In this FREE special report from the Program on Negotiation at Harvard Law School,  Dispute Resolution, Working Together Toward Conflict Resolution on the Job and at Home, the editors of Negotiation Briefings cull valuable negotiation strategies and curate popular content to provide you with a concise guide on how to improve your dispute resolution skills.

dispute

The following items are tagged dispute

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Why is Negotiation Important: Mediation in Transactional Negotiations

Posted by & filed under Mediation.

We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial. Scott R. Peppet, a professor at the University of Colorado School … Read More 

Courses and Training

Mediating Disputes – Fall

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course registration will open soon. Please click on this link to add your name to the course notification list. The success of any mediation is predicated on the skills of the mediator. In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to … Read More 

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Law of Investment Treaties (The)

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In this revised edition, the nature, history, and significance of investment treaties are examined, as well as their impact on international investors and investments, and the governments that are party to them. Recent treaties, trends, and controversy are also discussed. … Read More 

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Spring 2015 Seminar Program Guide

Posted by & filed under Free Report.

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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. … Read More 

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Courses and Training

Mediating Disputes – June

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: Course dates for June 2016 TBD.

The success of any mediation is predicated on the skills of the mediator. In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle … Read More 

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How to Resolve Cultural Conflict: Overcoming Cultural Barriers at the Negotiation Table

Posted by & filed under Conflict Resolution.

After recently losing an important deal in India, a business negotiator learned that her counterpart felt as if she had been rushing through the talks. The business negotiator thought she was being efficient with their time. How can she improve her cross-cultural negotiation skills? Research shows that dealmaking across cultures tends to lead to worse outcomes … Read More 

Courses and Training

The Harvard Negotiation Intensive: A Two-Day Workshop

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: Specific course dates for June 2016 TBD

Whether you’re a vice president, litigator, manager, or transactional attorney, negotiation is central to nearly every professional activity. Systematic and thorough preparation, as well as an ability to manage shared, different, and conflicting interests, is critical to success. Designed to address the core issues that you experience as … Read More 

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Negotiation Workshop: Strategies, Tools, and Skills for Success

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: Specific course dates for June 2016 TBD

Turn disputes into deals. Transform deals into better deals. Resolve intractable problems. Negotiating effectively requires the ability to change the game – moving away from conflict and toward collaboration. In this intensive, interactive program, you acquire a proven framework for maximizing the value of your negotiation, whether … Read More 

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Dioxin – Waste to Energy Game

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

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The New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation

Posted by & filed under Free Report.

This report reveals how wise negotiators extract unexpected value using an indirect approach to conflict management. An aggressive management style can set you up for repeated failure. Direct conflict management approaches can be overly combative and counter-productive. Experienced negotiators know that compromise seldom succeeds. Win/lose is really lose/lose. The best negotiation strategy results in … Read More 

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Difficult Situation Examples: The Hostage Negotiator’s Drill

Posted by & filed under Dispute Resolution.

Here are some negotiating skills and negotiation techniques from the world of crisis negotiations: Hostage negotiators stress the importance of discussing the “drill”—goals, ground rules, and operating principles—with their team before beginning talks with a hostage taker. Such negotiation teams are likely to commit to working together as slowly as needed to resolve a standoff. This type of agreement can … Read More 

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Secrets of Successful Dealmaking

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

In corporate dealmaking, much of the action happens away from the negotiating table. Successful dealmakers understand that deal set-up and design greatly influence negotiation outcomes. In this program, you will examine the legal, tactical, and structural elements of dealmaking and acquire practical skills and techniques for navigating difficult tactics and pursuing interest-based negotiations. Whether you … Read More 

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Inside Out

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Gary Friedman Designed to help people who work with parties in conflict use their inner experiences for the benefit of their clients, this book challenges many of the conventions conflict-resolution professionals bring to this field. Rooted in self-awareness, this practical guide encourages us to work from the “inside out”. … Read More 

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Dealing with Difficult People

Posted by & filed under Free Report.

At the Program on Negotiation at Harvard Law School (PON), we are dedicated to helping professionals deal with hard bargainers and resolve even the most challenging disputes. To help you understand the principles of negotiation and conflict resolution, we put together a special report: Dealing With Difficult People. Discover how to collaborate, negotiate, and bargain … Read More 

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New! Advanced Mediation Workshop: Mediating Complex Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

You’ve handled numerous mediation sessions with ease. You are confident in your mediation skills, especially between two parties who want a fair resolution. But how do the dynamics change when their lawyers join the session? What happens when the mediation expands to multiple parties who are bringing many issues to the table? Mediators are very … Read More 

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Good For You, Great For Me

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Lawrence Susskind Win at win-win negotiating! Find trades that create much more value than either you or your opponent thought possible while satisfying the interests of your back table – the people to whom you report. … Read More 

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Real Life Examples of Mediation: How Mediation Works

Posted by & filed under Mediation.

Negotiations have reached an impasse, but both sides agree on one thing: you need help resolving the dispute. You engage a neutral mediator to do just that. Rather than acting as a judge who decides who “wins” or “loses,” a third-party mediator assists parties in reaching an agreement. Negotiators often feel unprepared for mediation. The very … 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 

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Civic FusionMediating Polarized Public Disputes

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By Susan L. Podziba. Civic fusion is when people bond to achieve a common public goal, even as they sustain deep value differences. This book offers proven strategies for moving polarized parties to consensus solutions based on the author’s 25 years of mediation experience, including working with pro-life and pro-choice leaders after fatal shootings at … Read More 

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Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts

Posted by & filed under Free Report.

In this Special Report, the experts and editors from Harvard’s Program on Negotiation offer a sampling of advice from past issues of Negotiation to help you learn the techniques you need to resolve your disputes through mediation. You will learn to select the right dispute-resolution process, choose a mediator with appropriate expertise, learn the steps your … Read More 

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Finn River Basin

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Danya Rumore, Anjali Lohani, and Mubarik Imam Seven-party, seven-person, multi-issue negotiation game involving a dispute over inter-provincial water allocations. It explores issues of prediction and monitoring, water sharing, and the environmental adequacy of water flows. … Read More 

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Conflict Negotiation Strategies: Apple’s Apology in China

Posted by & filed under Dispute Resolution.

In China this April, Apple CEO Timothy D. Cook made the unusual move of apologizing to Chinese customers for his company’s warranty policy and promised to make amends, the New York Times reports. On March 15, International Consumers’ Day in China, the nation’s largest state-run television network criticized Apple for giving iPhone customers in China a … Read More 

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Examples of Negotiation in Business: Starbucks and Kraft’s Conflict Management

Posted by & filed under Business Negotiations.

Getting to agreement can be a lot of the battle in business negotiations – but once the agreement is signed, what do negotiators do then? More bargaining according to negotiation research. Preparing yourself for fulfilling the negotiated agreement, or for your inability to comply with it, will help negotiators preserve hard-fought relationships when the deal … Read More 

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Prioritizing Climate Change Adaptation Measures

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Elizabeth Fierman under the supervision of David Fairman, David Plumb, Lawrence Susskind, Philip Angell, and Kelly Levin Eight-party negotiation (with option for a ninth person facilitator) regarding climate change issues in a situation loosely based on the situation in Viet Nam. … Read More 

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NEW! Teaching Negotiation: Understanding The Impact Of Role-Play Simulations

Posted by & filed under Free Report.

Negotiation can be challenging. And so can teaching it! At the Program on Negotiation (PON) at Harvard Law School, we help educators, scholars and practitioners like you learn how to more effectively teach negotiation. Notably, role-play simulations are a particularly useful way to facilitate experimentation and introduce participants to new dispute resolution tools, techniques and … Read More 

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Top Negotiation Case Studies

Posted by & filed under Teaching Negotiation.

What’s one of the best ways to teach the art and science of conflict resolution? With negotiation case studies 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. … Read More 

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Arbitration vs Mediation and the Conflict Resolution Process in Alternative Dispute Resolution (ADR)

Posted by & filed under Conflict Resolution.

Arbitration, mediation, and the dispute resolution process – how negotiators can effectively use alternative dispute resolution (ADR) conflict management and conflict resolution techniques to resolve disputes, repair relationships, and find opportunities for value creation at the bargaining table. It’s often the case that when two people or organizations try to resolve a dispute by determining who … Read More 

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Spring 2014 Seminar Program Guide

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Join us April 15-18, May 20-23, or June 17-20 for this three-day negotiation seminar at the Charles Hotel in Cambridge, Massachusetts. Designed to accelerate your negotiation capabilities, Negotiation and Leadership (formerly known as the Program on Negotiation for Senior Executives) examines core decision-making challenges, analyzes complex negotiation scenarios, and provides a range of competitive and … Read More 

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Contract Negotiations: Before You Sign on the Dotted Line

Posted by & filed under Dealmaking.

When times are tight, contracts are often broken. These days, parties on both sides of sales agreements are struggling to fulfill their promises, and contract workers are having trouble getting paid by their employers. The result? Damaged relationships, lost business, and lawsuits. When you do manage to find new business partners in this climate, it can … Read More 

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Top Ten Conflict Resolution Posts

Posted by & filed under Conflict Resolution.

Here is a list of our top ten most popular conflict resolution articles. 1. A Cross Cultural Negotiation Example: How to Overcome Cultural Barriers Understanding cultural norms, while avoiding stereotyping, is a key negotiation skill for all international negotiators. Negotiation research reveals that dealmaking across cultures tends to result in worse negotiated agreements than those where … Read More 

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Negotiation Skills in Business Communication: Status Anxiety

Posted by & filed under Business Negotiations.

Negotiation Skills in Business Communication: Campeau Corporation and Federated Department Stores Sometimes in negotiation we are forced to deal not only with the issues on the table but also with concerns about status. One famous instance took place in the late 1980s, when Robert Campeau, head of the Campeau Corporation and then one of Fortune magazine’s “50 … Read More 

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Environmental Justice Package Full Version

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Lawrence Susskind and Various Other Authors Teacher’s package for a comprehensive environmental justice negotiation unit, containing one book, one article, and four role simulations … Read More 

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Indopotamia

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Catherine M. Ashcraft under the supervision of Professors Lawrence Susskind and Shafiqul Islam … Read More 

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The Importance of Communication in International Business: Overcoming Cultural Barriers in Dealmaking Negotiations

Posted by & filed under International Negotiation.

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 

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Alternative Dispute Resolution: Corporate Stakeholder Engagement and Mineral Extraction in Colombia

Posted by & filed under Dispute Resolution.

I want to make four simple points regarding corporate stakeholder engagement and mineral extraction in Colombia. I presented these ideas several weeks ago at a Harvard Law School seminar sponsored by the Colombian government. We had senior officials present along with a great many Colombian graduate students studying at Boston-area schools. I think these prescriptions … 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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Getting It DONE How to Lead When You’re Not In Charge

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Co-author Roger Fisher moves from dispute resolution to improving collaboration, presenting proven strategies to help anyone get better results from coworkers. Getting It DONE explains how you can best help a group formulate a clear vision of the results they want, suggest a course of action that you can implement, and learn from past experiences. … Read More 

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Coping with International Conflict A Systematic Approach to Influence in International Negotiation

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This text combines the clear, concise, and proven principles and practice of conflict management from Fisher’s bestselling Getting to Yes with the newest problem-solving approaches to international relations. Many of the concepts grew out of materials Fisher and his colleges use in their international consulting work to teach problem-solving and conflict management skills to diplomats … Read More 

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Saving the Last Dance

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Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin A mediation training video illustrating the non-caucus “Mediation through Understanding” model … Read More 

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Rebuilding the World Trade Center Site

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Lawrence Susskind A group of legal, business, and dispute resolution professionals negotiate a six-person, facilitated role simulation regarding the reconstruction of the World Trade Center site in New York City, following the 9/11/2001 terrorist attacks … Read More 

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Teaching Negotiation Videos – Now Downloadable

Posted by & filed under Teaching Negotiation.

Have you been energized by the unique “aha” moment students experience when video is used in their class? Us too! At the Teaching Negotiation Resource Center we’ve seen increasing demand for our videos as they provide educators with a stimulating launching pad for group discussion. Whether videos are a frequent component in your curriculum, or even if … Read More 

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Negotiation of a Commercial Lease

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The Program on Negotiation An unscripted video showing two different pairs of real estate professionals negotiating the terms of a commercial lease … Read More 

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Water Use

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Evan Thomas Paul and Jessica Agatstein under the direction of Professor Lawrence Susskind This is a six-party, multi-issue negotiation game involving environmental, economic, social, and political interests in a city where the water infrastructure is inefficient and not up to the task of coping with extreme water events.

Parties: 6. Time Req’d: 1-2 hrs. Teaching Notes: Yes. … Read More 

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Famous Negotiations Cases – NBA and the Power of Deadlines at the Bargaining Table

Posted by & filed under Crisis Negotiations.

It was a classic professional sports negotiation case. In the summer of 1988, National Basketball Association (NBA) team owners and players were at loggerheads over their new contract. At midnight on June 30, the owners declared a lockout, halting preparations for the start of the 1998–99 NBA season. The players and owners negotiated for six … Read More 

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Flooding

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Sarah Hammitt and Jessica Artiles under the direction of Professor Lawrence Susskind An eight-party, environmentally-focused role-play simulation, Flooding deals with an investment firm that is in the final stages of a multi-year planning process for a large, riverside mixed-use development. FEMA recently updated Evantown’s Flood Insurance Rate Map and the development falls within the 100-year floodplain. … Read More 

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Real World Negotiations Examples: Bargaining for a New Car

Posted by & filed under Business Negotiations.

According to a recent report from NPR Morning Edition’s Sonari Glinton, women not only negotiate harder bargains than men when it comes to vehicle purchases, but also they do more extensive preparatory work. Conventional wisdom has always placed the automobile in the realm of the masculine, but the emergence of the prepared and educated female … Read More 

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Case Study of Conflict Management and Negotiation: The Challenges of Negotiating Online

Posted by & filed under Conflict Resolution.

Negotiation research suggests that e-mail often poses more problems than solutions when it comes to relationships, information exchange, and outcomes. Here is a case study of conflict management and negotiation about the challenges of building rapport with your counterpart when negotiating online. First, establishing social rapport via e-mail can be challenging. The lack of nonverbal cues … Read More 

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For a Mutually Beneficial Agreement, Collaboration is Key

Posted by & filed under Negotiation Skills.

What is a mutually beneficial agreement? Some negotiation experts would have you believe that a mutually beneficial agreement is one in which each side grabs as much as it can from a finite pot of resources and calls it a day. At the Program on Negotiation, we urge you to aim higher by combining such competitive value-claiming … Read More 

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Mediation Lecture Video Series

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Sarah Cobb and Lawrence Susskind Three videos featuring guest lecturers from the “Mediation and Other Facilitative Roles in Dispute Resolution” seminar, offered by the Program on Negotiation: … 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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Mediating Public Disputes

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Lawrence E. Susskind A discussion of the role and functions of a court-appointed special master serving as a mediator in a case study of a scientific/technical dispute in New Jersey … Read More 

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How to Overcome Cultural Barriers to Communication in International Negotiations

Posted by & filed under International Negotiation.

Negotiators faced with the task of bargaining with international counterparts often ask about strategies on how to overcome cultural barriers to communication at the bargaining table. This article draws on findings from negotiation research to offer negotiating skills and negotiation tips for negotiators dealing with counterparts from a different culture or who speak a different … Read More 

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Lawyers & Clients The Initial Interview

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Robert H. Mnookin and Susan Hackley An illustration of interviewing and listening techniques appropriate for lawyer-client interviews, featuring Harvard Law School Professor Robert Mnookin … Read More 

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How Does Mediation Work in a Lawsuit: Choosing the Right Mediator

Posted by & filed under Mediation.

How does mediation work in a lawsuit? For those new to mediation, we advise you being by getting a list of mediators from a reputable provider agency. You can find these agencies by searching under “dispute resolution” or by inquiring with your organization’s legal department. You should ask the mediators for names of the chief … Read More 

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HackerStar Negotiation, The

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Morgan Guaranty Trust Company Realistic video depicting the use of principled negotiation to prepare for and negotiate a bitter business dispute, featuring Getting to YES co-author Roger Fisher … Read More 

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What is Dispute Resolution in Law: The Ins and Outs of Arbitration

Posted by & filed under Dispute Resolution.

A “one-shot” form of dispute resolution, arbitration is usually faster and cheaper than litigation. In addition, rather than being assigned a judge, parties are able to select their arbitrator. What is dispute resolution in law and how do alternative dispute resolution (ADR) methods like arbitration operate inside and outside a courtroom? Here are some examples of types … Read More 

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Great Negotiator 2004: Ambassador Richard Holbrooke

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Edited by James K. Sebenius and Ellen Knebel Video featuring Ambassador Richard Holbrooke discussing his role brokering the Dayton agreement that ended the 1992-95 war in Bosnia as well as his role in resolving the multinational dispute over U.S. dues owed in arrears to the United Nations … Read More 

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Great Negotiator 2003: Stuart Eizenstat

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Edited by James K. Sebenius Video featuring excerpts from a discussion with Stuart Eizenstat regarding his efforts negotiating reparations for victims of Nazi Germany … Read More 

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Win Win Negotiation Example – Change the Name of the Game

Posted by & filed under Dispute Resolution.

Suppose that two businesses have similar sounding names. The similarity is confusing to customers, or could be down the line. One of the businesses decides to do something about it. How can they engage in a successful dispute-resolution process? Two recent conflicts over business names went in different directions. First, a public dispute broke out … Read More 

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Great Negotiator 2002: Lakhdar Brahimi

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James Sebenius and Kristen Schneeman Video featuring excerpts from a discussion with Ambassador Lakhdar Brahimi regarding his international negotiation experiences, including negotiating a new government for Afghanistan in 2002 … Read More 

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Good Offices in a War-Weary World

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Michele Ferenze, Executive Producer An exploration of the role of “good offices” providers in long-standing, complex conflicts … Read More 

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Workplace Dispute ResolutionDirections for the Twenty-First Centyury

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Dispute management in the U.S. currently accepts workplace conflicts as a necessary part of organizational life. Having an effective dispute management system means providing the methods to resolve a dispute that match the type and stage to which it has progressed while also serving the needs of those who use the system. Contributors to this collection … Read More 

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Program on Negotiation associate Paola Cecchi Dimeglio Edits a Collection of Dispute Resolution Essays in “Interdisciplinary Handbook of Dispute Resolution”

Posted by & filed under Dispute Resolution.

Program on Negotiation associate and researcher Paola Cecchi Dimeglio, a postdoctoral research fellow at the Harvard Negotiation Research Project, was the editor for a comprehensive, interdisciplinary guide to dispute resolution that combines negotiation research written in both French and English. Cecchi Dimeglio’s “Interdisciplinary Handbook of Dispute Resolution,” published by Larcier, is currently available in the Program … Read More 

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When Talk Works Profiles of Mediators

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When mediator Jimmy Carter talks, world leaders listen. When violence erupts in a public housing project, Linda Colburn mediates for peace. And when attorney William Hobgood intervenes to resolve a labor dispute, he saves workers and management the economic and emotional costs of litigation. When Talk Works goes behind the scenes with accomplished mediators to show … Read More 

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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 

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When Spider Webs Unite Five Case Studies of the Third Side in Action

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When Spider Webs Unite is the next work in the evolution of William Ury’s “Third Side” concept. Through a series of case studies, the book illustrates how the “Third Side” becomes operationalized in actual conflict situations. The five case studies, written by Program on Negotiation Graduate Fellows, represent a wide range of conflicts: Native American land … Read More 

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What is BATNA? 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 has seen a slew of labor … Read More 

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Employee Grievances: Most Legal Disputes are Resolved in Litigation or Arbitration?

Posted by & filed under Dispute Resolution.

A common question asked is, “If most legal disputes are resolved in litigation, is there room for arbitration or mediation?” In 2000, Coca-Cola Enterprises (CCE), seeing the surge in employee grievances and litigation in other companies, implemented a revolutionary dispute system they called SOLUTIONS to deal with its own internal disputes. Dispute Systems Design, or DSD, is … Read More 

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Third Side (The) Why We Fight and How We Can Stop

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Also published as Getting to Peace: Transforming Conflict at Home, at Work, and in the World (New York: Viking, 1999) (hardcover) Conflict rages everywhere: at home, at work, in schools, and on the world stage. William Ury presents a new approach for dealing with human conflict based on two decades of research and new anthropological evidence. … Read More 

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Resolving Environmental Regulatory Disputes

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Rules and regulations set by government agencies are meant to protect the environment, but they often impose hardships on the very companies and communities they are designed to protect. These groups then seek to minimize the losses through long and costly litigation. In this volume, professors Susskind, Bacow and Wheeler offer an alternative to expensive and … Read More 

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Reinventing Congress for the 21st Century A Blueprint for Bringing Participation and Excellence to American Politics

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American politics is broken. With the Cold War won, the economy strong, and democracy triumphant, the United States should be enjoying the taste of victory and the fruits of peace. Instead, we are politically demoralized. At best, lawmakers enact policies of dubious merit. More often, opposing sides simply lock horns and nothing is resolved. No … Read More 

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How Does Mediation Work in a Lawsuit?

Posted by & filed under Mediation.

No one likes to go to court. Not only is it expensive and time-consuming, it often leads to frustrating results and damaged relationships. So is court-sponsored mediation a better route? The answer is “sometimes,” according to a comprehensive study of court-affiliated mediation programs by Roselle L. Wissler of Arizona State University’s College of Law in Tempe. … Read More 

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Public Dispute Mediators Profiles of 15 Distinguished Careers

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This book profiles 15 of North America’s most experienced public dispute mediators. The practitioners depicted originally worked in many different fields, including nursing, city planning, political science, labor relations, sociology, history, mathematics, environmental studies, and law, but they all have become skilled mediators through a combination of training, apprenticeship, and practice. While the career paths … Read More 

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After the West Coast Ports Conflict, Damage Remains

Posted by & filed under Crisis Negotiations.

No one wants to engage in crisis negotiations. When parties need to hurriedly work out a solution to a shared problem, time is short, tempers are frayed, and the disaster is looming. Feeling they’ve exhausted good-faith bargaining, parties in crisis negotiations may believe they face an impossible choice between caving in to the other side’s … Read More 

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Integrative Negotiations Examples: Dispute Resolution Through Joint Fact-Finding

Posted by & filed under Conflict Resolution.

Integrative negotiations examples involve cooperative approaches to the bargaining table in which each side not only seeks to maximize their claim in negotiations but also increase the overall size of the pie of resources to be divided. Here are some dispute resolution techniques drawn from the cooperative world of integrative negotiations for joint-fact finding with … Read More 

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Announcing the 2015 Winners of the PON Paper Prizes

Posted by & filed under Daily, Students.

The Program on Negotiation has awarded Bruno Verdini the 2015 Howard Raiffa Doctoral Student Paper Award for his paper “Charting New Territories Together: Laying the Foundations for Mutual Gains in United States – Mexico Water and Energy Negotiations.” This paper was submitted as his dissertation for the Ph.D. program at the Massachusetts Institute of Technology. Emily Cole Groden … Read More 

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Negotiations and Change From the Workplace to Society

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Managing change involves negotiation. Recognition of the interdependence between negotiations and change in the workplace and society has led to an explosion of research, writing and teaching on these topics. In 1965, Richard Walton and Robert McKersie laid the analytical foundation for much of this activity and innovation in negotiation practice with their landmark study, … Read More 

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Negotiation Strategies for Mutual Gain

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

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Negotiating Environmental Agreements How to Avoid Escalating Confrontation, Needless Costs, and Unnecessary Litigation

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When business leaders, government officials, and other stakeholders come to the table in an environmental, health, or safety dispute, acrimony often results, leading to expensive and time-consuming litigation. Not only does this waste precious resources, but rarely does the process produce the best outcome for any of the parties involved. For the past five years, the … Read More 

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Must We Fight? From the Battlefield to the Schoolyard – A New Perspective on Violent Conflict and Its Prevention

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In this book, William Ury (director of the Global Negotiations Initiative at the Program on Negotiation at Harvard Law School) and a panel of experts from several scientific disciplines challenge the commonly held notion that violence is “human nature.” Must We Fight? presents new research and insights into human nature which demonstrate that humankind is … Read More 

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Multiparty NegotiationFour-Volume Set

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This comprehensive four-volume collection on multiparty negotiation brings together nearly 100 classic works and cutting-edge papers from law, international politics, organization studies and public administration … Read More 

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Announcing the 2015 PON Summer Fellows

Posted by & filed under Daily, PON Summer Fellowships, Students.

About the PON Summer Fellowship Program: PON offers fellowship grants to students at Harvard University, MIT, Tufts University and other Boston-area schools who are doing internships or undertaking summer research projects in negotiation and dispute resolution in partnership with public, non-profit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between scholarship … Read More 

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Managing Conflict in the Former Soviet Union Russian and American Perspectives

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Since the collapse of the Soviet Union, numerous ethnic conflicts have emerged within and between the the former Soviet Republics, but the causes of these crises are sometimes poorly understood. In this collaborative effort, Russian and American scholars document U.S. and Russian policy toward ethno-national conflict in these regions, as well as the attempts of international … Read More 

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Manager as Negotiator (The)Bargaining for Cooperation and Competitive Gain

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This fine blend of Harvard scholarship and seasoned judgment is really two books in one. The first develops a sophisticated approach to negotiation for executives, attorneys, diplomats – indeed, for anyone who bargains or studies its challenges. The second offers a new and compelling vision of the successful manager: as a strong, often subtle negotiator, … Read More 

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Hidden Conflict in Organizations Uncovering Behind-the-Scenes Disputes

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Conflict is a persistent fact of organizational life. Much of it, however, rarely becomes public and instead is expressed `behind the scenes’ in such forms as avoidance, toleration, gossip and vengeance. This book is a collection of essays written by scholars and practitioners in the fields of organizational psychology and conflict management including John Van … Read More 

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Handbook of Dispute Resolution (The)

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Winner, National Institute for Advanced Conflict Resolution’s 2005 Book Award – A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes … Read More 

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Getting Ready to Negotiate The Getting to YES Workbook

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The companion volume to Getting to Yes — an essential, easy-to-use workbook on effective negotiating. Getting Ready to Negotiate

The first workbook to illustrate the process described in the extraordinary bestseller, Getting to Yes.

Designed to help the beginner as well as the seasoned pro prepare for every type of negotiation.

Use the book as a refresher course on … Read More 

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Announcing the 2015-2016 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships, PON Graduate Research Fellowships, Students.

The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with the PON goal of fostering the development of the next generation of scholars, this program provides support for one year of … Read More 

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PON Faculty Members Jeswald Salacuse, Deborah Kolb, and William Ury Honored on Time’s List of the Five Best Negotiation Books of 2015

Posted by & filed under Negotiation Skills.

Program on Negotiation faculty members Jeswald Salacuse, Deborah Kolb, and William Ury were named by Time magazine as the authors of three of the five best negotiation books of 2015. Jeswald Salacuse’s latest work, The Global Negotiator: Making, Managing and Mending Deals Around the World in the Twenty-First Century, describes the negotiation skills people need to succeed … Read More 

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Dividing the Child Social and Legal Dilemmas of Custody

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Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin consider these questions and their ramifications for society. This book examines the social and legal realities of how divorcing parents make … Read More 

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Examples of Difficult Situations at Work – Negotiation Skills for Dealing with Difficult People

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Learning how to overcome emotions in negotiation can help you create better agreements and claim more value in your negotiation scenarios. Examples of difficult situations at work are used to illustrate the negotiation skills you can incorporate into your negotiation strategies when you learn how emotional triggers impact your decision making ability. … Read More 

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Designing Conflict Management Systems A Guide to Creating Productive and Healthy Organizations

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As organizations restructure and social stresses escalate, conflict in the workplace is on the rise. Whether in response to organizational goals such as resolving disputes with customers and clients, systemic problems in hiring and promotion practices, or interpersonal issues between managers, employees, and co-workers, business and government agencies are finding it increasingly more productive — … Read More 

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Cure for Our Broken Political Process (The) How We Can Get Our Politicians to Resolve the Issues Tearing Our Country Apart

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ABOUT THE BOOK: Record numbers of Americans fear that our political process is broken — for good reason. Our nation faces unprecedented challenges, yet our politicians spend most of their energy attacking one another. All the while, no one in public life has offered a practical way to neutralize the bitter partisanship that paralyzes Washington. Firmly grounded … Read More 

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International Negotiation: Systems Thinking and Peace Building

Posted by & filed under Conflict Resolution.

Policymakers, practitioners, and academics have seized on the need for peacebuilding negotiation strategies in international negotiations to be as complex and adaptive as the societies within which they work.  As a result, there are loud calls for “whole of government” or “whole of community” approaches that cross traditional sectoral boundaries.  The problem is that these … Read More 

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Negotiation Strategies and Salary Negotiations

Posted by & filed under Business Negotiations.

A difficult conversation many people encounter in the course of a professional career is that of the dreaded salary negotiations. What negotiation strategies can a bargainer employ to create value in a win-win negotiation scenario and how can she avoid pitfalls in the bargaining process? … Read More 

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Breaking the Impasse Consensual Approaches to Resolving Public Disputes

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Drawing on his experience in the MIT-Harvard Public Disputes Program, a leading mediator and his co-author provide the first jargon-free guide to consensual strategies for resolving public disputes-indispensable to citizen activists and to business and government leaders.   “A complement to Getting to Yes . . . shows how parties involved in public disputes over housing projects, … Read More 

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New Findings in the Field of Negotiation: Session One

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Explaining idea

The Program on Negotiation at Harvard Law School is pleased to present: New Findings in the Field of Negotiation: Research from the PON Graduate Research Fellows with

Vera Mironova PhD candidate in political science at the University of Maryland and

Abbie Wazlawek PhD candidate in management at Columbia Business School and

Boshko Stankovski PhD candidate in politics and international studies at University of Cambridge   Tuesday, April 21 12:00 – 1:30 … Read More 

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Analyzing the Name Dispute between the Republic of Macedonia and Greece: Twenty Years after the Interim Agreement

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Untitled

The Program on Negotiation at Harvard Law School is proud to present Analyzing the Name Dispute between the Republic of Macedonia and Greece: Twenty Years after the Interim Agreement  with

Mr. Matthew Nimetz Personal Envoy of the Secretary-General of the United Nations and

Dr. Daniel Serwer Senior Research Professor of Conflict Management Johns Hopkins School of Advanced International Studies and

Mr. Boshko Stankovski

Graduate Research Fellow, Program … Read More 

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Culture and Negotiation

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Culture-along with many other variables-often affects international negotiations. Culture and Negotiation offers a unique contribution by focusing on the distinctive impact of culture, both in creating unexpected opportunities for dispute settlement and in imposing obstacle to agreement. Part I presents expert views on the nature and limits of culture’s influence on negotiation. Part II comprises … Read More 

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World Trade Center Redevelopment Negotiation

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Lawrence Susskind, Katherine Harvey, David Kovick, F. Peter Phillips, Marc Wolinsky, Cathy Cronin Harris, and Simeon Baum Six-person facilitated negotiation among representatives of the city, state, developer, insurer, and victims’ families regarding the redevelopment of the World Trade Center site following the Sept. 11, 2001 terrorist attacks … Read More 

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Williams v. Northville

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person, non-scorable mediation between a school principal and a parent (with attorneys) regarding a values-based dispute over classroom discussions and materials addressing same-sex couples and their families … Read More 

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Interdisciplinary and International Perspectives on ADR: Past, Present, and Future

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paola dimeglio

The Program on Negotiation at Harvard Law School is pleased to present: Interdisciplinary and International Perspectives on ADR: Past, Present, and Future with

Dr. Paola Cecchi-Dimeglio Editor, Interdisciplinary Handbook of Dispute Resolution

Wednesday, April 15, 2015 12:00 – 1:30PM Pound Hall 102 Harvard Law School campus Free and open to the public.  A non-pizza lunch will be provided.  About the Book:  Over the last three decades, Alternative Dispute Resolution (ADR) … Read More 

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Westville

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John Forester and David Stitzel Three-person, three-issue, integrative, scoreable mediation among representatives of a homelessness task force and a neighborhood group, mediated by a planning department representative, over the terms of a proposed homeless shelter in their suburban town … Read More 

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Welding Connection

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

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Water on the West Bank

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

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Tucker Graphics, Inc. and Nihon Ichiban Technology

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Sean Cote under the supervision of Abram Chayes and Antonia Handler Chayes Three-person mediated or arbitrated settlement conference regarding a contract dispute between a U.S.-based graphics firm and a Japanese digital printer manufacturer … Read More 

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Three-Party Coalition Exercise

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

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Negotiating Terms and Conditions to Reach an Agreement

Posted by & filed under Dispute Resolution.

A married couple was debating whether their four-year-old daughter should attend public or private elementary school. It was a difficult issue, and Mike had a tendency to walk out when the conversation got heated. Frustrated, Lisa turned to negotiating terms and conditions just as a negotiator would in a business deal. Lisa imposed a condition on … Read More 

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Teflex Products

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

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Summitville Service Agreement

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Patrick Field and Tracy Dyke A two-team (four-party), co-mediated, multi-issue negotiation simulation involving a bitter property tax dispute between a small town and an Indian band living on a nearby reservation … Read More 

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How Does Mediation Work?

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How does mediation work in practice? As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel. Mediation can include some or all of the following six steps, writes Kimberlee K. Kovach in The Handbook of Dispute Resolution (Jossey-Bass, 2005): 1. Planning. Before mediation begins, the mediator helps the parties decide where … Read More 

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Springfield OutFest

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown This is a six-person, non-scorable negotiation simulation focused on mediating values-based legal disputes, specifically disputes involving conflicting views and values regarding homosexuality and religious faith. … Read More 

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The Importance of Sincerity

Posted by & filed under Conflict Resolution.

Most of us have had the experience of delivering an apology that fell on deaf ears. When apologies fail to achieve their aims, poor delivery is usually to blame. In particular, if the recipient thinks your apology is less than sincere, she is unlikely to forgive you. … Read More 

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Siting an Asphalt Plant in the City of Madrona

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Jason Corburn and Lawrence Susskind Six-party, multi-issue negotiation among community representatives, elected leaders, environmental and health experts, and asphalt company regarding siting of an asphalt plant in a racially mixed neighborhood … Read More 

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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 

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Radwaste II

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Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle Six-party, multi-issue negotiation among state and local government, enviromental, and industry representatives to select one of three sites for low-level radioactive waste disposal … Read More 

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Google’s Approach to Dispute Resolution

Posted by & filed under Dispute Resolution.

In the face of antitrust charges, Google’s new guiding principle for dispute resolution is “Don’t litigate, negotiate,” according to the Wall Street Journal. In recent years, U.S. and European regulators have accused Google of abusing its dominance in online searches by promoting its own services, such as Google Shopping, at the expense of its competitors’ services. … Read More 

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Radwaste I

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

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Dispute Resolution Using Online Mediation

Posted by & filed under Mediation.

Suppose you want to hire a mediator to help you resolve a conflict that you’re having with an individual or a company, but for various reasons, meeting face-to-face would be difficult. Perhaps you and the other party are located in different geographic areas. Maybe your dispute originated in an online transaction, and you’ve never even met. … Read More 

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Puerto Mauricio Development Conflict Simulation – Parts I & II

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Mieke van der Wansem, Tracy Dyke and Lawrence Susskind Thirteen-person, multi-issue, two-round, partially scoreable negotiation among government, industry, environmental, and farming stakeholders to develop a land-use plan (Part I) and among additional government stakeholders over plan approval (Part II) … 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 highly anticipated new book, Getting To Yes With Yourself. Great negotiators … Read More 

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PowerScreen Problem

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Bruce Patton, Mark Gordon and Andrew Clarkson Two-party integrative negotiation between the lawyers for business partners concerning the ownership of a new computer program one of them has developed … Read More 

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BATNA Negotiation Example: Making a Bad BATNA Even Worse

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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 

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Powergraphics

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Michael Watkins, Marjorie Corman Aaron and Joshua Weiss Two-party integrative negotiation between business partners concerning the ownership of a new computer program one of them has developed; condensed, non-agent version of PowerScreen Problem … Read More 

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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 

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Open Lands A Private Planning Negotiation

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Patrick Field, Ric Richardson, and John Harrison Eight-person facilitated negotiation among seven landowners to develop voluntary private land-use plan to provide financial security while preserving open space and agricultural land … Read More 

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An Alternative to Traditional Dispute Resolution Instruction

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

Many negotiation and mediation instructors draw from other disciplines for a range of purposes. Insights from social psychology, for instance, can help students understand, explain, or predict certain interpersonal and inter-group dynamics. Ideas from economics and game theory can shed light on various value-creation principles. The performing arts, including improvisational theater, can help negotiation students … Read More 

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Offshore Wind Farm Negotiation

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MIT Students in the Department of Urban Studies and Planning, under the supervision of Prof. Lawrence Susskind and Dr. Herman Karl 8-party nonscorable negotiation among commercial, environmental, and governmental stakeholders over a controversial proposal to develop offshore wind farms … Read More 

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Reflections of a Mediator: Preventive Diplomacy in an Age of Conflict

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Black and white image of Dr. Johnston Barkat

The Program on Negotiation at Harvard Law School is pleased to present: Reflections of a Mediator: Preventive Diplomacy in an Age of Conflict with

Dr. Johnston Barkat Assistant Secretary-General United Nations Ombudsman and Mediation Services  

Tuesday, April 7, 2015 12:15 – 1:30PM Pound Hall 100 Harvard Law School campus Free and open to the public.  A non-pizza lunch will be provided.   About the Speaker: Dr. Johnston Barkat is the Assistant Secretary-General heading … Read More 

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Neighborhood Care, Inc.

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Lawrence Susskind and Bruce Patton Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged … Read More 

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Deciding on Arbitration vs. Mediation? Try Combining Them

Posted by & filed under Mediation.

The choice: arbitration vs. mediation. You’re not sure which of two common dispute resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, … Read More 

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Negotiated Rulemaking for Electric Utilities

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Jonathan Raab and Lavinia Hall Five-person facilitated negotiation among environmental, industry, public utility, and government representatives to revise a proposed rule incorporating environmental costs into electric utility rates … Read More 

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Dispute Resolution and the Chicago Teachers Union Strike

Posted by & filed under Dispute Resolution.

When a conflict looms, it can be tempting for each side to try to make unilateral decisions on key issues because of the belief that negotiations with the other side will be a dead end. This dispute resolution strategy may pay off in the short term, but it’s important to factor in the long-term costs … Read More 

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Negotiated Development in Redstone

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Lawrence Susskind and John Forester Two-party, two-issue scoreable negotiation between a developer and a neighborhood association representative regarding the development terms of a new condominium project … Read More 

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What Makes a Good Mediator?

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What makes a good mediator? And how is it that mediators—who themselves lack any power to impose a solution—nevertheless often lead bitter disputants to agreement? … Read More 

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Monroe Energy Assistance Game I

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Allan Morgan and Lawrence Susskind Six-party, four-issue negotiation among representatives of consumer groups, political leaders, and public utilities to develop a statewide energy assistance plan for low-income residents … Read More 

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MC Metals

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Dan Delisi, under the supervision of Lawrence Susskind and Paul Levy Six-person integrative negotiation among representatives of manufacturing company, occupational safety agency, union, local fire department, and local technical expert to settle claims of safety violations that allegedly caused two employee deaths … Read More 

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Dealmaking: 5 Tips for Closing the Deal

Posted by & filed under Dealmaking.

What to do when you’ve done everything right, but you still aren’t closing the deal? Here are some dealmaking tips from Negotiation Briefings to help you close the deal in your next negotiation session. … Read More 

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March at Drumcree Role Play, The

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Rose Foley, under the direction of David Fairman and Laura Keane Five-party, multi-issue, EU-mediated negotiation between representatives of Catholic and Protestant groups regarding a Protestant marching route through Catholic neighborhoods … Read More 

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James Baker: The Man Who Made Washington Work

Posted by & filed under Daily, Events, PON Film Series.

James Baker Film Image

The PON Film Series is pleased to present: James Baker: The Man Who Made Washington Work

Join us for a screening and discussion with writer and director Eric Stange, moderated by Professor James Sebenius, Harvard Business School   Wednesday, March 11, 2015 7:00 PM Langdell Hall South, Harvard Law School Free admission; public welcome. Refreshments will be served.   About the film: Narrated by Tom Brokaw, James … Read More 

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Can Mediation Settle the James Brown Dispute?

Posted by & filed under Mediation.

Back in 2000, James Brown, the legendary “Godfather of Soul,” signed a will leaving most of his estate—valued up to $100 million—to provide scholarships to needy children. In an audio tape, the musician explained that he hoped to cement his legacy with these good deeds. In the will, Brown also set aside scholarship funds for … Read More 

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Long River

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Catherine Ashcraft and Larry Susskind A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action plan … Read More 

Daily

Teaching Negotiation: A Symposium On Excellence & Innovation For Teachers & Trainers

Posted by & filed under Teaching Negotiation.

This program is designed for anyone who teaches negotiation, dispute resolution, or conflict analysis across any field (e.g., law, business, international relations, social work, peace studies, public policy, urban planning, environmental studies, and engineering). Negotiation trainers who provide on-site or online training to business or community clients should also attend so they can evaluate potential new … Read More 

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Least-Cost Planning Exercise

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

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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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Lake Wasota Fishing Rights

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Denise Madigan, Tod Loofbourrow with teaching notes by Eileen Babbitt and Lawrence Susskind Six-party, six-issue, scoreable negotiation among representatives of tribal, state, federal, recreation, and business interests over fishing rights in a large lake … Read More 

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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 

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Humboldt

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Lawrence Susskind Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant … Read More 

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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 

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Hitana Bay Development Simulation

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International Programme for the Management of Sustainability, with Lawrence Susskind Ten-party, multi-issue negotiation among government, development, industry, labor, and preservation interests over port improvements, real-estate development, and environmental protection in a Caribbean island harbor expansion … 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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Heat Islands

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Tyler Corson-Rickert and Mónica Oliver under the direction of Professor Lawrence Susskind This is a seven-party, integrative negotiation between stakeholders in a city over how to implement housing retrofits to enhance resilience to extreme heat in the aftermath of deadly heat waves attributed to climate change. … Read More 

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Harborco

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Denise Madigan, Thomas Weeks, and Lawrence Susskind Six-party, multi-issue, scoreable negotiation among representatives of a port developer, labor union, environmental coalition, other regional ports, governor’s office, and department of coastal resources over a proposal to build a new deep-water port … Read More 

Daily

How Negotiation Exercises Can Prepare You For Cross-Cultural Negotiations

Posted by & filed under Teaching Negotiation.

The increasingly diverse and global nature of business sets the stage for disputes that can cross ethnic and cultural lines—fueling the need for expertise in cross-cultural negotiations. To help teach these nuances and tactics, the Teaching Negotiation Resource Center (TNRC) has developed several negotiation exercises that address the challenges that are inherent to cross-cultural negotiations. … Read More 

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George and Martha

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Michael Wheeler Two-party integrative negotiation between representatives for a divorcing couple over the amount of child support payments … Read More 

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In “Chinatown” Conflict Resolution, the Dust Clears

Posted by & filed under Conflict Resolution.

Using conflict resolution techniques, the city of Los Angeles recently achieved an impressive victory by ending a 100-year battle with California’s Owens Valley over water rights and air pollution. The dispute dates back to the early 1900s, when agents working for the city of Los Angeles, posing as farmers and ranchers, bought up most of the … Read More 

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Gadgets, Inc.

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Cheri Peele and Lawrence Susskind Six-party, four-issue negotiation among a company’s management and union representatives, environmental groups, and state and federal environmental agencies over fines and adoption of new technology in response to the company’s illegal polluting … Read More 

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First City Bank and the Press

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

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For Conflict Resolution in Asia, A Simple Handshake Could Go Far

Posted by & filed under Conflict Resolution.

When disputes arise between international negotiators, sometimes a simple gesture of reciprocity can turn a boiling conflict into an amicable resolution. In this article the Program on Negotiation explores how a “simple handshake” between the leaders of Japan and the People’s Republic of China helped ease long-held tensions between the two countries. … Read More 

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Federal Lands Management II

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Consensus Building Institute, Montana Consensus Council and Bureau of Land Management Facilitated multi-party negotiation over the appropriate environmental, commercial, residential, and other uses of federal lands in the Rocky Mountains … Read More 

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Make the Most of Mediation in Negotiations and Dispute Resolution

Posted by & filed under Mediation.

Negotiations that turn into intractable disputes between negotiators should look to mediators and mediation as a solution to the impasse. Previously the Program on Negotiation has discussed litigation and arbitration as pathways that acrimonious disputes between negotiating parties can take. In this article, mediation is discussed as a method for creating value and resolving disputes … Read More 

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Federal Lands Management I

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Consensus Building Institute, Montana Consensus Council, and Bureau of Land Management Facilitated multi-party negotiation over the appropriate decision-making process for a federal land management dispute … Read More 

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The Moral Quandary: Negotiation Exercises Featuring Ethical Dilemmas

Posted by & filed under Teaching Negotiation.

In a negotiation, few issues heighten tensions faster than when one party feels that the other party has done something ethically or morally incorrect. To help professionals prepare for times like this, the Program on Negotiation’s Teaching Negotiation Resource Center (TNRC) offers a variety of negotiation exercises designed to teach participants how to handle disputes that … Read More 

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Ellis v. MacroB

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faith … Read More 

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Conflict Management: Intervening in Workplace Conflict

Posted by & filed under Conflict Resolution.

Question: I’m aware of lots of unresolved personnel issues that seem to be festering in my department, such as complaints about someone who is not doing his share of the work, another person whose griping is causing a drop in morale, and two coworkers who can’t seem to get along. I’m comfortable negotiating with customers, … Read More 

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Eazy’s Garage

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

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What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation

Posted by & filed under Dispute Resolution.

Suppose that in each case, the parties and their lawyers have exhausted their attempts to negotiate a resolution on their own. They’re ready for outside help in ending their dispute, yet they don’t know where to turn. When it comes to dispute resolution, we now have many choices. Understandably, disputants are often confused about which process … Read More 

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Discount Marketplace and Hawkins Development

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

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Mediation: Negotiating in the Shadow of Crisis

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The most difficult peace negotiations in recent decades—in Ireland, the Middle East, the former Yugosloavia, and Sri Lanka—were plagued by a common enemy: violent disruptions by spoilers opposed to the peace process. In each of these cases, extremists stalled negotiations by creating security crises that divided public opinion and drove negotiators apart. What can be … Read More 

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DirtyStuff I

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Lawrence Susskind Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product … Read More 

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When Family Business Disputes Require Conflict Resolution

Posted by & filed under Conflict Resolution.

The legacy of Martin Luther King Jr. is marked by lofty ideals like equal rights, peace, and justice. That’s why the news that King’s three surviving children are locked in a “power struggle,” in the words of the Los Angeles Times, that has boiled over into two lawsuits and the need for conflict resolution concerning … Read More 

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Development Dispute at Menehune Bay

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Lawrence Susskind, Thomas Dinell, and Vicki Shook Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii … Read More 

Daily

Not-So-Privileged Information

Posted by & filed under Dispute Resolution.

The law of attorney-client privilege protects certain communications on the assumption that clients will reveal critical information to their attorneys only if they know such disclosures will not harm them in court. Despite the inadmissibility of such evidence, judges can have difficulty disregarding privileged information that sheds light on a case. … Read More 

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Costless Warehouse

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

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Construction in Bunyonville

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

Daily

Negotiation Skills: Overcoming the Not-In-My-Backyard (NIMBY) Syndrome

Posted by & filed under Negotiation Skills.

Lawrence Susskind (Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; author of Built to Win; co-author of Breaking Robert’s Rules and Breaking the Impasse) NIMBY opposition is counterproductive, costly and unnecessary. In this posting, the author explains a proven process for getting around it and settling disputes before they have a chance … Read More 

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Chemco, Inc.

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Wendy Pabich and Lawrence Susskind Six-person, five-issue negotiation between three industrial factory representatives and three environmental agency representatives over environmental and economic concerns in the wake of damaging negative publicity for both parties … Read More 

Daily

Powerful Conflict Resolution Games To Help You Teach Negotiation

Posted by & filed under Teaching Negotiation.

From complicated negotiation strategies to artful subterfuge, conflict resolution games are one of the very best ways to prepare for the challenges of real-world negotiation. Games that employ a Prisoner’s Dilemma structure (where rational parties may not cooperate despite their best interests) enable participants to analyze negotiations, make strategic decisions, and anticipate their counterpart’s next … Read More 

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Carter Estate Problem, The

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

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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 

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Camilia Pictures

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Robyn Cali and Robert C. Bordone Two-party, multi-issue, potentially integrative settlement negotiation between lawyers for a large entertainment conglomerate and its wholly-owned film production company over the rights to a new documentary film and the clients’ future relationship … Read More 

Daily

Harvard Negotiation Law Review Symposium: “Restorative Justice: Theory Meets Application”

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PON is pleased to co-sponsor the 2015 Harvard Negotiation Law Review symposium: Restorative Justice: Theory Meets Application Saturday, February 28, 2015 9:00 a.m. – 4:30 p.m. Austin Hall, Harvard Law School Campus Free and open to the public. Registration is highly recommended.   The goal of the Symposium is to promote an exciting discussion about the potential to leverage ADR practices and frameworks in restorative justice initiatives, … Read More 

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Broken Benches

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

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Negotiation Simulations Focused On Legal Lessons

Posted by & filed under Teaching Negotiation.

In complex legal negotiations, money, reputations, and sometimes even lives are often at stake. Legal professionals must know how to read and debate the law as well as fully embrace the art and science of negotiation. To help attorneys and other legal professionals become well versed in law and court-based negotiation, the Program on Negotiation’s Teaching … Read More 

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Bog Berries, Inc. v. the Federal Environmental Agency

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Catherine Preston and Lawrence Susskind Five-issue negotiation between three factory representatives and three Federal Environmental Agency representatives over the factory’s new operational agreement, in the context of harsh public criticism of both parties … Read More 

Daily

Dealing with Difficult People and Negotiation: When Should You Give Up the Fight?

Posted by & filed under Dealing with Difficult People.

Adapted from “When Should You Give Up the Fight?,” first published in the October 2011 issue of Negotiation. Negotiators often fail to recognize when it’s time to walk away from a dispute – a trap that can squander time, money, and reputations. Receive tens of millions of dollars in a mediated settlement, and you might rightly think … Read More 

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Arms Control on Cobia

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

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International Negotiations and Conflict: Tony Blair’s 10 Principles for Dispute Resolution Negotiations

Posted by & filed under International Negotiation.

In his recent memoir, the former world leader shares lessons from the peace process in Northern Ireland. Upon his election as prime minister of Great Britain in May 1997, Tony Blair made peace negotiations in Northern Ireland his first order of business, he recounts in his memoir, A Journey: My Political Life (Knopf, 2010). … Read More 

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Amending Approval for the Storyville Pulp and Paper Mill

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Consensus Building Institute and Alberta Environmental Appeal Board Mediation of a three-party dispute among a paper mill, a community group, and an environmental regulatory agency over the paper mill’s air pollution permit … Read More 

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Managing Growth in Rockville

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

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How Case Studies Facilitate Negotiated Agreements

Posted by & filed under Teaching Negotiation.

What do a Nobel Peace Prize recipient, the CEO of an international financial advisory firm, and the former United States ambassador to the United Nations have in common? They’ve all received the Great Negotiator Award. Every year, the Program on Negotiation at Harvard Law School bestows this prestigious honor on distinguished leaders whose lifelong accomplishments in … Read More 

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Jefferson Hazardous Waste Negotiation

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

Daily

To Avoid the Need for Dispute Resolution, Plan Ahead

Posted by & filed under Dispute Resolution.

When disputes flare up in business relationships, a failure to thoroughly anticipate and prepare for the future is often to blame. Consider a dispute that has arisen surrounding the estate of Maurice Sendak, the acclaimed children’s book author and illustrator of dozens of books, including the masterpiece Where the Wild Things Are. As Randy Kennedy … Read More 

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Eazy’s Garage

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

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How Negotiation Examples Can Help You Become A Better Mediator

Posted by & filed under Teaching Negotiation.

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

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DirtyStuff II

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Jeffrey Litwak and Lawrence Susskind Six-person, multi-issue facilitated negotiation among industry, environmental, consumer/community, labor, and government representatives to develop single-text regulation of toxic industrial by-product … Read More 

Daily

International Negotiation Skills: Before Apologizing, Consider the Culture

Posted by & filed under International Negotiation.

In 2004, after Japanese regulators shut down Citigroup’s private bank in the country for breaking numerous laws, then-CEO Charles O. Prince made headlines by traveling to Japan, bowing deeply before television cameras, and apologizing for his firm’s mistakes. As unusual as it seemed in American eyes, the public apology was widely seen in Japan as … Read More 

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Bamara Border Dispute

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

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How Negotiation Role-Play Simulations Can Help You Resolve Environmental Disputes

Posted by & filed under Teaching Negotiation.

From complicated land use debates to the regulation of pollutants, environmental negotiations are fraught with dynamic legal, scientific, and societal considerations. Because many of the natural resources in question are limited and fragile, disputes over them can be particularly difficult. To help educate professionals about how to work through challenging environmental and sustainability negotiations, the Program … Read More 

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Global Management of Organochlorines

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

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 

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Negotiation Journal

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The Negotiation Journal is a multidisciplinary international journal devoted to the publication of works that advance the theory, analysis, practice, and instruction of negotiation and dispute resolution. … Read More 

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Detroit Moves Forward, Thanks to Mediation

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About 15 months after becoming the largest U.S. city to file for bankruptcy, Detroit is on track to begin rebuilding and growing stronger. On November 7, a federal judge approved a plan aimed at ridding the city of its $7 billion in debt and investing about $1.7 billion in city services, the New York Times … Read More 

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Harvard Negotiation Law Review

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Negotiation, not adjudication, resolves most legal conflicts. However, despite the fact that dispute resolution is central to the practice of law and has become a “hot” topic in legal circles, a gap in the literature persists. “Legal negotiation” — negotiation with lawyers in the middle and legal institutions in the background — has escaped systematic … Read More 

Daily

Difficult Negotiation Going Nowhere? Consider an Apology

Posted by & filed under Dispute Resolution.

If you’ve ever offended a fellow negotiator with words or actions, you know how hard it can be to make amends. In past issues of Negotiation Briefings (February 2009, June 2010), we have described how effective a simple apology can be in bringing parties back together and restoring trust. … Read More 

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In Rome, Conflict Management Turns Operatic

Posted by & filed under Conflict Resolution.

When financial disputes arise between longstanding partners, both insiders and outsiders often note, “It’s not about the money.” Simmering resentment, mutual blame for ongoing problems, poor communication, and other deep issues often underlie arguments over money and make conflict management all the more difficult. Parties may reach agreement on monetary issues, but if they fail … Read More 

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Values-Based Mediation Simulations

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Three new role-play simulations focus on the mediation of values-based disputes. They are now available with Teaching Notes and an Annotated Bibliography from the Program on Negotiation Clearinghouse. … Read More 

Daily

Fighting For Your Livelihood

Posted by & filed under Teaching Negotiation.

From brokering a deal to negotiating a sale, there are many disputes that happen at work. Among the most challenging are those involving employers and employees. That’s the case with Binder Kadeer: Consultation in the Company, a negotiation exercise brought to you by the Program on Negotiation’s Teaching Resource Center (TNRC). … Read More 

Daily

Dealing with Difficult People: Coping with an Insulting Offer

Posted by & filed under Dealing with Difficult People.

The following “Ask the Negotiation Coach” question was posed to Dwight Golann, Suffolk University Law School professor and negotiation expert: Question: I deal with legal disputes and would like to find reasonable solutions without wasting years in court. But my opponents seem to feel compelled to make extreme—actually, insulting—opening offers. How should I respond? … 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 

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 

Daily

Four Negotiation Strategies for Resolving Values-Based Disputes

Posted by & filed under Dispute Resolution.

In many negotiations, both parties are aware of what their interests are, and are willing to engage in a give-and-take process with the other party to come to agreement. In conflicts related to personal identity, and deeply-held beliefs or values, however, negotiation dynamics can become more complex. Parties may not be willing to make any … Read More 

Daily

Build On Your Past Success in Business Negotiations

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For fans of AMC’s hit show Mad Men, the news was terrible. In late March 2011, the network publicly confirmed that the fifth season of the show, originally set to air summer of 2011, would not air until early 2012. A contract dispute with the show’s creator, producer, and head writer, Matthew Weiner, had held … Read More 

Daily

Panda Diplomacy and Business Negotiations: Applying Soft Power

Posted by & filed under Business Negotiations.

In 2011, Emiko Okuyama, the mayor of Sendai, Japan, launched a negotiation that, at the time, seemed relatively straightforward. Sendai had been devastated by the earthquake and tsunami that hit Japan earlier that year. In hopes of lifting the spirits of children traumatized by the natural disasters, Okuyama and other local officials came up with … Read More 

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Daily

Mediation: Negotiating a More Satisfactory Divorce

Posted by & filed under Mediation.

We’ve all heard nightmarish stories of divorce battles that take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be daunting, especially when the principals are barely speaking to each other. In the worst-case scenario, bitter spouses hire cutthroat lawyers … Read More 

Daily

Dealmaking: Don’t Wait for Them to Blink

Posted by & filed under Dealmaking.

Adapted from “Negotiators: How You Can Avoid Striking Out,” first published in the December 2012 issue of Negotiation. In labor disputes, negotiators on both sides are likely to overestimate the odds that the other side will view their proposals as fair. In fact, however, self-serving perceptions of what constitutes a fair settlement can cause negotiators to … Read More 

Daily

PON Graduate Research Fellow Vera Mironova Published by Foreign Policy

Posted by & filed under International Negotiation.

Every year, the Program on Negotiation (PON) honors distinguished scholars with a Graduate Research Fellowship that provides support for one year of dissertation research and writing in negotiation and related topics in alternative dispute resolution. These grants promote negotiation research and are awarded to candidates in the social sciences and professional disciplines who are currently … Read More 

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Negotiation Case Studies: Teach By Example

Posted by & filed under Teaching Negotiation.

There are good negotiators and there are great ones. Once a year, the Program on Negotiation at Harvard Law School selects an outstanding individual who embodies what it means to be a truly great negotiator. To earn the Great Negotiator Award, the honoree must be a distinguished leader whose lifelong accomplishments in the field of dispute … Read More 

Daily

In Business Negotiations, Restraint Can Be Key—Even in High Fashion

Posted by & filed under Business Negotiations.

When employees leave an unsatisfying job, the feeling of relief they feel sometimes motivates them to explain their decision to whomever will listen. But that tendency can backfire and necessitate tense business negotiations, as a recent story from the world of high fashion illustrates. In November 2012, designer Nicolas Ghesquière startled the fashion world with … Read More 

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Lawyers in Mediation and the Mediation Process

Posted by & filed under Dispute Resolution.

How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research … Read More 

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Daily

Conflict Resolution: When Forgiveness Seems Elusive

Posted by & filed under Conflict Resolution.

In the aftermath of events ranging from the Catholic Church’s child sexual abuse scandal to the 1994 Rwandan genocide, victims have received apologies from those who caused or perpetuated their suffering. Yet those who have been harmed are not always willing or able to forgive. In the context of business negotiations, when a counterpart apologizes … Read More 

Daily

Capture the Best of Mediation and Arbitration with Med-Arb

Posted by & filed under Mediation.

The problem: You’re not sure which of the two most common dispute-resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, but it … Read More 

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Daily

Dispute Resolution: Mandatory Arbitration Under Fire

Posted by & filed under Dispute Resolution.

A shake-up is afoot regarding large companies’ use of mandatory arbitration to settle disputes with consumers. Until now, if you got into a dispute with your credit card or cell-phone provider, you might have to sort it out in arbitration even if you’d rather file a lawsuit. Buried in the fine print of many consumer … Read More 

Daily

Conflict Management Skills and Techniques: The Benefits of Taking Your Dispute Public

Posted by & filed under Conflict Resolution.

Given the frequency with which companies air their private grievances, there must be an upside to going public, right? In fact, there are several. First, once you’ve threatened to take your dispute public, following through demonstrates your willingness to stand by your words. In addition, being in the spotlight can motivate both sides to address their differences with … Read More 

Daily

In Dispute Resolution, A Tale of Two Arthurs

Posted by & filed under Dispute Resolution.

In the business world, long-term loyalty to a CEO is supposed to be a good thing. For New England supermarket chain Market Basket, however, employees’ reverent appreciation for their former chief and co-owner, Arthur T. Demoulas, has proved to be destructive to the business in the short term, causing employee and customer protests as well … Read More 

Daily

Conflict Management Techniques: Should You Take Your Dispute Public?

Posted by & filed under Conflict Resolution.

To turn up the heat on opponents, negotiators sometimes advertise their grievances. Here’s negotiation skills advice on when it’s a good idea to be vocal—and when to keep talks private. The decision seemed nonsensical. Early on the morning of March 7, 2010, with the Academy Awards telecast just hours away, the Walt Disney Company pulled the signal on … Read More 

Daily

On Facebook, Dispute Resolution Goes Live

Posted by & filed under Dispute Resolution.

Facebook recently faced widespread criticism for conducting a psychology experiment on about 700,000 of its users without their informed consent. In the study, Facebook researchers manipulated users’ moods by exposing them to more positive or more negative posts than usual. Now CNNMoney reports that Facebook has been engaged in a more benign and possibly … 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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Three Questions to Ask About the Dispute Resolution Process

Posted by & filed under Dispute Resolution.

Dispute resolution is often a multistep process that can start with negotiation, move on to mediation, and, if necessary, end in arbitration or litigation. This progression allows parties to start off, quite naturally, with less-expensive, less-formal procedures before making bigger commitments of money and time. Still, there may be situations in which you wonder if it would … Read More 

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Conflict Management: Mediation Used in Dispute Resolution Over Art Museums

Posted by & filed under Mediation.

Two art museums have been at the center of disputes involving their host cities, Detroit, Michigan, and North Miami, Florida. In both cases, the question of who owns the museums’ collections and the museums themselves is at stake. Also in both cases, the interested parties have turned to mediation to break the impasse. Beginning in Detroit, … Read More 

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Daily

At the Met, Conflict Management in a Minor Key

Posted by & filed under Conflict Resolution.

This spring, the Metropolitan Opera opened labor talks with the 16 unions representing its workers, whose contracts all expire at the end of July, the New York Times reports. Labor and management agree on one fundamental point—that the opera is struggling financially amid falling ticket sales, a depleted endowment, and growing expenses. Perhaps not surprisingly, … Read More 

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Daily

The Consensus Building Institute Honors Program on Negotiation Faculty Member Lawrence Susskind with New Fellowship

Posted by & filed under Negotiation Skills.

The Consensus Building Institute (CBI) based in Boston, Massachusetts and in Washington, DC has honored Program on Negotiation faculty member Lawrence Susskind with its creation of a one-year graduate student fellowship that offers the successful candidate the opportunity to work with CBI in Boston or DC on an area of focus for bot CBI and … Read More 

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Daily

When Dealmaking Breaks Down, Take the High Road

Posted by & filed under Dealmaking.

When a negotiation reaches an impasse, it can be tempting to use threats and punishment to try to coerce the other side into conceding. That may be happening in a dispute between Amazon and Hachette, one of the largest New York publishers, as reported in the New York Times. In recent years, Amazon has been playing … Read More 

Daily

2014 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Negotiation Skills, Students.

The Program on Negotiation has awarded Eugene B. Kogan the 2014 Howard Raiffa Doctoral Student Paper Award for his paper “Coercing Allies: Why Friends Abandon Nuclear Plans.” This paper was submitted as his thesis for the Ph.D. program at Brandeis. Mr. Kogan is currently a Stanton Nuclear Security Postdoctoral Fellow in the International Security Program at … Read More 

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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 

Daily

Conflict Management – What You Need to Know Before You Click “Like”

Posted by & filed under Conflict Resolution.

A new conflict-management policy from General Mills, the food company behind products such as Cheerios, Bisquick, and Betty Crocker, may lead it to lose some friends on social media. The manufacturer recently added language to its website alerting consumers that they relinquish their right to sue the company simply by downloading coupons, “liking” General Mills on … Read More 

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Low-Drama Negotiation Skills at the “Late Show”

Posted by & filed under Negotiation Skills.

Just one week after David Letterman revealed his decision to leave his long-running talk show, the Late Show with David Letterman, CBS announced that comedian Stephen Colbert would be his replacement. The negotiations surrounding the changing-of-the-guard were remarkably business-like and calm for the tumultuous world of late-night television. Letterman debuted his show Late Night in 1982 … Read More 

Daily

Have You Negotiated How You’ll Negotiate?

Posted by & filed under Negotiation Skills.

A large pharmaceutical company was engaged in licensing negotiation with a small biotech firm over the terms of a technology transfer. When the talks reached a standstill over royalty rates, the two sides began an all-weekend marathon session. Each side came armed with supporting arguments and data, but, by Sunday afternoon, they had failed to converge toward … Read More 

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Daily

Program on Negotiation to honor Ambassador Tommy Koh as 2014 Great Negotiator

Posted by & filed under International Negotiation.

Join us for a conversation with Ambassador Tommy Koh of Singapore, the recipient of the 2014 Great Negotiator Award. This public program will feature panel discussions with Ambassador Koh and faculty from the Program on Negotiation and the Future of Diplomacy Project. The award recognizes Ambassador Koh for his work as chief negotiator for the … Read More 

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Maintaining Your Power

Posted by & filed under Conflict Resolution.

Adapted from “You Are Too Powerful for Your Own Good?” by Ann E. Tenbrunsel for the September 2005 issue of Negotiation. Given the pitfalls of having a position of relative power [LINK], what is a powerful negotiator to do? By following these steps, you can keep your edge while encouraging cooperative, rather than competitive, behavior. … Read More 

Daily

You Have Less Information Than You Think

Posted by & filed under Business Negotiations.

Most negotiators understand the importance of preparation and will dedicate significant time and energy to analyzing important negotiations in advance. Chances are, however, that powerful negotiators will undertake less informative and less accurate analyses than their weaker counterparts will. For instance, in a hypothetical salary raise negotiation, a negotiator may be so confident of her contributions that … Read More 

Daily

Umbrella Agreements, Consensus Building in the Arctic, and Negotiation in Social Enterprises: New Research from PON Fellows and Scholars

Posted by & filed under Daily, Events, PON Graduate Research Fellowships, Students.

Every year the Program on Negotiation sponsors fellows and visiting scholars while they research and write about topics important to the fields of negotiation and mediation. This lunch provides an opportunity for this year’s two Graduate Research Fellows, Alexandros Sarris and Sarah Woodside, and Visiting Scholar Stefanos Mouzas to share their findings with the negotiation … Read More 

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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 

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Daily

Top 10 International Negotiations of 2013: Apple’s Apology in China

Posted by & filed under International Negotiation.

In China this April, Apple CEO Timothy D. Cook made the unusual move of apologizing to Chinese customers for his company’s warranty policy and promised to make amends, the New York Times reports. On March 15, International Consumers’ Day in China, the nation’s largest state-run television network criticized Apple for giving iPhone customers in China a … Read More 

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Top Business Negotiations of 2013: Time Warner versus CBS

Posted by & filed under Business Negotiations.

On October 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 had dropped the company, the New York Times reports. The bad news has been attributed largely to an impasse with television network CBS over fees, which led to Time … Read More 

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Top Business Negotiations of 2013: Fiat’s Pursuit of Chrysler

Posted by & filed under Business Negotiations.

In 2009, when Chrysler on the verge of financial collapse, the Treasury Department negotiated a swift solution to save it from extinction. Chrysler would go into bankruptcy, and then its ownership would be divided up, with the majority going to a Chrysler union workers’ health-care trust, 20% to Italian automaker Fiat, 10% to the U.S. … Read More 

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Daily

Top Business Negotiations of 2013: Apple versus Samsung

Posted by & filed under Business Negotiations.

In August 2012, a California jury ruled that Samsung would have to pay Apple more than $1 billion in damages for patent violations of Apple products, particularly its iPhone. The judge eventually reduced the payout to $600 million. In November 2013, another jury ruled that Samsung would have to pay Apple $290 million of the … Read More 

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Mediation Expertise is What You Need

Posted by & filed under Mediation.

When a negotiation escalates into a dispute, most managers understand the value of seeking out a mediator for professional assistance with the matter. The question of whom to hire, however, is less clear-cut. What type of expetise should your mediator have, and where should you look for her? In this article, we will walk you … Read More 

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The Program on Negotiation’s MIT-Harvard Public Disputes Program Releases “Collaborative Approaches to Environmental Decision-Making” Case Studies

Posted by & filed under Conflict Resolution, MIT-Harvard Public Disputes Program.

The MIT-Harvard Public Disputes Program, one of the Program on Negotiation at Harvard Law School’s many research programs, acts as a center for research committed to thinking about and resolving disputes in the public sector. Led by its Director and Program on Negotiation executive committee member Lawrence Susskind, the MIT-Harvard Public Disputes Program conducts research … Read More 

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What If We Have the Same Social Motive at the Bargaining Table?

Posted by & filed under Dealmaking.

When two people share the same motive, they fall prey to the same flaws and reinforce each other’s failings. Consider a labor negotiation in which the chief management negotiator withholds information about revenue projections, while the labor leader holds back details about workforce sentiment. Impasse is the predictable result. When you’re negotiating with a fellow … Read More 

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How Mental Shortcuts Lead to Misjudging

Posted by & filed under Negotiation Skills.

Judges don’t make decisions based on a thorough accounting of all the relevant and available information. Instead, like all of us, they rely on heuristics – simple mental shortcuts – to make decisions. As many past articles have noted, heuristics often lead to good decisions, but they can also create cognitive blinders that produce systematic … Read More 

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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 

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How Inadmissible Evidence Leads to Misjudging

Posted by & filed under Conflict Resolution.

Throughout the litigation process, judges gain new information at settlement conferences, motion hearings, discovery disputes, and the trial itself. Inevitably, some of this information, though relevant to the case at hand, will be inadmissible under the rules of evidence. Unfortunately, informational blinders can prevent judges from disregarding this information when making decisions. … Read More 

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Ambassador Tommy Koh of Singapore Named the Great Negotiator by the Program on Negotiation and the Future of Diplomacy Project

Posted by & filed under Great Negotiator Award, International Negotiation.

The Program on Negotiation, an inter-university consortium of Harvard, MIT, and Tufts, and Harvard’s Future of Diplomacy Project have named Ambassador Tommy Koh of Singapore the recipient of the 2014 Great Negotiator Award. In public events at Harvard planned for the afternoon of Thursday, April 10, 2014 (details to be announced), participants will honor Koh’s … Read More 

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In Conflict Management, The Devil is in the Details

Posted by & filed under International Negotiation.

Negotiators engaged in conflict management are commonly advised to focus on the big picture, but sometimes it’s the smaller signs that can derail an agreement. That was literally the case in July when the U.S. government’s plans to engage in peace talks with the Taliban were scuttled over a simple sign and other symbols, as Dion … Read More 

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The Program on Negotiation at Harvard Law School: Three Decades of Scholarship and Practice

Posted by & filed under Negotiation Skills.

Founded in 1983, the Program on Negotiation at Harvard Law School is a pioneer in the fields of negotiation, mediation, and alternative dispute resolution. In commemoration of the program’s 30th anniversary this year, the Program on Negotiation is proud to present a video describing many of PON’s various educational and research activities. According to Chair Robert Mnookin, … Read More 

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For Better Negotiation Training, Study the U.S. Government’s Mistakes

Posted by & filed under Negotiation Training.

Business professionals seeking to improve their negotiation training can learn a great deal from the mistakes made in newsworthy negotiations. To take one recent example, Steven M. Davidoff of the New York Times’ “DealBook” recently analyzed how the U.S. governments rushed negotiations to save U.S. automaker Chrysler led to a costly long-term problem. … Read More 

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Mediating Tragedy: Managing the Boston Victim’s Compensation Fund

Posted by & filed under Mediation.

In mid-May, about a month after the Boston Marathon bombings of April 15, lawyer and mediator Kenneth Feinberg stood in an auditorium at the Boston Public Library to address families who had been directly impacted by the tragedy. Feinberg was in charge of administering One Fund Boston, a fund created to distribute donations to the … Read More 

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What If You Have to Arbitrate?

Posted by & filed under Dispute Resolution.

The likelihood that a provision for final-offer arbitration in the event of impasse will actually result in arbitration is slim. However, as a precaution, you and your counterpart should agree on an arbitrator before you start negotiating. It’s easier to choose an arbitrator when both sides view arbitration as an unlikely event when arbitration is … Read More 

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What to Do Before the Deal Breaks Down

Posted by & filed under Dealmaking.

Whenever one side fails to meet its contractual obligations, renegotiation is more likely to succeed if the parties have a strong relationship. Ideally, the aggrieved party will value long-term relations more than potential gains from a claim for breach of contract. For example, a bank will be more willing to renegotiate a loan with a … Read More 

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When Negotiation is Your BATNA: The US Engages on Syria

Posted by & filed under BATNA.

The United States and Russia have announced plans to hold a peace conference aimed at ending the civil war in Syria, which has killed more than 70,000 people. In an op-ed in the New York Times this May, Christopher R. Hill, the dean of the Korbel School of International Studies at the University of Denver and … Read More 

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2013 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Negotiation Skills, Students.

The Program on Negotiation has awarded Netta Barak-Corren the 2013 Howard Raiffa Doctoral Student Paper Award for her paper, co-written with Edy Glozman and Ilan Yaniv, “False Negotiations: The Art & Science of Not Reaching an Agreement.” Ms. Barak-Corren is an LLM candidate at Harvard Law School.     About the Award: The annual prize of $1000 is awarded … Read More