Discover step-by-step techniques for avoiding common business negotiation pitfalls when you download a copy of the FREE special report, Business Negotiation Strategies: How to Negotiate Better Business Deals, from the Program on Negotiation at Harvard Law School.


business negotiation

What is Business Negotiation?

Business negotiation can be for a range of items, including but not limited to: employee compensation, business acquisitions, vendor pricing and sales, real estate leases, and the fulfillment of contract obligations.

Negotiators are more satisfied with the outcome of a business negotiation when they think the process has been fair, research shows. To maximize satisfaction and build a strong working relationship, don’t leave the process of business negotiation up to chance.

Bargaining research has identified three fairness norms that negotiators frequently invoke: equality (a 50-50 split), equity (a split in proportion to input), and need.

However, there is much more to a business negotiation than the immediate issue of fairness. A business deal of any significant duration is a continuing negotiation between parties, who must apply their agreement to unforeseen circumstances and adjust their relationship to a constantly changing environment. No negotiation can achieve perfect understanding, especially when you and your partners come from different cultures or business sectors.

Fortunately, there are at least three ways to strengthen a deal and reach a mutually beneficial agreement that lasts:

  1. Talk to your lawyers. In a business negotiation, communicate the motivations behind your deal to your legal team. This step keeps your lawyers from having to guess your intentions and thus could save you time and money in the long run.
  2. Read the fine print. Resist the common tendency to merely glance over deal documents and file them away. Instead, read them through carefully—including drafts and memos—to determine whether they accurately reflect the negotiated terms as you understand them.
  3. Double-check contract language. Set up a time for your lawyers to read the deal back to you in plain English, free of legal jargon. Ask questions about any potential ambiguities, and “stress test” hypothetical scenarios that could arise.

Discover how to boost your power at the bargaining table in this free special report, Dealmaking: Secrets of Successful Dealmaking in Business Negotiations, from Harvard Law School.

We will send you a download link to your copy of the report and notify you by email when we post new business negotiation advice and information on how to improve your dealmaking skills to our website.

 

The following items are tagged business negotiation:

Salary Negotiation: How to Negotiate Salary: Learn the Best Techniques to Help You Manage the Most Difficult Salary Negotiations and What You Need to Know When Asking for a Raise

Posted by & filed under Free Report.

Salary negotiations are often stressful and challenging. But with the right strategies, you can negotiate your employment terms with ease. In Salary Negotiation: How to Negotiate Salary: Learn the Best Techniques to Help You Manage the Most Difficult Salary Negotiations and What You Need to Know When Asking for a Raise, you’ll discover innovative ways … Read More

Bidding in an International Business Negotiation: Euro-Idol

Posted by & filed under Teaching Negotiation.

Euro-Idol is a four-party, two-round international business negotiation over the selection of the host country and city for the upcoming Euro-Idol music competition. In this bidding simulation from the Teaching Negotiation Resource Center (TNRC), cities must place bids to host the Euro-Idol competition, and therefore gain the economic benefits that come with hosting such a … Read More

BATNA Examples—and What You Can Learn from Them

Posted by & filed under BATNA.

What are BATNA examples in negotiation? In their bestseller Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton (Penguin, 1991) described BATNA, or best alternative to a negotiated agreement, as the path you’ll follow if you don’t reach agreement in your current negotiation. … Read BATNA Examples—and What You Can Learn from Them

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 Harborco: Role-Play Simulation

The Best New Simulations

Posted by & filed under Teaching Negotiation.

Looking to update your curriculum with innovative new simulations? Check out these new simulations from the Teaching Negotiation Resource Center (TNRC). Discord at the Daily Herald – New Simulation This two-party, three-hour, multi-issue negotiation is between the co-owners of the Daily Herald newspaper over how to resolve ongoing management issues and implement structural reforms in the face … Read The Best New Simulations

Contract Negotiations and Business Communication: How to Write an Iron-Clad Contract

Posted by & filed under Business Negotiations.

In contract negotiations, writing a contract that both encapsulates the negotiated agreement but also incorporates future elements such as the business relationship and the sustainability of the agreement can be a daunting task for even the most experienced negotiators. Executives often leave the legal issues surrounding their deals to their attorneys. While this division of … Read More

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 in business negotiations. … Read How to Find the ZOPA in Business Negotiations

BATNA and Other Sources of Power at the Negotiation Table

Posted by & filed under BATNA.

BATNA negotiations involve a negotiators knowledge of her best alternatives to a negotiated agreement and are one of three sources of negotiating power at the bargaining table, according to negotiation researcher Adam D. Galinsky and New York University’s Joe C. Magee. … Read More

5 Win-Win Negotiation Strategies

Posted by & filed under Win-Win Negotiations.

Business negotiators understand the importance of reaching a win-win negotiation: when both sides are satisfied with their agreement, the odds of a long-lasting and successful business partnership are much higher. But concrete strategies for generating a win-win contract often seem elusive. The following five, from experts at the Program on Negotiation at Harvard Law School, … Read 5 Win-Win Negotiation Strategies

Cross Cultural Communication: Translation and Negotiation

Posted by & filed under International Negotiation.

In previous international negotiation articles from cross cultural negotiation case studies, we have focused on how international negotiators can avoid cognitive biases and overcome cultural barriers. But how do negotiators dealing with counterparts that speak another language modify their negotiation techniques to accommodate for the lack of a common language? … Read More

Teaching with Multi-Round Simulations: Balancing Internal and External Negotiations

Posted by & filed under Teaching Negotiation.

Whether in business, law, or international diplomacy, many negotiations are actually comprised of a multi-round process with negotiations internal to the organization preceding external ones. Using multi-round negotiation simulations can help students understand the connection between internal and external negotiations, handle more complex scenarios, and better get into their roles. Engaging in a multi-round negotiation … Read More

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 The Pitfalls of Negotiations Over Email

Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy

Posted by & filed under Dealmaking.

Executives rarely view themselves as diplomats engaged in international diplomacy but business negotiators often find the two fields share negotiation skills and negotiation techniques. Rightly or wrongly, diplomacy evokes images of frivolity – days spent wandering exotic capitals, nights spent cruising embassy cocktail parties. … Read More

How to Negotiate a Business Deal

Posted by & filed under Business Negotiations.

In late 2016 and early 2017, news stories abounded of companies that were having second thoughts about planned mega-mergers. Abbott Laboratories began looking for ways to exit its acquisition of Alere, citing investigations of the medical test maker, for example. And Verizon started rethinking its acquisition of Yahoo! following a data breach at the tech … Read How to Negotiate a Business Deal

Dressing for Success: How Wealth and Status Cues Affect Business Negotiation

Posted by & filed under Negotiation Skills.

In business negotiations, we know we’re supposed to focus on substance: which issues matter to both sides, what each party can afford, what each side’s outside alternatives are, how to build a strong relationship, and so forth. Yet we’re often swayed by more superficial, often irrelevant aspects of negotiation, such as the shape of the table, whether … Read More

In Business Negotiations, Eat Before You Negotiate

Posted by & filed under Business Negotiations.

When preparing for your next business negotiation, you may want to strategize not only about what you’ll put on the bargaining table, but also how much food you’ll put in your belly beforehand. That’s the message of new research that Cornell University professor Emily Zitek and Dartmouth College professor Alexander Jordan presented at the annual … Read More

Why Great Negotiators Earn More Money

Posted by & filed under Salary Negotiations.

What’s the best way to claim more money in a negotiation? Many professional negotiators would recommend hard-bargaining tactics, such as asking the other party to disclose their bottom line, standing firm on price, and threatening to walk away. But truly great negotiators recognize that using haggling strategies alone may leave significant money on the table. … Read Why Great Negotiators Earn More Money

Negotiation Skills and Bargaining Techniques from Female Executives

Posted by & filed under Leadership Skills.

Dozens of female CEOs and other high-level women negotiators have told us about their experiences negotiating in traditionally masculine contexts where standards and expectations were ambiguous. Their experiences varied according to the gender triggers that were present in the negotiations and they adapted their negotiation skills to accommodate these shifts. … Read More

Business Negotiations: How to Improve Your Reputation at the Bargaining Table

Posted by & filed under Business Negotiations.

In multi-issue business negotiations, research suggests that the advantage goes to negotiators with a reputation for collaboration rather than competition. In a series of studies by Catherine H. Tinsley and Kathleen O’Connor, participants were told they would be negotiating with someone who had either a tough reputation, a cooperative reputation, or an unknown reputation. Although … Read More

Limiting Strategic Miscalculation in Business Negotiations

Posted by & filed under Negotiation Skills.

Over-precision doesn’t necessarily lead us to think we’re better negotiators than we actually are. Rather, it causes us to trust our initial instincts too much. Sometimes we’re actually overconfident that we’ll perform worse than others. This tendency applies to competitive situations, including negotiation. Those who underestimate their ability to be competitive usually will choose to stay out … Read More

The Process of Business Negotiation

Posted by & filed under Business Negotiations.

Negotiators are more satisfied with the outcome of a negotiation when they think the process has been fair, research shows. To maximize satisfaction and build a strong working relationship, don’t leave the process of business negotiation up to chance. Given the importance of negotiation in business communication, you’d be wise to consider the following seven … Read The Process of Business Negotiation

Negotiation Tactics for Bargaining with Difficult People: The Comcast Merger

Posted by & filed under Dealing with Difficult People.

If a competitive bargaining session shifts in a counterpart’s direction, your anger could send the wrong signals to your negotiation counterpart. In this instance, strong emotions portray desperation rather than strength. Here are some bargaining and negotiation tactics for dealing with difficult situations in relationships. … Read More

BATNA Strategy: Negotiating When Negotiation Is Not the Norm

Posted by & filed under BATNA.

Many U.S. law schools are in crisis, to hear some tell it. During the recent recession, many law firms instituted mass layoffs and pay cuts, and few have fully recovered. As a result, college graduates are thinking twice about becoming lawyers, and many law schools have fewer high-quality applicants to choose from. In the past … Read More

Business Negotiation Skills: How to Deal with a Failing Business Partnership

Posted by & filed under Business Negotiations.

It had seemed like the beginning of a fruitful relationship. In April 2012, six wealthy businessmen teamed up to buy the Philadelphia Inquirer and several affiliated businesses for $61.1 million, promising to work together to reverse the newspaper’s flagging fortunes. Their infusions of cash and appointment of a Pulitzer Prize–winning reporter, William K. Marimow, as … Read More

Dear Negotiation Coach: What Are Business Negotiation Skills for Entrepreneurs?

Posted by & filed under Teaching Negotiation.

To get an idea or innovation off the ground takes strong business negotiation skills as an entrepreneur. Yet, in their book Entrepreneurial Negotiation: Understanding and Managing the Relationships that Determine Your Entrepreneurial Success (Palgrave/Macmillan, 2018), Program on Negotiation instructor Samuel Dinnar and MIT professor Lawrence Susskind write that many entrepreneurs are falling short. Here, Susskind explains … Read More

When Business Negotiation Tactics Fail

Posted by & filed under Business Negotiations.

When business negotiation tactics fail to consider outside interests, especially in the case of international mergers, deals can fall apart quickly. Automakers Renault and Fiat Chrysler discovered this when they ignored other stakeholders in an ill-fated attempt at a deal. The idea of a merger was sparked because of tightening global competition and demand for new … Read When Business Negotiation Tactics Fail

Facing an Email Negotiation? Take a Proactive Approach

Posted by & filed under Negotiation Skills.

As a format for complex deals, email negotiation has a bad reputation. Negotiators are more likely to deceive one another when using email, and they have trouble building trust and rapport in email messages. Furthermore, some research has found that negotiators achieve less joint gain and are less satisfied with their outcomes when negotiating over … Read More

New International Negotiation Simulations: Teaching International Negotiation with Current Global Dynamics

Posted by & filed under Teaching Negotiation.

With the spread of a global pandemic, climate crisis, and the war on terror, resolving international conflicts has become increasingly complex. Training to address these difficult global conflicts must also reflect the modern issues and dynamics that face the international community. The Teaching Negotiation Resource Center (TNRC) has several new international negotiation simulations that reflect … Read More

Business Skills: Make Concessions Strategically in Negotiation

Posted by & filed under Business Negotiations.

Business negotiators generally understand that to get what they want from another party or parties, they will have to give something away. But what concessions should you offer in the deal-making process, and what form should they take? New research on concession making in negotiation offers tips to add to your repertoire of business skills. Finding … Read More

Negotiating Organizational Development

Posted by & filed under Teaching Negotiation.

Teach Your Students to Promote Organizational Development and Build Leadership Skills Efforts to impact change in any kind of organization usually involve multiple kinds of negotiations or consensus-building efforts. Organizational development is most effective when the participants in the organization, whether public, private or civil society, are directly engaged in deciding what might need to change, … Read Negotiating Organizational Development

Using Business Negotiation Skills To Move a Deal in your Favor

Posted by & filed under Salary Negotiations.

Performers have increasingly learned business negotiation skills and played an outsized role in shaping plays and musicals vying for a Broadway stage. In 2016, the original off-Broadway cast of Hamilton negotiated with the show’s producers to acknowledge their contributions to the hit musical by guaranteeing them a small share of the show’s profits. With other actors … Read More

Teach Your Students Value Distribution with a Simulation on Solar Power

Posted by & filed under Teaching Negotiation.

Do your students really understand the difference between value distribution and integrative negotiation, and have you given them a chance to practice their distributive bargaining skills? Do they understand that every negotiation includes elements of both value creation and value distribution? To help teach these key negotiation skills the Teaching Negotiation Resource Center (TNRC) has developed a … Read More

Asking for More in Salary Negotiation: When Jennifer Lawrence and Jennifer Aniston Spoke Out

Posted by & filed under Salary Negotiations.

“We’re very much a sexist society,” actress Jennifer Aniston said in back in 2015 in an interview with the New York Times, addressing not just the constant questions she faces about marriage and children, but about recent revelations of pay discrimination and salary negotiation in Hollywood. “Women are still not paid as much as men,” Aniston … Read More

For Price Negotiators, Preparation is the Key to Success

Posted by & filed under Dealmaking.

Some cultures have a long tradition of haggling—bargaining back and forth about the price of an item—in markets and bazaars. By contrast, in the United States and many other countries, haggling between buyers and sellers is an under-practiced skill. You might routinely pass up opportunities to haggle in situations where financial negotiations are not the … Read More

Understanding Your Counterpart’s BATNA

Posted by & filed under BATNA.

One of the most popular questions concerning negotiation strategy and an area of negotiation research that draws heavily on negotiation examples in real life is how do negotiators identify their BATNA, or best alternative to a negotiated agreement, and even better, how do they identify their counterpart’s BATNA? Consider the saga of a company that … Read Understanding Your Counterpart’s BATNA

Ask A Negotiation Expert: Creating More Value—For All

Posted by & filed under Leadership Skills.

In these difficult times, many of us are thinking about how to help make the world better, including in our negotiations. The good news is that we can do so without huge sacrifices, writes Max H. Bazerman, the Jesse Isidor Straus Professor of Business Administration at Harvard Business School, in his new book, Better, Not … Read More

In Business Negotiations, Dress the Part

Posted by & filed under Business Negotiations.

Negotiators involved in high-stakes mergers and acquisitions typically come to the table armored in meticulously tailored apparel and designer shoes. But as Dana Mattioli reports in a recent Wall Street Journal negotiation topics in business article, those who are trying to woo business from an apparel company often end up dressing down at the bargaining … Read In Business Negotiations, Dress the Part

Why Win-Win Negotiation Has Been Elusive in Covid-19 Vaccine Talks

Posted by & filed under Win-Win Negotiations.

National governments across the globe face the challenge of securing enough doses of a safe, effective coronavirus vaccine when one or more become available. Many wealthier nations are taking a competitive approach to this negotiation challenge, jostling with each other to tie up deals with pharmaceutical companies for the most promising vaccine candidates. A coordinated … Read More

In Group Negotiation, Avoid a Turf Battle

Posted by & filed under Business Negotiations.

In group negotiation, turf battles—heated conflicts over territory, control, rights, or power—are common. Department heads clash over scarce resources. Companies, community groups, and governments get tied up in lawsuits over undeveloped land. Across the globe, fishing groups have depleted fish stocks in their rush to catch the biggest share for themselves. … Read In Group Negotiation, Avoid a Turf Battle

Business Contract Mistakes—and How to Avoid Them

Posted by & filed under Dealmaking.

When negotiating a business contract, parties are often so focused on reaching agreement that they don’t think enough about how the deal will unfold after the ink has dried. This type of short-term thinking leads to real problems down the road. The following three business negotiation tips can help you adopt a long-term perspective the … Read More

Teaching Real Estate Negotiation: How to Identify and Create Value

Posted by & filed under Teaching Negotiation.

How do you teach your students to identify and create value in real estate negotiations?  Real estate negotiation can be difficult for both the buyer and the seller. Teaching real estate negotiation can involve value creation, distributive bargaining, as well as issue linkages. It is important for both buyers, sellers, and agents to identify ways to … Read More

Business Negotiation Solutions: To Eat or Not to Eat?

Posted by & filed under Business Negotiations.

We’ve all shared a meal with a negotiating counterpart at one point or another, whether a business lunch, a working dinner, or sandwiches in a conference room. What are the advantages and potential pitfalls of combining food and drink with negotiation? Here, we offer business negotiation solutions for those who are trying to decide whether … Read More

Corporate Negotiation Pitfalls: The Case of Facebook

Posted by & filed under Business Negotiations.

In corporate negotiation, negotiators often care most about getting the best price possible, assessing the other party’s ability to follow through, and closing the deal. Unfortunately, such business preoccupations can lead dealmakers to overlook potential ethical concerns, as current negotiations in the news often attest. Examining some of Facebook’s recent corporate negotiation mistakes, we describe … Read More

How to Handle Difficult People—Including Your Rivals

Posted by & filed under Dealing with Difficult People.

One of the most common questions raised by businesspeople is how to handle difficult people. This question contains a hidden assumption: Faced with abrasive, competitive, and even unethical behavior, we view ourselves as being in the right and the other party as being wholly wrong. Yet it’s important to consider that, in our real-life conflict scenarios, … Read More

Negotiate Business Contracts that Last

Posted by & filed under Business Negotiations.

After engaging in the complex process of business negotiation, business negotiators are often happy to pass off the technicalities of deal drafting to their attorneys. Unfortunately, this handoff is prone to errors. Vague, contradictory, and missing deal terms are not uncommon, and they can lead to serious problems during the implementation stage, according to Harvard … Read Negotiate Business Contracts that Last

Entrepreneurial Negotiation – New Book on Negotiation Challenges for Entrepreneurs

Posted by & filed under Teaching Negotiation.

Entrepreneurial Negotiation: Understanding and Managing the Relationships that Determine Your Entrepreneurial Success The great majority of startups fail, and most entrepreneurs who have succeeded have had to bounce back from serious mistakes. Entrepreneurs fumble key interactions because they don’t know how to handle the negotiation challenges that almost always arise. They mistakenly believe that deals … Read More

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

What is the Anchoring Bias?

Posted by & filed under Negotiation Skills.

It may be the most burning question in business negotiation: Should you make the first offer? Traditionally, negotiators were advised to wait for the other side to make a first offer. According to this reasoning, the other side’s offer gives you valuable information about his goals and alternatives. More recently, however, research on the anchoring bias has … Read What is the Anchoring Bias?

In Business Negotiations, Capitalize on a Right of First Refusal

Posted by & filed under Business Negotiations.

As dealmakers look for more sophisticated ways to reduce risks and increase returns, a right of first refusal—a contractual guarantee that one side can match any offer that the other side later receives—has become a common and useful tool to add to your business negotiation skills.

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When the mergers-and-acquisitions (M&A) boom began in 1993, many deals … Read More

What Does Conflict Management Mean in Business Negotiations with Competitors?

Posted by & filed under Conflict Resolution.

They say it pays to keep your friends close and your enemies closer, but in business negotiation, keeping your enemies—or competitors—close could end you up in court, as Apple’s recent encounter with the U.S. Department of Justice suggests. The story begins back in 2007 when, unhappy with Amazon’s low, flat price of $9.99 for e-books, five … Read More

Business Negotiation Advice: When Your Image is Everything

Posted by & filed under Business Negotiations.

Turning to another questionable negotiation from Illinois politics, in 2005, then–U.S. senator Barack Obama and his family bought a house in Chicago. On the same day the Obamas closed on the property, the wife of real estate developer Antoin Rezko bought an adjacent parcel of land. Rezko was a key fundraiser for Obama’s Senate campaign. … Read More

Why Classic Cases?

Posted by & filed under Daily, Negotiation Skills, Pedagogy at 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 Why Classic Cases?

Jeswald Salacuse Article Published in International Negotiation Journal

Posted by & filed under Daily, International Negotiation.

Jeswald Salacuse’s article Teaching International Business Negotiation: Reflections on Three Decades of Experience was published in International Negotiation, Volume 15, Number 2. The full article can be purchased here. Abstract: The author has taught international business negotiation in a wide variety of university courses and executive training programs throughout the world during the last three decades. He … Read More

Teams across cultures

Posted by & filed under Daily, International Negotiation.

Adapted from “Team Negotiating: Strength in Numbers?”, first published in the Negotiation newsletter. According to conventional wisdom, when it comes to negotiation, there’s strength in numbers. Indeed, several experimental studies have supported the notion that you should bring at least one other person from your organization to the bargaining table if you can. On average, this … Read Teams across cultures