Learn how to negotiate like a diplomat, think on your feet like an improv performer, and master job offer negotiation like a professional athlete when you download a copy of our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.

best alternative to a negotiated agreement

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

The following items are tagged best alternative to a negotiated agreement

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Conflict and Negotiation Case Study: The Pitfalls of Negotiations Over Email

Posted by & filed under Conflict Resolution.

Negotiation research suggests that email often poses more problems than solutions when it comes to relationships, information exchange, and outcomes in conflict resolution negotiation scenarios. First, establishing social rapport via email can be challenging. The lack of nonverbal cues and the dearth of social norms regarding its use can cause negotiators to be impolite and … 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.

Negotiation and Leadership Dealing With Difficult People and Problems Spring: June 20-22, 2016 Fall: September 19-21, 2016 | October 24-26, 2016 | December 5-7, 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 … Read More 

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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 

Free Report

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BATNA: Examples of 10 Hard Bargaining Negotiating Skills and Negotiation Strategies

Posted by & filed under BATNA.

Negotiating skills for dealing with situations as they arise at the bargaining table are always in high demand. Strategies prepared before coming to the bargaining table are one way to anticipate events during negotiations, but expert negotiators know that the bargaining style of their counterpart will impact, positively or negatively, even the best laid plans. … Read More 

Courses and Training

Getting to YES with Yourself

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

December 8, 2016 Getting to YES with Yourself

William L. Ury

William L. Ury Co-author of Getting to YES; author of Getting Past No: Negotiating with Difficult People, and The Power of a Positive No

What’s the greatest obstacle to successful agreements and satisfying relationships? The unexpected truth is that often we are. In this new, one-day program led by William L. … Read More 

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 

Free Report

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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.

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

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 

Free Report

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Dealmaking: Relationship Rules for Dealmakers

Posted by & filed under Dealmaking.

Here are some concrete guidelines for fostering a strong relationship between deal making partners, drawn from The Global Negotiator: Making, Managing, and Mending Deals Around the World in the 21st Century, by Tufts University professor Jeswald W. Salacuse. … Read More 

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 

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 

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

Posted by & filed under Salary Negotiations.

Why is negotiation important in business? As the starting point from which all commercial transactions occur, from purchasing equipment to setting salaries, negotiation in business is an essential skill no matter what field a negotiator finds herself. Using an objective standard can strengthen your proposal and eliminate emotional bias. In this article, the author illustrates … Read More 

Product

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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Product

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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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 

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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

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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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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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 

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How to Find the ZOPA in Business Negotiations

Posted by & filed under Business Negotiations.

In business negotiation, two polar-opposite errors are common: reaching agreement when it wouldn’t be wise to do so, and walking away from a mutually beneficial outcome. How can you avoid these pitfalls? Through careful preparation that includes an analysis of the zone of possible agreement, or ZOPA. The agreement trap The “agreement trap” describes the tendency to agree … Read More 

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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 

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How a Bad BATNA Keeps Medicare Drug Prices High

Posted by & filed under Business Negotiations.

Republican presidential candidate Donald Trump disagrees with his Democratic competitors, Hillary Clinton and Bernie Sanders, on most political issues. But on the issue of prescription drug prices under Medicare, Trump agrees with Clinton and Sanders that the U.S. government is getting a lousy deal. Recently, Trump, Clinton, and Sanders have all called for the government to … Read More 

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Negotiation Examples to 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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Negotiation in Business Without a BATNA – Is It Possible?

Posted by & filed under BATNA.

In a negotiation scenario, you always have a best alternative to a negotiated agreement. Negotiation research and negotiation strategy helps negotiators find their BATNA, leverage it at the bargaining table, and illustrates the impact that knowing your BATNA has on a negotiation. … 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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Power in Negotiations: How Effective Negotiators Project Power at the Negotiation Table

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 

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With Patient Approach, FBI Steered Oregon Occupiers Toward Their BATNA

Posted by & filed under BATNA.

The 41-day armed takeover of the Malheur National Wildlife Refuge in Oregon ended on February 11 when the last occupiers surrendered. Federal authorities in six states also arrested seven others accused of being involved in the occupation, according to the Associated Press. The standoff had begun when Ammon Bundy and his followers took over the … 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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South Korea’s Innovative Long-Term Negotiation Strategy with North Korea

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 

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Overcoming Barriers to Agreement: How Dell Computer’s BATNA Informed Its Privatization Negotiations

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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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 

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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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Dealmaking Negotiations – Writing the Negotiated Agreement

Posted by & filed under Dealmaking.

Some negotiations end with a plan of action rather than a signed contract – for example, a plumber agrees to fix the tile damage caused by his work. Other negotiations wouldn’t be appropriate to commemorate in writing, such as how you and your spouse decide to discipline your young child. But in virtually all significant … 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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How Chaos at the Bargaining Table Can Help Negotiators Reach Agreement

Posted by & filed under Negotiation Skills.

Here are some examples of negotiation situations in which chaos at the bargaining table works to the negotiator’s advantage. Whether conducting business negotiations involving commercial transactions or personal disputes with a friend, the following negotiating skills and techniques can be used. Take Thomas Green’s story: “I’ve learned to make chaos my friend in negotiation,” says Thomas Green, … 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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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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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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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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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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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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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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What is Conflict Resolution, and How Does It Work?

Posted by & filed under Conflict Resolution.

If you work with others, sooner or later you will almost inevitably face the need for conflict resolution. You may need to mediate a dispute between two members of your department. Or you may find yourself angered by something a colleague reportedly said about you in a meeting. Or you may need to engage in … Read More 

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Top Ten Business Negotiation Articles

Posted by & filed under Business Negotiations.

Here are the top ten business negotiations articles on the Program on Negotiation website. Drawn from a variety of negotiation case studies as well as negotiation research, the following articles present negotiation examples in real life and offer strategies for engaging in integrative negotiations strategies aimed at creating win-win scenarios for each party at the … Read More 

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Negotiation Examples in Real Life: Business Negotiators – How to Mitigate Stress at the Bargaining Table

Posted by & filed under Business Negotiations.

Negotiation Examples in Real Life: Haggling, Stress, and the Bargaining Process Conventional wisdom, not to mention the popularity of no-haggle car buying, suggests that many people anticipate important negotiations with the same dread they reserve for root canals. Unfortunately, stressed-out negotiators tend to be less effective than their calmer counterparts, according to research by Kathleen O’Connor of … Read More 

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BATNA: Negotiation Preparation to Help Avoid Giving Up at the Bargaining Table

Posted by & filed under Dealmaking.

When you expect an opponent to be competitive, your confidence in the outcomes you can achieve in negotiation is likely to plummet. In negotiation research with Adam Galinsky of Northwestern’s Kellogg School of Management, negotiators were provided with some background about their counterpart including information on how competitive their counterpart has been in previous negotiations. This information … 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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Role of Negotiation in International Business: The Negotiation Process in China

Posted by & filed under International Negotiation.

With its booming economy and growing international consumer influence, the role of negotiation in international business is more important than ever and negotiation skills appropriate for China are in high-demand. Here are a few negotiation tips to help you successfully navigate your next round of business negotiations in China. Build relationships but expect to incur obligations … Read More 

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Examples of Negotiation in Business: Sunk Costs

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 

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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 

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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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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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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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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 

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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 

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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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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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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 

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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 

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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 

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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 

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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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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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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 

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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 

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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 

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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 

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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 

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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 

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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 

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“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 

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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