brainstorming

A free-flowing session in which ideas for solutions are generated by both parties. Ideas should not be evaluated during the brainstorming session, and parties should not take ownership of ideas. The goal of a brainstorming session is to liberate those at the table to suggest ideas. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 37-38)

The following items are tagged brainstorming.

The Deal is Done – Now What?

Posted by & filed under Conflict Management.

At last, the deal is done. After 18 months of negotiation, eight trips across the country, and countless meetings, you’ve finally signed a contract creating a joint venture with a Silicon Valley firm to manufacture imaging devices using your technology and their engineering.

The contract is clear and precise. It covers all the contingencies and has strong enforcement mechanisms. You’ve given your company a solid foundation for a profitable new business. As you file the contract, a question dawns on you: Now what?

Using Agents Effectively in Negotiation

Posted by & filed under Negotiation Skills.

Once you’ve decided to use an agent, it’s important not to rush headlong into the process – picking the first one you speak to, for example, and sending him off to talks the next day.

You need to choose your agent carefully, then establish a clear, detailed understanding of each other’s responsibilities and expectations.

The following are critical steps in picking an agent and negotiating his contract.

Negotiation and Mediation Clinical Workshop

Posted by & filed under DRD Tag Pages.

Negotiation and Mediation Clinical Workshop
HARVARD LAW SCHOOL

FALL 2012

Instructor:
Mr. Chad Carr

This 1-credit seminar is the required classroom component for students doing work through the Negotiation & Mediation Clinical Program during the Fall of 2012. Students will read and discuss works related to the various models for conducting conflict assessments, designing dispute systems,

Does the majority really rule?

Posted by & filed under Meeting Facilitation.

When a group of people are negotiating, what’s the best way to arrive at a decision? Ever since U.S. general Henry M. Robert published Robert’s Rules of Order in 1876, groups have relied on the principle of majority rule, measured with a simple yea or nay vote at the end of the negotiation process.

Majority rule

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

Negotiating Across Borders

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Hidden Roadblocks in Cross-border Talks,” by James K. Sebenius (professor, Harvard Business School), first published in the Negotiation newsletter, September 2009.

Imagine you are leading a team that will soon be negotiating for the first time in several foreign countries. You’ve researched likely cultural factors, such as differences in etiquette or risk taking, while

A Closer Look at Collective Bargaining

Posted by & filed under Business Negotiations, Daily.

Adapted from “Innovation in Labor Relations,” first published in the Negotiation newsletter.

In 2004, a team of MIT and Harvard researchers published a study of a bold initiative by health-care giant Kaiser Permanente and its many unions to restructure their relationship. Given the recent spotlight focused on collective bargaining, beginning with a very public battle in

What to do When the Ink is Dry

Posted by & filed under Business Negotiations, Daily.

Adapted from “The Deal Is Done—Now What?” by Jeswald W. Salacuse (professor, Tufts University). First published in the Negotiation newsletter.

At last, the deal is done. After 18 months of negotiation, eight trips across the country, and countless meetings, you’ve finally signed a contract. It’s clear and precise. It covers all the contingencies and has

How to Turn a Maybe Into a Yes

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Closing the Deal,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter.

You’ve followed the negotiation guidebooks to a T, uncovered the parties’ key interests, brainstormed creative solutions, and even developed good rapport with your counterpart. You’ve done everything right…but you still don’t have agreement.

How do you turn the other