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.

The following items are tagged BATNA

Daily

Courses and Training

Getting to YES with Yourself – NEW!

Posted by & filed under 1 Day Courses, executive training.

How can you say “No” to customers – external or internal – who are pressing you to do something not in your organization’s interest? How can you say “No” to an overly demanding employee or a demanding boss without hurting a valuable relationship? How can you save the deal and the relationship and … Read More 

Product

Job Negotiation, The

Posted by & filed under .

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 

Free Report

Daily

Negotiating Skills and Negotiation Tactics – Developing Skills for Commercial Dispute Resolution Using Negotiation Games

Posted by & filed under Teaching Negotiation.

Negotiation Games: Teaching Tools for Resolving Commercial Disputes and Developing Your Negotiating Skills and Negotiation Tactics 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 … Read More 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

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

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

Product

Dioxin – Waste to Energy Game

Posted by & filed under .

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 

Free Report

Daily

Product

West Wind in Pine Hills

Posted by & filed under .

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 

Free Report

Daily

Product

Negotiating with the Ministry of Health

Posted by & filed under .

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 

Free Report

Harborco: Role-Play Simulation

Posted by & filed under Free Report.

Harborco is a consortium of development, industrial, and shipping concerns that are eager to proceed with the building of a new port, but face hurdles and potential opposition as they advance through the licensing process. The Federal Licensing Agency would like to see them work with other stakeholders to develop a project that is acceptable … Read More 

Daily

Why Is Sincerity Important? How to Avoid Deception in Negotiation

Posted by & filed under Conflict Resolution.

Why is sincerity important at the bargaining table and how do negotiators avoid deception in negotiations? Your counterpart may not realize that her behavior is unethical, and even when she does, she may justify her behavior as being ethical in this particular case. What unethical behavior? Ethical dilemmas often are more obvious to passive observers than to … Read More 

Product

Negotiating with Another Federal Agency

Posted by & filed under .

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 

Free Report

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 

Daily

Product

Negotiating About Pandas for San Diego Zoo

Posted by & filed under .

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 

Daily

The Leadership Skills of Late Night

Posted by & filed under Leadership Skills.

Selecting the right person for a challenging job is often more than just a hiring decision. It’s a negotiation. Doing it well requires exceptional leadership skills. Nowhere is this clearer than in late night television. Last year, Jay Leno left The Tonight Show. In mid-May David Letterman followed suit and in two months, Jon Stewart … Read More 

Product

Consultant, The

Posted by & filed under .

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 

Daily

Negotiation Topics in Business: Six Negotiation Strategies for Integrative Negotiations Involving Haggling

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 

Product

Daily

Product

Negotiation Strategies for Mutual Gain

Posted by & filed under .

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 

Daily

Product

Daily

Product

Williams Medical Center

Posted by & filed under .

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 

Daily

BATNA Negotiations: Power in Negotiations

Posted by & filed under BATNA.

Sources of power at the negotiation table involve information and in BATNA negotiations, knowledge of that alternative to a negotiated agreement is a source of power during negotiation scenarios … Read More 

Product

Welding Connection

Posted by & filed under .

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 

Daily

Product

Water on the West Bank

Posted by & filed under .

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 

Daily

Product

Trademore Personnel

Posted by & filed under .

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 

Daily

Product

TownCenter.com

Posted by & filed under .

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 

Daily

Product

Three-Party Coalition Exercise

Posted by & filed under .

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 

Daily

Product

Theotis Wiley

Posted by & filed under .

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 

Daily

Product

Terminal Lighting Problems

Posted by & filed under .

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 

Daily

Product

Teflex Products

Posted by & filed under .

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 

Daily

Product

Super Slipster

Posted by & filed under .

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 

Daily

Leadership Qualities for a Negotiation in Crisis

Posted by & filed under Leadership Skills.

The prospect of a Greek default on its euro-denominated debt has negotiators in Europe scrambling to come up with yet another negotiated agreement to stave off bankruptcy and financial chaos. What negotiation strategies and leadership qualities have the euro-zone leaders shown during the Greek financial crisis? … Read More 

Product

Social Services

Posted by & filed under .

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 

Daily

Product

Daily

Product

Ship Bumping Case

Posted by & filed under .

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 

Daily

Product

Sally Soprano II

Posted by & filed under .

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 

Daily

Product

Rockwell Quarry

Posted by & filed under .

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 

Daily

Product

Radwaste II

Posted by & filed under .

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 

Daily

Product

Radwaste I

Posted by & filed under .

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 

Daily

Product

PowerScreen Problem

Posted by & filed under .

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 

Daily

Product

People v. Malvenue

Posted by & filed under .

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 

Daily

Product

Ocean Splash

Posted by & filed under .

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 

Daily

BATNA Negotiation Allowed European Union to Handle 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 

Product

New Crimea Prison Overcrowding Simulation

Posted by & filed under .

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 

Daily

The Forces Behind Deception in Job Offer Negotiations

Posted by & filed under BATNA.

Despite your best intentions, one or more of these four forces might lead you to behave unethically during job offer negotiations: 1. The Lure of Temptation Whether or not negotiators lie depends in part on how lucrative the rewards are, Ann E. Tenbrunsel has found in her research. … Read More 

Product

Daily

Blessing or Curse: The Real Estate Right of First Refusal

Posted by & filed under Business Negotiations.

When transferring property, sellers sometimes insist on real estate rights of first refusal – the chance to be first in line to repurchase the property if their buyer later decides to sell. Rights of first refusal can be obvious advantages if your financial circumstances later change. If you’re keeping adjoining land, you may wish to … Read More 

Product

Negotiated Development in Redstone

Posted by & filed under .

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 

Daily

Product

Nazi Party of America v. Town of Hokey

Posted by & filed under .

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 

Daily

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 highly anticipated new book, Getting To Yes With Yourself. Great negotiators … Read More 

Product

Mountain View Farm

Posted by & filed under .

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 

Daily

BATNA Negotiation Example: Making a Bad BATNA Even Worse

Posted by & filed under BATNA.

Here’s a sobering BATNA negotiation example. On Oct. 31, 2013, Time Warner Cable reported a huge quarterly loss of television subscribers, the largest in its history: 306,000 of its 11.7 million subscribers dropped the company, the New York Times reported. … Read More 

Product

Monroe Energy Assistance Game I

Posted by & filed under .

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 

Daily

These Examples Illustrate the Importance of Negotiation in Business

Posted by & filed under Business Negotiations.

A number of noteworthy disputes among businesses, organizations, and individuals made headlines in 2013 and demonstrate the importance of negotiation in business. We point out the negotiation angles behind stories first reported by the New York Times, the Wall Street Journal, and other media outlets. Keep an eye out for common themes among these top … Read More 

Product

Meridia and Petrocentram

Posted by & filed under .

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 

Daily

Hostage Negotiation Tips for Business Negotiators

Posted by & filed under Conflict Resolution.

Upset by a delay in the delivery of one of your products, a longtime buyer threatens to turn to the media unless you meet his extreme demands. Not only is the relationship in jeopardy, but your company’s reputation seems to be as well. What should you do? Turn to some tried and true hostage negotiation … Read More 

Product

MAPO – Administration Negotiation

Posted by & filed under .

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 

Daily

Product

Daily

Understanding Exclusive Negotiation Periods

Posted by & filed under Dealmaking.

The clearest method for achieving exclusivity is an exclusive negotiating period, during which both sides agree not to talk to third parties, even if approached unexpectedly by others. In some arenas, these terms are called no-talk periods. … Read More 

Product

Least-Cost Planning Exercise

Posted by & filed under .

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 

Daily

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 

Product

Law Library, The

Posted by & filed under .

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 

Daily

Product

Lake Wasota Fishing Rights

Posted by & filed under .

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 

Daily

Product

Kelly Corporation, The

Posted by & filed under .

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

Daily

Product

Kaotian Crisis

Posted by & filed under .

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 

Daily

Negotiation and Leadership Skills: Jerry Brown Re-Frames a Deal at High Speed

Posted by & filed under Leadership Skills.

Negotiation skills and leadership techniques often go hand-in-hand in creating win-win deals for negotiators and their counterparts. In trying to fund the US’ first-ever high-speed rail line in California, Democrat Jerry Brown has employed a variety of different negotiation strategies and leadership styles to bring the parties to the table to work towards an agreement. … Read More 

Product

Harborco

Posted by & filed under .

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 

Daily

Dealing with Gender Discrimination

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 

Product

Guatemala Role Play, The

Posted by & filed under .

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 

Daily

Negotiation Simulations With Global Impact

Posted by & filed under Teaching Negotiation.

International law and diplomacy is a rapidly evolving field that depends on the brokering of agreements between nations and other stakeholders. Whether there are language barriers, cultural differences, or both, some of the most challenging negotiations involve parties from different nations. Because of the relative lack of clear legal precedents and the difficulties of enforcement, … Read More 

Product

GE International Contract

Posted by & filed under .

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 

Daily

Medical Negotiations: Dealing With Life, Death, and Consequences

Posted by & filed under Teaching Negotiation.

Healthcare is one of the largest industries globally, with billions of dollars spent on treatments and research. While healthcare is definitely a “big business,” medical disputes can deeply affect people’s personal lives. The fact that life and death are actual issues in many medical negotiations means the stakes are even higher. To enable participants to gain … Read More 

Product

Fishladder Claim

Posted by & filed under .

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 

Daily

Product

First City Bank and the Press

Posted by & filed under .

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 

Daily

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 

Product

Farrakhan Negotiation, The

Posted by & filed under .

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 

Daily

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 

Product

Ellsworth v. Ellsworth

Posted by & filed under .

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 

Daily

BATNA: Bringing a Deal Out of the Gutter

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 

Product

Eazy’s Garage

Posted by & filed under .

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 

Daily

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 

Product

Discount Marketplace and Hawkins Development

Posted by & filed under .

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 

Daily

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 

Product

Dirty Laundry

Posted by & filed under .

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

Daily

Tough Negotiation Tips from Jennifer Aniston?

Posted by & filed under Negotiation Skills.

Fans of the television show Friends got a treat last month when Netflix made all 236 episodes of the blockbuster hit available to stream online. At first glance actors Lisa Kudrow, Jennifer Aniston and the rest of the star-studded cast might not be your first pick to peg as formidable negotiators, but at the height … Read More 

Product

Daily

Crossed Wires? Negotiation Games To Help Your Business Deal Sidestep Legal, Technical And Emotional Glitches

Posted by & filed under Teaching Negotiation.

What’s faster than the pace of technological development? The pace of lawsuits being filed about the adoption of new technologies, patent infringement, and intellectual property rights. In our modern world, professionals must be able to resolve highly challenging technology-related disputes – often before they reach the courtroom. That’s where the Program on Negotiation’s Teaching … Read More 

Product

Deke Slims’ Silver Dollars

Posted by & filed under .

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 

Daily

Product

DEC v. Riverside

Posted by & filed under .

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 

Daily

Merkel and Putin: A Study in Negotiation Style

Posted by & filed under International Negotiation.

At a January 8 press conference, German chancellor Angela Merkel dangled a carrot in front of Russian president Vladimir Putin: the possibility of a summit in Kazakhstan aimed at easing the Ukraine crisis, to be attended by her and the leaders of France and Ukraine. That carrot, however, was dangling from a significant string. For … Read More 

Product

Costless Warehouse

Posted by & filed under .

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 

Daily

Top 10 Worst Negotiations of 2014

Posted by & filed under Negotiation Skills.

Sometimes negotiators care so much about the issues at stake that they mistake compromise for surrender. Sometimes they’re so confident things will go their way they don’t try hard enough. Our list of the 10 Worst Negotiations of 2014 includes talks that failed for one or both of these reasons, as well as for numerous … Read More 

Product

Contract Negotiations in the Building Trades

Posted by & filed under .

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 

Daily

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 

Product

Construction in Bunyonville

Posted by & filed under .

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 

Daily

For Modern Farmer Magazine, a Bad BATNA

Posted by & filed under BATNA.

In business negotiations, our mistakes sometimes end up affecting not only the current deal, but our best alternative to a negotiated agreement, or BATNA, in deals that lie down the road. That’s a lesson that Ann Marie Gardner, the founder and editor of the hip new magazine Modern Farmer, has learned the hard way. After … Read More 

Product

Colortek Job

Posted by & filed under .

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 

Daily

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 

Product

Chestnut Drive

Posted by & filed under .

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 

Daily

Bridging the Cultural Divide in International Business Negotiations

Posted by & filed under Business Negotiations.

Question: Before taking my new job, I had 10 years of successful experience negotiating with suppliers all over the United States. The company I just joined sources materials and components from almost everywhere but the United States. What advice can you give me on negotiating with foreign suppliers? Program on Negotiation faculty member and negotiation … Read More 

Product

Changing Times for the Senior Center in Redwood Hills

Posted by & filed under .

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 

Daily

Dispute Resolution with Spotify? Taylor Swift Shakes It Off

Posted by & filed under Dispute Resolution.

In negotiation, our success often hinges on our bargaining power—which in turn can depend on forces beyond our control. That truism was highlighted in two recent disputes arising from business negotiations over the pricing of copyrighted material in the digital era, one from the music world, the other from publishing. First, country-music star Taylor Swift … Read More 

Product

Carter Estate Problem, The

Posted by & filed under .

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 

Daily

Teaching Negotiation: The Art of Case Study Writing

Posted by & filed under Teaching Negotiation.

Jim Sebenius, the Gordon Donaldson Professor of Business Administration at Harvard Business School, and Director of the Harvard Negotiation Project, addressed these questions in his presentation at the NP@PON Faculty Dinner Seminar on October 7, 2010. His article, “Developing Negotiation Case Studies,” began as a memo to a novice case writer about how to write … Read More 

Product

Bunyon Brothers

Posted by & filed under .

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

Daily

Product

Bullard Houses

Posted by & filed under .

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 

Daily

Product

Broken Benches

Posted by & filed under .

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 

Daily

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 

Product

Bradford Development

Posted by & filed under .

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 

Daily

Product

Book Contract, The

Posted by & filed under .

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

Win Win Negotiations: Can’t Beat Them? Join a Coalition

Posted by & filed under Win-Win Negotiations.

In 2006, representatives of wind-energy developers started knocking on the doors of Wyoming ranchers. They were seeking to persuade the ranchers to sell the rights to build wind turbines on their land, reporter Addie Goss recounted on National Public Radio. Typically, the developers build wind farms by leasing large blocks of land from many different landowners … Read More 

Product

Big Pipeline in Swagwit

Posted by & filed under .

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

Dealmaking: Are You Overly Committed to the Deal?

Posted by & filed under Dealmaking.

When you’re more tightly bound to an agreement than your counterpart is, trouble could follow. Manage your escalation of commitment—and level the playing field. Read the following three examples and notice the differing levels of commitment between the two negotiating parties. Consider these three real-life negotiating scenarios. … Read More 

Product

Bankruptcy Multiparty Negotiation Simulation

Posted by & filed under .

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 

Daily

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 

Product

Bakra Beverage

Posted by & filed under .

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

Daily

Exercising Its BATNA, American Apparel Ousts Dov Charney

Posted by & filed under BATNA.

On June 18, the board of retailer American Apparel informed the company’s controversial founder, Dov Charney, that it was ousting him from his roles as chairman and CEO. For years, Charney had fended off sexual-harrassment lawsuits and rumors of inappropriate behavior. But only when the company’s creditors grew anxious about its long-term liability did the … Read More 

Product

Arms Control on Cobia

Posted by & filed under .

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

Daily

Product

Aerospace Investment

Posted by & filed under .

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 

Daily

Product

Ad Sales, Inc.

Posted by & filed under .

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

Daily

Product

Rushing River Cleanup

Posted by & filed under .

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 

Daily

Product

Parking Facility Venture

Posted by & filed under .

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 

Daily

Dealing with Difficult People? Lessons from Ronald Reagan

Posted by & filed under Conflict Resolution.

In recent months, U.S. President Barack Obama and other world leaders have struggled to find a winning strategy to convince Russian President Vladimir Putin to back away from his aggressions toward Ukraine. In a Wall Street Journal editorial, Ken Adelman, U.S. President Ronald Reagan’s ambassador to the United Nations and arms-control director, writes that recently … Read More 

Product

Parker-Gibson

Posted by & filed under .

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 

Daily

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 

Product

Managing Growth in Rockville

Posted by & filed under .

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 

Daily

Negotiation Skills: Are You Really Ready to Negotiate?

Posted by & filed under Negotiation Skills.

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 assess the client’s needs, but short-term projects got in the way. Suddenly it’s the day before the first meeting. Aside from making a few phone calls and calculations, … Read More 

Product

Jerry

Posted by & filed under .

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 

Daily

Deal Making: When You Hold All the Cards

Posted by & filed under Dealmaking.

Consider the following hypothetical negotiation scenarios, in which you seem to hold all the cards: - One of your customers has just landed a lucrative new contract, and you’re the only supplier who can add a critical component to that customer’s production process. - You own a controlling interest in a publicly traded company and are seeking … Read More 

Product

Jefferson Hazardous Waste Negotiation

Posted by & filed under .

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 

Daily

Top 10 Negotiation Failures of 2013

Posted by & filed under Negotiation Skills.

Here’s a list of some of the most notable negotiation flops of the past year – from deals that were over before they started, to those that were botched at the table, to those that proved disastrous well after the ink had dried. … Read More 

Product

Eazy’s Garage

Posted by & filed under .

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

Daily

Product

Chestnut Village

Posted by & filed under .

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 

Daily

Program on Negotiation Faculty On How To End the US Government Shutdown

Posted by & filed under Conflict Resolution.

The Washington Post’s “On Leadership” column by Jenna McGregor asked renowned negotiation experts on how the government shutdown in Washington, DC could be ended at the bargaining table. Among the experts interviewed were Robert Mnookin, Chair of the Program on Negotiation at Harvard Law School (PON) and author of Bargaining With The Devil: When To Negotiate, … Read More 

Product

Casino

Posted by & filed under .

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 

Daily

Searching for a Debt Ceiling: Boehner’s Uncertain BATNA

Posted by & filed under BATNA.

As the U.S. government approaches a potentially catastrophic default on its debt in October, President Obama remains determined to avoid negotiations with Republican leaders on the issue, the New York Times reports, a situation that leaves House of Representatives Speaker John Boehner with an uncertain BATNA, or best alternative to a negotiated agreement. … Read More 

Product

Axis Affair

Posted by & filed under .

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 

Daily

South Korea Shows Off Savvy Negotiation Skills

Posted by & filed under Business Negotiations.

In negotiation, a combination of several negotiation skills and tactics may be needed to break past a difficult impasse. A recent protracted negotiation between North Korea and South Korea provides a case study. In April, North Korea abruptly removed its workforce from the Kaesong Industrial Complex, a joint venture it launched within its borders nine years … Read More 

Product

Bamara Border Dispute

Posted by & filed under .

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 

Daily

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 

Product

Global Management of Organochlorines

Posted by & filed under .

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 

Daily

Choosing When to Choose

Posted by & filed under Negotiation Skills.

When it comes to negotiation, the more choices on the table, the better your outcomes will be – right? Not necessarily. An excess of options can stand in the way off efficient agreements and, moreover, prevent you from being satisfied with the final result. … Read More 

Product

Blender, The

Posted by & filed under .

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

Daily

Product

67 Fish Pond Lane

Posted by & filed under .

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

Daily

Product

Sally Soprano I

Posted by & filed under .

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 

Daily

Product

Bentley Convertible

Posted by & filed under .

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

Daily

Wheelers and Dealers?

Posted by & filed under Negotiation Skills.

Car salespeople truly understand how to use modest concessions to extract much larger ones. First, they spend a long time legitimating the sticker price and suggesting that it’s not only fair, but nonnegotiable. … Read More 

Daily

Prospering in a Multiparty Trade Zone

Posted by & filed under Business Negotiations.

With thorough preparation, the help of a trained mediator, and useful reports from subgroups, participants in a multiparty negotiation should be able to find their way to the trading zone. Once they’ve arrived, the next step is to work together to ensure that everyone’s interests are met. … Read More 

Daily

Daily

Negotiating the Fiscal Crisis

Posted by & filed under Negotiation Skills.

How can we avert a full-throttle drive over the fiscal cliff? Despite some promising signs of movement on both sides of the aisle, the current negotiation approach – positional bargaining – is bound to bring us dangerously close to the edge. … Read More 

Daily

Daily

Bring Your Deal Back from the Brink: Probe the Other Side’s Point of View

Posted by & filed under Business Negotiations.

How can you figure out the motives behind someone’s seemingly stubborn position? Begin by questioning her about the problem she is trying to solve. Deal blockers may be held back by financial, legal, personal, or other constraints you don’t know about, according to Harvard Business School professor Deepak Malhotra. A tough stance could also communicate … Read More 

Daily

Bring Back Your Deal from the Brink

Posted by & filed under Business Negotiations.

What can you do when a difficult person is the main obstacle to a promising deal? There are a number of strategies you can use to bring the deal back from the brink of failure. In a series of posts, the Program on Negotiation will offer ten suggestions. … Read More 

Daily

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 

Daily

Daily

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 

Daily

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 

Daily

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 

Daily

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 

Daily

Enhance your Negotiating Power

Posted by & filed under Negotiation Skills.

Negotiating power generally comes from one of three sources, according to Northwestern University professor Adam D. Galinsky and New York University professor Joe C. Magee: 1. A strong BATNA. Your best alternative to a negotiated agreement, or BATNA, is often your best source of bargaining power. By cultivating a strong outside alternative, you gain the power … Read More 

Daily

Find Strength in Numbers

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Make Your Weak Position Strong,” by Deepak Malhotra (professor, Harvard Business School), first published in the Negotiation newsletter. A common complaint among managers and executives who attend negotiation courses and seminars is that they don’t learn enough about negotiating from a position of weakness. What can you do when you have a weak BATNA, … Read More 

Daily

Negotiation Games

Posted by & filed under Conflict Resolution.

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 differences over a procedural issue. The lawyers were stalemated on where to … Read More 

Daily

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 

Daily

When Does Personality Matter?

Posted by & filed under Daily, Negotiation Skills.

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 … Read More 

Daily

Questioning threats

Posted by & filed under Daily, Negotiation Skills.

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 … Read More 

Daily

Advertising at a charity walk

Posted by & filed under Business Negotiations, Daily.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Ocean Splash is a 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. SCENARIO: The U.S. Cancer Association (USCA) chapter in Sixton City is organizing its … Read More 

Daily

Gravel quarry or hiking grounds?

Posted by & filed under Business Negotiations, Daily.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises.  Rockwell Quarry is a 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. The Rockwell Quarry Complex Environmental Negotiation is a five-party, multi-issue simulation that … Read More 

Daily

Budget turmoil inside a hospital

Posted by & filed under Daily, Negotiation Skills.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Negotiating Budget Cuts at Newtowne Hospital is a six-person negotiation among hospital administration and employee representatives to reach consensus on budget cuts in three departments. SCENARIO: Dr. Van Hagen, a distinguished heart surgeon, will soon join the staff at Newtowne Hospital, … Read More 

Daily

Dealing with pharmaceutical delays

Posted by & filed under Business Negotiations, Daily.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Teflex Products is a 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. SCENARIO: Midland Pharmaceutical Company has developed Renaid, a breakthrough drug that … Read More 

Daily

Expanding the farm

Posted by & filed under Daily, Negotiation Skills.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises.  Mountain View Farm is a two-party, multi-issue integrative negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor’s land. SCENARIO: A Vermont farmer somewhat interested in the possibility of expanding activities … Read More 

Daily

Mediation Curriculum: Trends and Variations

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

NP@PON collected many types of curriculum materials from teachers and trainers who attended the 2009 Mediation Pedagogy Conference.  We received general materials about classes on Alternative Dispute Resolution (ADR) as well as highly specific and idiosyncratic units like Conflict Resolution through Literature: Romeo and Juliet and a negotiating training package for female managers from the … Read More 

Daily

When “fairness” is a distraction

Posted by & filed under Daily, Negotiation Skills.

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 

Daily

Gain greater leverage with sole suppliers

Posted by & filed under Business Negotiations, Daily.

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 

Daily

Powerful Thoughts

Posted by & filed under Business Negotiations.

For many people, thinking about the role of power in negotiation can be paralyzing. In fact, the same people who are anxious about negotiating in general tend to be anxious about exerting their power during negotiation. Why? Perhaps because most of us realize that power, even when not explicitly discussed, is often the precipitating and … Read More 

Daily

Too much commitment?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Are You Overly Committed to the Deal?” First published in the Negotiation newsletter. A telecommuter hires a carpenter to build a workstation for her home office. The carpenter’s contract requires payment of 50% upon signing, an additional 30% halfway through the job, and the final 20% upon completion. When the job is done, … Read More 

Daily

“Are We Exclusive?”

Posted by & filed under Business Negotiations.

Ron McAfee, a carpenter and roofing expert, spent considerable time working with a condominium association on the design of a new roof deck. After gaining agreement on the proposed layout, design, and materials, McAfee submitted a written bid of $12,500. One of the board members subsequently showed McAfee’s plans to another roofer, who offered to … Read More 

Daily

Are you afraid of commitment?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Overcoming Stage Fright: How to Prepare for a Negotiation,” by Michael Wheeler (Professor, Harvard Business School), first published in the Negotiation newsletter.

Many negotiators grow anxious as they approach the bargaining table, a reaction that puts them in good company with other distinguished professionals. Laurence Olivier’s stage fright almost ended his acting … Read More 

Daily

Daily

Beware the Pressure of Sunk Costs in Business Negotiations

Posted by & filed under Business Negotiations.

Think about what your house, condominium, or some other valuable asset might be worth in today’s market. Did the price you paid for it affect your answer? “Ignore sunk costs,” accounting professors and economists tell us. The amount of money and effort we’ve invested in the past, they say, is irrelevant to our future investments. … Read More 

Daily

Instructing the negotiator

Posted by & filed under Daily, Negotiation Skills.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. The Ship Bumping Case is a 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. SCENARIO: Vessels from the United States … Read More 

Daily

Negotiating When Business and Family Collide

Posted by & filed under Daily, Mediation.

Basic negotiation skills may seem easy to apply in business situations but what about when business and family collide? For example, a 69-year-old CEO of a large financial firm that has been in his family for three generations is considering retirement. He has three children who may be interested in taking over the business in addition … Read More 

Daily