Mnookin: Negotiation Strategy and Bargaining with the Devil.

Trust

Firm reliance on the integrity, ability, or character of a person or thing. See Also: Relationship Rules and Business Negotiations, Dealmaking: Don't Wait for Them to Blink, ISIS, International Negotiation, and a Refusal to Communicate.

Trust Betrayal

Trust is the firm reliance on the integrity, ability, or character of a person or thing. A betrayal of this is the revelation that such reliance is misplaced. See Also: Dealmaking Negotiations: How to Build Trust at the Bargaining Table, Negotiation Skills: Plant a Trust Land Mine, Measuring the Cost of Betrayal Aversion.

U

University Of Massachusetts Boston Courses

Courses held at the University of Massachusetts' Boston campus. See Also: Advanced Negotiation and Mediation: Reconciliation, Advanced Intervention, Conflict Resolution Systems for Organizations.

University Of Pennsylvania

The University of Pennsylvania (commonly referred to as Penn or UPenn) is an American private Ivy League research university located in Philadelphia, Pennsylvania, United States. It is one of the Colonial Colleges. Incorporated as The Trustees of the University of Pennsylvania, Penn is one of 14 founding members of the Association of American Universities. See Also: Conflict Resolution: When Forgiveness Seems Elusive, Women and Negotiation: Leveling the Playing Field, Conflict Management and Negotiation: Personality and Individual Differences That Do Matter.

Urban Planning

Urban planning (urban, city, and town planning) is a technical and political process concerned with the control of the use of land and design of the urban environment, including transportation networks, to guide and ensure the orderly development of settlements and communities. It concerns itself with research and analysis, strategic thinking, architecture, urban design, public consultation, policy recommendations, implementation and management. See Also: My Neighborhood with Julia Bacha, Just Vision, Israeli Settlement Withdrawal: Negotiation Lessons from the Past, and Planning for the Future, The Role of Designers in Negotiating the Israeli-Palestinian Borders.

US-Iran

International relations between the United States and the Islamic Republic of Iran. See Also: Simulating International Negotiations: The US-Iran Crisis

V

Value

Economic or noneconomic aspects of the process or outcome of a negotiation about which one or more parties care strongly. Value could mean cash, property, relationships, reputation, fairness, or a party's self-image. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 17). See Also: In Business Negotiations, Eat Before You Negotiate, Crisis Negotiations and Negotiation Skills Insights from the New York City Police Department Hostage Negotiations Team, BATNA - The Danger of Take It or Leave It.

Value Claiming

The result of competitive negotiations in which one party's win is the other party's loss, and one party seeks to claim a full share of the "value pie." Zero-sum negotiations are conducive to value claiming by the parties, although value claiming can occur even in win-win negotiations. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 17). See Also: The Dictator Game - Justifying Selfishness in Negotiation, A Value Creating Condition Thwarted, Do You Need a Broker.

Value Creation

The result of cooperative problem-solving skills in a negotiation that uncover joint gains for both parties. Value creation is an aspect of "win-win" or "non-zero-sum" negotiation, in which both parties benefit from the agreement. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 17). See Also: Negotiation Skills: Four Steps for Changing Negotiation Practices in Your Organization, When Lose-Lose Wins, Conflict Management - Anger, the Good and the Bad.

Video

Video is an electronic medium for the recording, copying and broadcasting of moving visual images. See Also: The Program on Negotiation at Harvard Law School's YouTube Channel.

Video Archive

Video is an electronic medium for the recording, copying and broadcasting of moving visual images. A video archive is a collection of films stored for referential purposes. See Also: The Program on Negotiation at Harvard Law School's YouTube Channel.

Violence

Violence is the intentional use of physical force or power, threatened or actual, against a person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation. This definition associates intentionality with the committing of the act itself, irrespective of the outcome it produces. See Also: Negotiation Analysis: The US, Taliban, and the Bergdahl Exchange, Nelson Mandela, Greatest Negotiator, Win-Win Negotiations in the Middle East: How the Principles Behind the Harvard Negotiation Project Apply to Israel and Palestine.

Vladimir Putin

Vladimir Putin is a Russian politician who has been the President of Russia since 7 May 2012. Putin previously served as President from 2000 to 2008, and as Prime Minister of Russia from 1999 to 2000 and again from 2008 to 2012. Putin was also previously the Chairman of United Russia political party. See Also: Dealing with Difficult People: Lessons from Ronald Reagan, International Negotiations: A Game of Chess, or Marbles?, Dealing with Difficult People Such as Putin?.

W

Water

Water is a chemical compound with the chemical formula H2O. A water molecule contains one oxygen and two hydrogen atoms connected by covalent bonds. Water is a liquid at standard ambient temperature and pressure, but it often co-exists on Earth with its solid state, ice, and gaseous state (water vapor or steam). Water also exists in a liquid crystal state near hydrophilic surfaces. See Also: How Negotiation Role Play Simulations Can Help You Resolve Environmental Disputes, Intercultural Negotiations: When Negotiators Try Too Hard, Water Diplomacy - Using a Creative Approach.

Watna

Worst Alternative to a Negotiated Agreement: In a negotiation, your WATNA represents one of several paths that you can follow if a resolution cannot be reached. Like its BATNA counterpart, understanding your WATNA is one alternative you can use to compare against your other options along alternative paths in order to make more informed decisions at the bargaining table. See Also: Dealmaking Relationship Rules and Business Negotiations, 10 Hard Bargaining Tactics, Business Negotiators - Find the Right Fit.

Webcast

A webcast is a media presentation distributed over the Internet using streaming media technology to distribute a single content source to many simultaneous listeners/viewers. A webcast may either be distributed live or on demand. Essentially, webcasting is “broadcasting” over the Internet. See Also:Program on Negotiation at Harvard Law School YouTube Channel featuring videos of past events, lectures, research, and more.

Wharton School

The Wharton School of the University of Pennsylvania (also known as The Wharton School) is the business school of the University of Pennsylvania, a private, Ivy League university in Philadelphia, Pennsylvania. Wharton is the United States' oldest business school and the world’s first business school affiliated with an institution of higher learning. It was established in 1881 through a donation from Joseph Wharton. The University of Pennsylvania, Wharton's parent institution, is among America's first universities, founded by statesman Benjamin Franklin. The school's faculty is the world’s most published and most cited among business schools. See Also: With No Good BATNA, Police Negotiators Accept Texts, Women and Negotiation: Barriers to Getting to the Table, How Body Language Affects Negotiations.

What Happened?

The part of a "difficult conversation" that addresses disagreements about what has happened or what should happen, who's right and who's wrong. (Douglas Stone, Bruce Patton and Sheila Heen, Difficult Conversations [Viking/Penguin, 1999], 7). See Also: Negotiation Skills: A Failure to Communicate, Dealing with Deception at the Bargaining Table, Reciprocation and Creating Value or Claiming Value Through Haggling.

William Kunstler

William Moses Kunstler (July 7, 1919 – September 4, 1995) was an American self-described "radical lawyer" and civil rights activist, known for his controversial clients. Kunstler was a board member of the American Civil Liberties Union (ACLU) and the co-founder of the Law Center for Constitutional Rights (CCR), the "leading gathering place for radical lawyers in the country". See Also: Program on Negotiation to Screen Roger Fisher's The Advocates.

William L. Ury

See Also: William Ury.

William Ury

William L. Ury co-founded Harvard’s Program on Negotiation and is currently a Senior Fellow of the Harvard Negotiation Project. He is the author of The Power of a Positive No: How to Say No & Still Get to Yes (2007) and co-author (with Roger Fisher) of Getting to Yes: Negotiating Agreement Without Giving In, an eight-million-copy bestseller translated into over thirty languages. “No other book in the field comes close to its impact on the way practitioners, teachers, researchers, and the public approach negotiation,” comments the National Institute on Dispute Resolution. Ury is also author of the award-winning Getting Past No: Negotiating with Difficult People and Getting To Peace (released in paperback under the title The Third Side). See Also: Conflict Management: Intervening in Workplace Conflict, Negotiation and Leadership: Dealing with Difficult People and Problems, Hong Kong Lawyer Benny Tai Inspired by Harvard Negotiation Project Authors.

Winner's Curse

The tendency to overbid in competitive auctions and thus overpay for an item because of competition for it. Because the winner has overbid, she is said to suffer the winner's curse because she has what she desired, but at a much greater cost than it is worth. See Also: Dealmaking: Why It's Tempting to Trust Your Gut, The Winner's Curse, Beware Your Counterpart's Biases.

World Trade Organization

See Also: WTO.

Worst Alternative To A Negotiated Agreement

The opposite of one's best alternative to a negotiated agreement, or BATNA, WATNA is the worst possible outcome for you or your principal should negotiations fail. See Also: 10 Hard Bargaining Tactics, The Paradox of Positions, Status Anxiety in Business Negotiations.

WTO

The World Trade Organization (WTO) is an organization that intends to supervise and liberalize international trade. The organization officially commenced on 1 January 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The organization deals with regulation of trade between participating countries; it provides a framework for negotiating and formalizing trade agreements, and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements, which are signed by representatives of member governments and ratified by their parliaments. Most of the issues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round (1986–1994). See Also: How Negotiation Exercises Can Prepare You for Cross-Cultural Negotiations, Anticipating Coalitional Behavior, Conflict Management: Managing Internal Conflict - Russia's Bid to Join the WTO.

Z

Zero Sum Approach

The tendency to view a negotiation as purely distributive; what one side wins, the other side loses. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 168). See Also: How Negotiation Role-Play Simulations Can Help Solve Environmental Disputes, Conflict Management Techniques: Should You Take Your Dispute Public?, How Negotiation Exercises Can Help You Prepare for Cross-Cultural Negotiations.

Zero-sum

The tendency to view a negotiation as purely distributive; what one side wins, the other side loses. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 168). See Also: How Negotiation Examples Can Help You Become A Better Mediator, Program on Negotiation Faculty Discuss the Government Shutdown Negotiations, Finding More Value at the Bargaining Table.

ZOPA

Zone of Possible Agreement: The bargaining range created by the two reservation values. The ZOPA defines a “surplus” that must be divided between the parties. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 19). See Also: Creating Value Through Haggling, Setting the Stage for Negotiation Success, Dealmaking: Six Strategies for Creating or Claiming Value Through Haggling, Conflict Management: Becoming a Team Player.

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