Discover step-by-step techniques for avoiding common business negotiation pitfalls when you download, BATNA Basics: Boost Your Power at the Bargaining Table, a FREE special report from the Program on Negotiation at Harvard Law School.

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.

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Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under Executive Education Seminars (3 Day Courses), executive training.

Negotiation and Leadership Dealing With Difficult People and Problems April 11-13, 2016 | May 16-18, 2016 | June 20-22, 2016

Become a More Effective Negotiator Great leaders are great negotiators. By equipping you with the innovative negotiation strategies you need to excel at the bargaining table, Negotiation and Leadership will help you:

Improve working … Read More 

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Job Negotiation, The

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Jennie Hatch & Kessely Hong A three-party employment negotiation involving a mid-career student negotiating two job offers via email at the same time. … Read More 

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Dioxin – Waste to Energy Game

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Denise Madigan, Steve Foster, and Lawrence Susskind Six-party, multi-issue negotiation among four scientists, a city representative, and an environmentalist to develop the city’s solid waste management strategy; also known as: Dioxin: Resource Recovery. … Read More 

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West Wind in Pine Hills

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A 2-participant, 2-issue, scorable negotiation between a wind company rep and a rural community rep about a proposed wind turbine project … Read More 

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Sally Soprano: Role-Play Simulation

Posted by & filed under Free Report.

Sally Soprano is a distinguished soprano who is now somewhat past her prime. She has not had a lead role in two years but would like to revive her career. The Lyric Opera has a production scheduled to open in three weeks, but its lead soprano has become unavailable. Lyric’s representative has requested a meeting … Read More 

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In Negotiations with Ben Affleck, No Appealing BATNA

Posted by & filed under BATNA.

In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. Having a strong outside alternative enables you to walk away from a deal that doesn’t meet your needs or that would compromise your vision or ethics. But when you are dealing with a negotiating partner who seems irreplaceable, … Read More 

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Negotiating with the Ministry of Health

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Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada. … Read More 

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Top 10 Celebrity Negotiations of 2015

Posted by & filed under Negotiation Skills.

Here are the top 10 celebrity negotiations for the year 2015. From integrative bargaining strategies to building bridges with counterparts in contentious talks, these negotiation scenarios demonstrate the effectiveness of collaborative, win-win negotiation tactics. … Read More 

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Negotiating with Another Federal Agency

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Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada. … Read More 

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Negotiating About Pandas for San Diego Zoo

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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, … Read More 

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Consultant, The

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Michael Wheeler Two-party, multi-issue negotiation in which the parties are at an apparent impasse: the most one party can pay is substantially less than the least the other party can accept. … Read More 

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How Knowing Its BATNA and Integrative Negotiation Strategies Helped the European Union Manage a Difficult Negotiator Like Putin

Posted by & filed under BATNA.

In negotiation, we are often confronted with the task of dealing with difficult people—those who seem to prefer to set up roadblocks rather than break down walls, or who choose to take hardline stances rather than seeking common ground. How can you deal with such difficult people? One tactic you might consider is avoiding the conversation altogether … Read More 

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Negotiation Strategies for Mutual Gain

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This volume is a collection of essays which present key concepts and strategies intended to promote effective negotiation and mutually beneficial dispute resolution. This book is for people in all fields who need to deal with conflict and resolve issues on a continual basis. The book assumes that conflicts, managed well, can provide the impetus … Read More 

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What is Your BATNA and How to Use Negotiations to Create Win-Win Scenarios in Business

Posted by & filed under BATNA.

What is BATNA? Negotiations in which each counterpart has a best alternative to a negotiated agreement are scenarios in which the incentive to work together must exceed the value of alternatives away from the negotiation table. One negotiation example, labor strikes highlight common conflict resolution pitfalls. The latter half of 2012 saw a slew of labor … Read More 

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Top 10 Worst Negotiation Tactics of 2015

Posted by & filed under Negotiation Skills.

Here is a list of the top 10 worst negotiation tactics used during 2015. From hard-bargaining strategies to lack of any strategy whatsoever, these tactics did little to insure a viable negotiated agreement and may have prevented the creation of such an agreement. … Read More 

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Williams Medical Center

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Eileen Babbitt and Lawrence Susskind Five-party negotiation among representatives of pharmacists, physicians, nurses, and administrators to develop recommended changes to the drug prescription policy of a large metropolitan teaching hospital … Read More 

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Are You Your Own Worst Enemy?

Posted by & filed under Teaching Negotiation.

Q&A with William Ury, author of the new book, Getting To Yes With Yourself We recently interviewed William Ury, co-founder of Harvard’s Program on Negotiation, one of the world’s leading experts on negotiation, and bestselling author of Getting to Yes and Getting Past No, about his new book, Getting To Yes With Yourself. Great negotiators know that … Read More 

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Welding Connection

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Marjorie Corman Aaron and Jim Lawrence Four-person grievance mediation among counsel for a welding company, a union representative, and a discharged employee over the legitimacy of the discharge, which was based on a positive drug test … Read More 

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Water on the West Bank

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Susan Podziba and Lawrence Susskind Seven-person, four-issue mediation among three Israeli water authority and regional representatives and three Palestinian water authority and political representatives over plans to drill a new well on the West Bank … Read More 

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Trademore Personnel

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Lawrence Susskind and Bruce Patton Three-person, integrative, facilitated negotiation with two department heads and a Human Resources observer/facilitator regarding the possible transfer of an employee from one department to the other … Read More 

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BATNA Examples – Resurrecting a Deal at the Negotiation Table

Posted by & filed under BATNA.

What should a business negotiator do when she feels that her BATNA is weak or that the only issues on the bargaining table involve issues of price, or “haggling” scenarios? In this article, the Program on Negotiation offers business negotiation tips for negotiators grappling with a “weak BATNA.” … Read More 

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TownCenter.com

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Eric Gould and Michelle Easter Two-party negotiation between a start-up company owner and a marketing firm over the potential sale of an internet domain name … Read More 

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Three-Party Coalition Exercise

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Lawrence Susskind Short three-party scoreable negotiation among representatives of three organizations over the integrative and distributive aspects of a possible 2- or 3-party coalition … Read More 

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Theotis Wiley

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Jake Erhard, under the supervision of Robert Bordone Two-party integrative negotiation between agents for a basketball player and a shoe manufacturer over a possible sneaker endorsement deal … Read More 

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Terminal Lighting Problems

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Marjorie Corman Aaron and JAMS/ Endispute Two-party integrative negotiation between a contractor and an airport client regarding the delayed installation of lighting fixtures … Read More 

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Teflex Products

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Lawrence Susskind and James Lawrence Five-party, multi-issue negotiation among representatives of a pharmaceutical company, a medical drug manufacturer, and three consumer organizations over the delayed release of a new drug … Read More 

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Super Slipster

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Matt Smith under the supervision of Robert C. Bordone, with revisions by Michael Moffitt Two-party personal injury settlement negotiation between the attorney for the injured plaintiff and general counsel for the defendant toy manufacturing company … Read More 

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Social Services

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Denise Madigan Three-party scoreable negotiation among three non-profit social service providers over whether to apply for funding in a consortium of two or three; variation of Three-Party Coalition Exercise … Read More 

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Negotiating for Continuous Improvement: Use a Negotiation Preparation Worksheet

Posted by & filed under Negotiation Training.

Negotiation preparation is as much an organizational task as an individual one. For example, when determining their best alternative to a negotiated agreement or BATNA (the point at which the negotiators ought to walk away from the table), executives should check in with key organizational leaders. If senior managers are unwilling to invest time … Read More 

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Ship Bumping Case

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Andrew Clarkson Two-party international negotiation between Russian and U.S. negotiators over a naval incident; teams internally prepare instructions for a representative not involved in the preparation … Read More 

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Sally Soprano II

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Wayne 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. … Read More 

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Rockwell Quarry

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Todd 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 canyon … Read More 

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Radwaste II

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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 disposal … Read More 

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Radwaste I

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Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle Seven-party, multi-issue, scoreable negotiation among regulatory, environmental, tribal, local government, and industry representatives to choose criteria for selecting a low-level radioactive waste disposal site … Read More 

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PowerScreen Problem

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Bruce 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 developed … Read More 

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People v. Malvenue

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Ron Karp and Bruce Patton Two-party plea bargaining negotiation between a prosecutor and the court-appointed defender for a man accused of abusing his wife, who refuses to sign the complaint against him … Read More 

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Dealmaking in Negotiation: Six Strategies for Creating Value at the Negotiation Table

Posted by & filed under Dealmaking.

Negotiation topics in business: In today’s market, consumers are often the more powerful parties in negotiations with sellers. To claim the most value in your next haggling experience, use the following six negotiation strategies. 1. Explore your alternatives (and know your best alternative to a negotiated agreement, or BATNA). Sometimes business negotiation opportunities pop up on the fly, … Read More 

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Ocean Splash

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The 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 walk … Read More 

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New Crimea Prison Overcrowding Simulation

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Susan Podziba and Lawrence Susskind Eight-party, multi-issue negotiation among prison administrators, government leaders, criminal justice advocates, and prisoners’ rights advocates to develop recommendations for a comprehensive state policy to alleviate prison overcrowding … Read More 

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Edward Snowden Tries to Negotiate Around His Bad BATNA

Posted by & filed under BATNA.

Can a bad BATNA prevent Edward Snowden from engaging in win-win negotiations with the US government? In this article we examine a negotiation case study involving one of the world’s most prominent advocates for government transparency and his attempts at bridging the gap between himself and the US government. … Read More 

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Negotiated Development in Redstone

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Lawrence 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 project … Read More 

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Characteristics of Negotiation Styles: Are You Ready to Negotiate?

Posted by & filed under Negotiation Skills.

Characteristics of Negotiation Styles “Winging it” is a fine approach to life’s minor decisions, but in negotiation, it can be disastrous. Follow these three preparation steps and improve your agreements. You set up the contract renegotiation with a key client months ago. You had every intention of gathering a range of information to establish realistic goals and … Read More 

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Nazi Party of America v. Town of Hokey

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Bruce Patton Two-party highly political negotiation between a lawyer for Nazi convention organizers and a town attorney a permit application for a Nazi Party parade in a Jewish neighborhood … Read More 

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Win-Win Negotiation with Bethenny Frankel

Posted by & filed under Business Negotiations.

In this negotiation scenario straight from reality television, Lu Ann de Lesseps, Ramona Singer, and Sonja Morgan test their negotiating prowess against reality tv network Bravo in their contract renewal renegotiations. Skinnygirl mogul and financial whiz kid, Bethenny Frankel, offers a template for bargaining for success on reality tv and beyond. … Read More 

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Mountain View Farm

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Roger 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 land … Read More 

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Monroe Energy Assistance Game I

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Allan 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 residents … Read More 

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Meridia and Petrocentram

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Abram 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 project … Read More 

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MESO Negotiation: Learn from a Seller’s Market

Posted by & filed under Dealmaking.

What negotiating skills and negotiation tactics can bargainers take from a seller’s market or a situation in which buyers are at a distinct bargaining disadvantage? Learn how to stand out in competitive negotiation scenarios. … Read More 

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MAPO – Administration Negotiation

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Mark Gordon, Elizabeth Gray, Tim Rieser, and Lynn Gerber Two-team, multi-issue collective bargaining negotiation between three police union representatives and three municipal representatives over police salaries, benefits, and working conditions … Read More 

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Least-Cost Planning Exercise

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Clinton Andrews and Lavinia Hall Six-party, multi-issue mediation among electric utilities, consumer interests, environmentalists, and mediator with technical expertise, over the best way to meet increased demands for electricity … Read More 

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Types of Power in Negotiation

Posted by & filed under Negotiation Skills.

Social psychologists have described types of power that exist in society, and these types of power emerge in negotiation as well. Two types of power spring from objective features of the bargaining process. … Read More 

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Law Library, The

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John 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 books … Read More 

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Best-In-Class Negotiation Case Studies

Posted by & filed under Teaching Negotiation.

What’s one of the best ways to teach the art and science of negotiation? Case studies and articles that spark lively discussion or facilitate self-reflection. Based on real-world examples, these teaching resources are designed to help students envision how to apply what they’ve learned in the classroom and beyond. The Teaching Negotiation Resource Center (TNRC) at … Read More 

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Lake Wasota Fishing Rights

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Denise 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 lake … Read More 

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Using Negotiation Games To Develop Skills for Commercial Dispute Resolution

Posted by & filed under Teaching Negotiation.

Private sector or commercial negotiations can range from relatively straightforward, high-stakes contract negotiations between suppliers and distributors to complex, multiparty negotiations between government, industry, and other interest groups. By honing their skills and more effectively engaging in negotiations, firms can positively influence their bottom line. Likewise, government officials and other stakeholders will achieve better outcomes … Read More 

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Kelly Corporation, The

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Ron Karp and Bruce Patton Three-party brief negotiation among a supervisor and two employees who are each asking for a raise … Read More 

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Kaotian Crisis

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Bruce Patton Two-team, ten-party international crisis negotiation between U.S. and “Kaotian” military and security officials to address Kaotian seizure of an American vessel and the ensuing military crisis … Read More 

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Harborco

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Denise 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 port … Read More 

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What Can An Opera Singer Teach You About Negotiation?

Posted by & filed under Teaching Negotiation.

A distinguished older soprano, Sally has not had a lead role in two years. However, when another soprano falls ill, the Lyric Opera is eager to hire Sally…but at what price? Sally Soprano is one of the best-known role-play simulations from the Program on Negotiation’s Teaching Negotiation Resource Center (TNRC). And it’s a classic for good … Read More 

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Guatemala Role Play, The

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Michael Maturo, Kate Mahoney, Francisco Ingouville and Anthony Wanis St. John, under the direction of David Fairman Six-person mediated negotiation among representatives of the Guatemalan government, military, rebel groups, indigenous people, and U.S. government to address post-armed-conflict human rights, land claims, and cultural and political rights issues … Read More 

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Why is Negotiation Important in Business? Salary Negotiations and Setting Standards at the Negotiation Table

Posted by & filed under Business Negotiations.

Why is negotiation important in business? It is the foundation for a successful business career, no matter what the field, impacting everything from purchasing supplies from vendors to determining compensation for employees. Here are some negotiating skills and negotiation tactics from negotiation examples in real life analyzed by Jeswald Salacuse. … Read More 

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GE International Contract

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Duncan 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 services … Read More 

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Fishladder Claim

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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 contractor … Read More 

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First City Bank and the Press

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Jeffrey Litwak and Lawrence Susskind Six-party negotiation among lending institution representatives, community leaders, a contractors’ association, and the mayor’s office to develop a public relations strategy and solutions to a foreclosure crisis caused by a widespread mortgage scam … Read More 

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Gender Discrimination: How to Reach a Negotiated Agreement

Posted by & filed under Teaching Negotiation.

As you know, gender stereotypes often enter the negotiation process. Women and men are perceived to, and often do, act differently in negotiations. Furthermore, gender-based discrimination—such as less pay, unequal treatment, and sexual harassment—is often a source of conflict. With the resources available through the Teaching Negotiation Resource Center (TNRC), professionals can learn how to … Read More 

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Farrakhan Negotiation, The

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Eric Collins Five-person, multi-issue negotiation among university administrators and student organizers over cost and arrangements for a controversial figure to speak on campus … Read More 

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VIDEO: William Ury on “Getting to Yes with Yourself”

Posted by & filed under Negotiation Skills, Videos.

On January 22nd, 2015, the Program on Negotiation was pleased to welcome back William Ury to Harvard Law School. Ury, a founding member of the Program on Negotiation and co-author of the seminal book Getting to Yes, spoke about his latest book, Getting to Yes with Yourself (and Other Worthy Opponents). Over 250 community members, students, … Read More 

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Ellsworth v. Ellsworth

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Frank Sander, Michael Wheeler and William Ury Two-party, multi-issue negotiation between lawyers for a divorcing couple over the terms of the divorce, including alimony, child support, and income tax issues … Read More 

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Deal Negotiation and Dealmaking: What to Do On Your Own

Posted by & filed under Dealmaking.

Six negotiation skills tips for negotiators seeking to creative value during their next round at the bargaining table. Business negotiators are often faced with the complex task of coordinating multiple parties – here are some tips for the individual business negotiator on how to achieve success in her next deal negotiation. … Read More 

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Eazy’s Garage

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Bruce Patton (adapted by Sheila Heen) Four-party, two-stage negotiation between an auto mechanic and a client and their respective attorneys over a disputed repair bill; first stage involves lawyer-client interviews and second stage involves negotiation … Read More 

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Star Wars Stories: George Lucas and a Strong BATNA, Passed Over

Posted by & filed under BATNA.

In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. When you are aware that you have an appealing alternative deal to the one you’re working on, you will be less tempted to accept an agreement that doesn’t meet your minimum requirements. A strong BATNA gives you … Read More 

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Discount Marketplace and Hawkins Development

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Lawrence Bacow Two-party negotiation between a shopping center developer and a prospective anchor tenant over the terms of the proposed lease’s “use, assignment, and subletting” clause … Read More 

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Dirty Laundry

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Pat Aaron Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts … Read More 

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How Negotiation Examples Can Help You Become A Better Mediator

Posted by & filed under Teaching Negotiation.

When opposing parties cannot come to a satisfactory resolution, a strong mediator can make all the difference. By effectively examining the issues at hand and helping parties identify creative solutions, a well-trained mediator builds consensus where there once was none. To help professionals learn the art of mediation, the Program on Negotiation’s Teaching Negotiation Resource Center … Read More 

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Deke Slims’ Silver Dollars

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Ron Karp and Bruce Patton Three-person distributive exercise consisting of two separate two-party negotiations between the representative of an estate and two separate coin dealers over the price of a silver coin collection large enough to affect the silver market … Read More 

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For Bank of America, Dealmaking to Turn the Page

Posted by & filed under Dealmaking.

Negotiation often marks a new beginning: of a partnership, a project, or employment relationship. At other times, the goal of dealmaking is as much about reaching an ending as it is about moving forward. That’s the attitude with which Bank of America wrapped up its settlement negotiations with the Department of Justice (DOJ) last month. For … Read More 

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DEC v. Riverside

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David Lax, James Sebenius, Lawrence Susskind, and Thomas Weeks Two-party, multi-issue, scoreable negotiation between a manufacturer and a state environmental agency to reach a settlement over the manufacturer’s pollution of a local river … Read More 

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Costless Warehouse

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Joe Voyticky Four- or five-person negotiation to settle an employee’s claim of discriminatory firing and employer’s claim of illegal conduct; negotiators represent each party, with optional fifth role who knows confidential details of each party’s case … Read More 

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Bullard Houses Role-Play Simulation Helps Researchers Explore Gender Inequality

Posted by & filed under Teaching Negotiation.

In a recent Slate.com article, writer and PhD in Psychology Jane Hu described the findings of a research study by Professor Laura J. Kray, University of California, Berkeley. Kray, along with co-authors Jessica Kennedy, PhD, and Alex Van Zant, PhD, investigated the role gender played in negotiation and focused specifically on whether the stereotype of … Read More 

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Contract Negotiations in the Building Trades

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Lawrence Susskind Nine-party, multi-issue contract negotiation among three coalitions involved in the building trades; includes internal coalition meetings before the external negotiations … Read More 

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Construction in Bunyonville

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Bruce Patton Six-person, multi-issue mediation between two construction company representatives and two neighborhood residents over a construction project’s safety and noise issues; mediated by two representatives of the bank financing the construction … Read More 

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For Detroit Pensioners, Dispute Resolution Pays Off

Posted by & filed under Dispute Resolution.

On April 15, Detroit city employees and retirees breathed a huge sigh of relief after the city’s emergency manager and its pension fund managers reached a deal that would significantly reduce proposed cuts to pension benefits, CNNMoney reports. Some civilian workers will face a 4.5% reduction in pensions and lose cost-of-living adjustments. Retired public-safety workers … Read More 

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Colortek Job

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Deborah Kolb Two-party, multi-issue integrative negotiation between a corporate VP and a prospective employee over salary and other terms of hire … Read More 

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Chestnut Drive

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Bruce Patton and Mark Gordon Six-party, multi-issue, intra-group negotiation among neighbors in preparation for an external negotiation regarding a local construction project … Read More 

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The Dell Buyout: Michael Dell Weighs His BATNA

Posted by & filed under BATNA.

In negotiation, your best source of power typically is your “best alternative to a negotiated agreement,” or BATNA. By cultivating appealing options away from the table, you free yourself up to walk away in the event of a disappointing deal. In all likelihood, Dell Inc. founder Michael Dell found himself facing such a BATNA analysis in … Read More 

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Changing Times for the Senior Center in Redwood Hills

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Connie Ozawa Multi-party, multi-issue facilitated negotiation for five or six players representing civic and business leaders and owner of a senior center regarding the expansion of other groups’ use of the center … Read More 

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Carter Estate Problem, The

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Mark Drooks, Andrew Tavel, Kenneth Hyatt, Mark Gordon, and Bruce Patton Two-party, multi-issue integrative negotiation between brothers over the settlement of their father’s estate … Read More 

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Crisis Negotiations – Rolling the Dice in Court

Posted by & filed under Negotiation Skills.

Going to trial, it’s said, is like rolling the dice. That proved true 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 differences over a procedural issue. The lawyers were stalemated on where to depose a witness … Read More 

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Bunyon Brothers

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Mark Gordon, Elizabeth Gray, and Bruce Patton Three-party, multi-issue internal corporate negotiation in preparation for external negotiation with community representatives … Read More 

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Winning at “Win-Win”

Posted by & filed under Daily, Negotiation Skills.

Lawrence Susskind (Ford Professor of Urban and Environmental Planning, Massachusetts Institute of Technology) “Win-win” has become a popular term in the field of negotiation, but many people have mis-perceptions about what it actually means. In this blog post, Professor Lawrence Susskind, a member of PON’s Executive Committee, clarifies that a “win-win” negotiated outcome is … Read More 

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Bullard Houses

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Ron Karp, David Gold and Mox Tan Two-party, multi-issue real estate negotiation between representatives for a buyer and seller, where BATNAs are important … Read More 

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Get Ready for Team Talks

Posted by & filed under Daily, Mediation.

Adapted from “Strength in Numbers: Negotiating as a Team,” by Elizabeth A. Mannix (professor, Cornell University), first published in the Negotiation newsletter, May 2005. The widespread belief in “strength in numbers” suggests that having more players on your team should be a benefit, not a burden. But this belief can lead team members to underprepare … Read More 

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Broken Benches

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Author(s): Marjorie Corman Aaron and JAMS/Endispute Four-person mediation and/or arbitration of a personal injury claim, among plaintiff, plaintiff’s lawyer, and counsel for defendant’s insurance company; arbitrator roles include possible plaintiff or defense bias … Read More 

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Why Classic Cases?

Posted by & filed under Daily, Negotiation Skills, Pedagogy at the Program on Negotiation (Pedagogy @ PON).

Why are some negotiation exercises still used in a great many university classes even twenty years after they were written? In an effort to understand more about the enduring quality of some classic teaching materials, we asked faculty affiliated with PON to explain why they think some role play simulations remain bestsellers in the Clearinghouse … Read More 

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Bradford Development

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Michael Wheeler Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues … Read More 

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Keeping Your Options Alive

Posted by & filed under Daily, Negotiation Skills.

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 … Read More 

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Book Contract, The

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Michael Wheeler Two-party, single-issue distributive negotiation between a publisher and a literary agent over the advance payment for the agent’s unpublished but very promising client … Read More 

Daily

When “fairness” is a distraction

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Adapted from “Accept or Reject?” by Deepak Malhotra (professor, Harvard Business School), first published in the Negotiation newsletter.

Negotiators usually have strong feelings about fairness. Unfortunately, our fairness perceptions tend to be biased in a self-serving manner. Research has shown that, at the end of a negotiation, most people feel they were more cooperative … Read More 

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Big Pipeline in Swagwit

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Kelly Davenport, Pat Field and Lawrence Susskind Two-party, two-issue integrative negotiation between representatives of a construction company and a Native American group regarding allocation of construction jobs … Read More 

Daily

Gain greater leverage with sole suppliers

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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 … Read More 

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Bankruptcy Multiparty Negotiation Simulation

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James Emerson with Ben Longoria, under the supervision of Professors Robert Mnookin and Lawrence Susskind This exercise is a six-party simulation of multiparty negotiations in a bankruptcy (reorganization) and mass torts context. The simulation represents a … … Read More 

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Bakra Beverage

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Dan Vogel, under the supervision of Robert Bordone and Gillien Todd … Read More 

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Arms Control on Cobia

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P. Terrance Hopmann Multi-issue arms control negotiation among representatives of eight fictional countries … Read More 

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Aerospace Investment

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Nicholas Sabin Two-party term sheet negotiation between a venture capitalist and the founder of an aerospace start-up company in which participants are scored both on their substantive performance and on the other party’s perception of the relationship … Read More 

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Ad Sales, Inc.

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Lawrence Susskind Six-party, multi-issue contract negotiation between management and union members of a publishing firm … Read More 

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Rushing River Cleanup

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Bruce 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 Exercise … Read More 

Product

Parking Facility Venture

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Michael Wheeler Three-party scoreable negotiation among three firms regarding the joint construction of an off-street parking facility; variation of “Three-Party Coalition” … Read More 

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Parker-Gibson

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Michael Wheeler Two-party, single-issue distributive negotiation between two neighbors regarding the potential sale of a vacant lot; refinement of Appleton-Baker … Read More 

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Managing Growth in Rockville

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Armand Ciccarelli and Lawrence Susskind Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning … Read More 

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Jerry

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Ron Karp and Bruce Patton Two-party conversation between an employee and his supervisor regarding the employee’s recent poor job performance and potential termination … Read More 

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Jefferson Hazardous Waste Negotiation

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Vicki Arroyo and Lawrence Susskind Eight-party, five-issue negotiation among community, environmental, business, and government interests over the formulation of a statewide hazardous waste siting policy … Read More 

Product

Eazy’s Garage

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Bruce Patton Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill … Read More 

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Chestnut Village

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Thomas Wiegand Multi-party, multi-issue negotiation between 3-4 construction company representatives and 5-6 neighborhood representatives over safety and nuisance complaints regarding a local construction project; internal team meetings precede external negotiations … Read More 

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Casino

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Sheila Heen, Scott Peppet and John Richardson Two-party intra-organizational discussion between a newly-promoted manager and her division vice-president over work performance, responsibility for a new computer game project, and office environment issues … Read More 

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Axis Affair

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Anita Ramasastry and Erin Monaghan Two-party negotiation between attorneys for a male executive and a recently terminated female employee regarding allegations of sexual harassment and gender discrimination … Read More 

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Bamara Border Dispute

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Michael D. Landry Two-team, multi-issue negotiation between representatives of two fictional countries regarding a disputed border and a military stand-off … Read More 

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Global Management of Organochlorines

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Lawrence Susskind, Sarah McKearnan, Mike Gordon, Adil Najam, Joshua Secunda, Granville Sewell, Parag Shah and Andrea Strimling Thirteen-person, multi-issue facilitated negotiation among eight country representatives, four NGO representatives, and a working group chairperson must draft a treaty aimed at reducing harmful organochlorines; also known as “Chlorine Game” … Read More 

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Blender, The

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Bruce Patton Two-party, single-issue negotiation between a customer and a department store clerk about the return of a defective blender … Read More 

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67 Fish Pond Lane

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Elizabeth Gray, Mark Gordon and Bruce Patton Two-party distributive and potentially integrative negotiation between principals over the sale of a house … Read More 

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Sally Soprano I

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Norbert Jacker and Mark Gordon Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production … Read More 

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Bentley Convertible

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Roger Fisher and Bruce Patton Two-party distributive negotiation over the sale of a rare automobile … Read More