A wide variety of negotiations take place in the private sector or involve commercial enterprises. These range from relatively straightforward but high stakes contract negotiations between suppliers and distributors to complex multiparty negotiations between government, industry and other interest groups after environmental disasters. By honing their skills and more effectively engaging in negotiations, firms can positively influence their bottom lines. Likewise, government officials and other stakeholders will do better if they understand how to negotiate when private firms are involved.
The range of role-play exercises available through the Clearinghouse reflects the full breadth and depth of business and commercial negotiations. In Terminal Lighting Problems a contractor and Airport Authority engineer meet to negotiate a solution to a delay in the arrival of light fixtures. In GE International Contract, a senior manager and computer consulting company attempt to reach agreement on the price of a project and salvage a deal. Commercial negotiations do not always involve large firms. In 67 Fish Pond Lane, a homeowner and potential buyer attempt to reach an amicable agreement on the sale of the house. Harborco is an example of a multiparty exercise involving both the private and public sectors. The governor and representatives of five stakeholder groups, including other ports, the Environmental League and unions, must negotiate whether or not and under what conditions a consortium may build a new port.
Several videos on negotiating business and commercial disputes are also available through the Clearinghouse. Some, like The HackerStar Negotiation, depict simulated negotiations. Others, like those in the Negotiation Pedagogy Video Series are presentations by respected experts in the field. Books available through the Clearinghouse range from management guidebooks like Built to Win: Creating a World-Class Negotiating Organization to broader commentaries like The Mutual Gains Enterprise.
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Role Simulations
Susan Podziba and Lawrence Susskind
Three-party, two-round internal negotiation among agency officials over whether to litigate or pursue non-binding arbitration to settle a contract claim against a private contractorPaddy Moore, Hal Movius and Lawrence Susskind
Six-person, four-issue negotiation between three representatives of an industrial manufacturer and three representatives of its primary client over restructuring of an existing purchase agreementCandace Modlin and Robert C. Bordone
Two-party or two-team, multi-issue, integrative/distributive negotiation between representatives of a new low-cost airline and a potential headquarters city over an incentives package and airport facilitiesDuncan MacLaren; adapted from the The Tendley Contract by Michael Wheeler
Two-party potentially integrative contract negotiation between representatives of a large corporation and a consulting firm over very different expectations of the cost of servicesDenise Madigan, Thomas Weeks, and Lawrence Susskind
Six-party, multi-issue, scoreable negotiation among representatives of a port developer, labor union, environmental coalition, other regional ports, governor's office, and department of coastal resources over a proposal to build a new deep-water portTyler Corson-Rickert and Mónica Oliver under the direction of Professor Lawrence Susskind
This is a seven-party, integrative negotiation between stakeholders in a city over how to implement housing retrofits to enhance resilience to extreme heat in the aftermath of deadly heat waves attributed to climate change.Larry Crump, based on a concept developed by Michael Wheeler and Lawrence Susskind
Two-party potentially integrative negotiation between a property owner and a neighboring business over the sale of two real estate parcelsJanet Martinez
Three-party, multi-issue contract negotiation among representatives for an HMO and two pharmaceutical companies over the purchase of a new antidepressant drugJanet Martinez
Three-party, multi-issue contract negotiation among representatives for a hospital and two pharmaceutical companies over the purchase of a new antidepressant drugLawrence Susskind
Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plantDenise Madigan, Tod Loofbourrow with teaching notes by Eileen Babbitt and Lawrence Susskind
Six-party, six-issue, scoreable negotiation among representatives of tribal, state, federal, recreation, and business interests over fishing rights in a large lakeMelissa Manwaring
Two-party distributive e-mail negotiation regarding the potential sale of a domain nameJohn Palenberg, Elizabeth Gray, Deborah Winter, and Wayne Davis
Two-party negotiation between representatives of two law firms over the sale of a collection of law booksCatherine Ashcraft and Larry Susskind
A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action planArmand Ciccarelli and Lawrence Susskind
Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planningDan Delisi, under the supervision of Lawrence Susskind and Paul Levy
Six-person integrative negotiation among representatives of manufacturing company, occupational safety agency, union, local fire department, and local technical expert to settle claims of safety violations that allegedly caused two employee deathsHarvard Law School Board of Student Advisors, with refinements by Guhan Subramanian and Melissa Manwaring
Two-team, multi-issue negotiation between representatives of a restaurant conglomerate and a neighborhood organization over zoning requirements for a possible fast-food restaurant in a historic university neighborhoodCandace Lun and Jeswald Salacuse
Two-party, four-issue negotiation between representatives of two companies with different national and corporate cultures regarding a possible joint ventureAbram Chayes and Antonia Handler Chayes
Two-party, four-issue negotiation between representatives of a Central American country and an international petroleum corporation over the terms of an offshore drilling projectAllan Morgan and Lawrence Susskind
Six-party, four-issue negotiation among representatives of consumer groups, political leaders, and public utilities to develop a statewide energy assistance plan for low-income residentsRoger Fisher and Andrew Clarkson
Two-party, multi-issue integrative negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor's landGeoffrey Fink and Maria Baute Stewart
Seven-party, multi-issue negotiation among a theme-park developer, neighboring mayors, a regional organization, and a national government representative over the development of a proposed theme park; involves coalition-building and cultural issuesLawrence Susskind
Two-party intra-organization negotiation between a company's financial and human resources officers regarding the amount of a budget increaseEric Gould and Michelle Easter
Two-party integrative negotiation between a software developer and a software manufacturer over a possible contract for a new search engine productPatricia Moore and Hal Movius with Lawrence Susskind
Six-party, four-issue negotiation among representatives of several international aircraft companies over the terms of a potential long-term partnershipEric Jay Dolin, Daniel Greenberg and Lawrence Susskind
Highly complex multi-party, multi-issue negotiation among political, industry, environmental, and consumer leaders and lobbyists to develop a detailed proposal to reduce U.S. vulnerability to changes in energy prices and supplyLawrence Susskind and John Forester
Two-party, two-issue scoreable negotiation between a developer and a neighborhood association representative regarding the development terms of a new condominium projectJonathan Raab and Lavinia Hall
Five-person facilitated negotiation among environmental, industry, public utility, and government representatives to revise a proposed rule incorporating environmental costs into electric utility ratesLawrence Susskind and Bruce Patton
Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challengedThe Consensus Building Institute, Inc.
Two-party, two-issue scoreable negotiation between a charity and a corporate sponsor regarding the number and placement of advertising banners at a fundraising walkMIT Students in the Department of Urban Studies and Planning, under the supervision of Prof. Lawrence Susskind and Dr. Herman Karl
8-party nonscorable negotiation among commercial, environmental, and governmental stakeholders over a controversial proposal to develop offshore wind farmsEricka Gray
Three-party, multi-issue international trade negotiation among three culturally different countries over which of two countries will export rice to the third; inculdes coalition and ongoing relationship issuesMichael Wheeler
Two-party, single-issue distributive negotiation between two neighbors regarding the potential sale of a vacant lot; refinement of Appleton-BakerConsensus Building Institute, Inc.
Two-party, two-issue scoreable negotiation between an office building owner and commercial tenant over the terms of a lease for parking spacesMark Drooks and Mark Gordon
Two-team, scoreable, multiple round, "prisoner's dilemma"-style negotiation between representatives of two companies over the monthly price for fictional products called "pepulators"Michael Watkins, Marjorie Corman Aaron and Joshua Weiss
Two-party integrative negotiation between business partners concerning the ownership of a new computer program one of them has developed; condensed, non-agent version of PowerScreen ProblemBruce Patton, Mark Gordon and Andrew Clarkson
Two-party integrative negotiation between the lawyers for business partners concerning the ownership of a new computer program one of them has developedMieke van der Wansem, Tracy Dyke and Lawrence Susskind
Thirteen-person, multi-issue, two-round, partially scoreable negotiation among government, industry, environmental, and farming stakeholders to develop a land-use plan (Part I) and among additional government stakeholders over plan approval (Part II)Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle
Six-party, multi-issue negotiation among state and local government, enviromental, and industry representatives to select one of three sites for low-level radioactive waste disposalEricka Gray
Two-party workplace negotiation between two servers over how to fairly divide tipsTodd Bryan, Alexandra Mitchell, Hilary Collins, and Sarah Fordyce Bock
Five-party, multi-issue negotiation among elected officials, property owners, and a gravel company over a permit for a gravel quarry in a recreationally valuable canyonBruce Patton
Three-party, scoreable, single-issue negotiation among three manufacturers over two- or three-party coalitions for complying with waste cleanup regulations; variation of Three-Party Coalition ExerciseWayne Davis, Mark N. Gordon and Bruce Patton
Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production, under conditions of full disclosure.Video and Audio
Morgan Guaranty Trust Company
Realistic video depicting the use of principled negotiation to prepare for and negotiate a bitter business dispute, featuring Getting to YES co-author Roger FisherRobert H. Mnookin and Susan Hackley
An illustration of interviewing and listening techniques appropriate for lawyer-client interviews, featuring Harvard Law School Professor Robert MnookinMarjorie Corman Aaron and Dwight Golann
An unscripted, realistic demonstration of the mediation of a commercial legal disputeEric Jay Dolin, Daniel Greenberg and Lawrence Susskind
Highly complex multi-party, multi-issue negotiation among political, industry, environmental, and consumer leaders and lobbyists to develop a detailed proposal to reduce U.S. vulnerability to changes in energy prices and supplyLawrence Susskind
A group of legal, business, and dispute resolution professionals negotiate a six-person, facilitated role simulation regarding the reconstruction of the World Trade Center site in New York City, following the 9/11/2001 terrorist attacksCase Studies & Articles
Stephen Weiss and Sarah Tatrallyay
This case study centers on the most challenging task for a negotiator: to reach a satisfactory agreement with a tough counterpart from a position of low power—and to do so in an uncommon context. The case concerns the executive director of a zoo in the U.S. who seeks two giant pandas, an endangered species, from their only source on the planet: China.- ← Previous
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