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)
The following items are tagged alternatives.
Adapted from “Rolling the Dice in Court,” first published in the Negotiation newsletter.
Going to trial, it’s said, is like rolling the dice. That proved true in June 2006, when an exasperated federal judge, the Honorable Gregory A. Presnell, ordered litigants to play a game of Rock Paper Scissors if they could not privately resolve their
Adapted from “Better or Best: Keeping Your Options Open,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter.
Jim, a well-regarded residential developer operating outside Philadelphia, has been scouting around for a site for his next project. Two properties seem promising. The Abbott estate consists of 75 acres of woodlands and some
Adapted from “When Tough Talk Is Beside the Point,” by Hal Movius (instructor, The Program on Technology Negotiation, Program on Negotiation, Harvard Law School), first published in the Negotiation newsletter.
Most of us intuitively believe that personality traits such as toughness matter a great deal in negotiation. Yet studies by Bruce Barry and Raymond Friedman of
David Hoffman teaches the Mediation course at Harvard Law School, and has served as a guest lecturer in a variety of PON programs. He is a mediator, arbitrator, and attorney at Boston Law Collaborative, LLC, which he founded in 2003. BLC was the recipient in 2009 of the American Bar Association’s annual Lawyer as
Adapted from “Why Aren’t Mediation and Arbitration More Popular?” First published in the Negotiation newsletter.
Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. The problem is, there isn’t much demand for mediation or arbitration. If the alternative dispute resolution field has in fact built a better mousetrap, why
Adapted from “For Better or Worse: How Relationships Affect Negotiations,” by Kathleen L. McGinn (professor, Harvard Business School), first published in the Negotiation newsletter.
Six years ago, Esther Lorenza, an experienced entrepreneur and the founder of a new Internet and catalog retailer, concluded that only one supplier could meet her unique product specifications and high standards
Adapted from “How to Defuse Threats at the Bargaining Table,” by Katie A. Liljenquist (professor, Brigham Young University) and Adam D. Galinsky (professor, Northwestern University), first published in the Negotiation newsletter.
Sooner or later, every negotiator faces threats at the bargaining table. How should you respond when the other side threatens to walk away, file a
Adapted from “Team Negotiating: Strength in Numbers?”, first published in the Negotiation newsletter.
According to conventional wisdom, when it comes to negotiation, there’s strength in numbers. Indeed, several experimental studies have supported the notion that you should bring at least one other person from your organization to the bargaining table if you can. On average, this
Adapted from “Negotiating with Sole Suppliers,” by David Lax (managing principal, Lax Sebenius LLC), first published in the Negotiation newsletter.
Negotiators often wonder how to do business with sole suppliers who know they don’t have any real outside alternative and who take advantage of this. Without the power of a realistic best alternative to a negotiated
How can you negotiate the best possible price for a new car? This is a common negotiation question, and naturally so. A car is one of the most significant purchases you’ll ever make—and the price is almost always negotiable. Here are a few tips to improve your performance:
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