harvard law school

The following items are tagged harvard law school.

Daily

Hong Kong Lawyer Benny Tai Inspired by Harvard Negotiation Project Authors

Posted by & filed under Teaching Negotiation.

The Harvard Negotiation Project was recently mentioned in the Wall Street Journal by David Feith in his interview with Benny Tai, “China’s New Freedom Fighters.”

Benny Tai, a 49 year old lawyer who has been branded an “enemy of the state,” founded Occupy Central with Love and Peace, a group that promotes civil disobedience in order to promote free elections in Hong Kong.

Among Tai’s inspirations include works from the Program on Negotiation’s Harvard Negotiation Project.

Courses and Training

Fall 2014 Negotiation and Dispute Resolution

Posted by & filed under PON Seminars, PON Seminars (Semester Length Courses).

This highly interactive semester-length seminar explores the ways that people negotiate to create value and resolve disputes. Designed both to improve understanding of negotiation theory and to build negotiation skills, the curriculum integrates negotiation research from several academic fields with experiential learning exercises.

Free Report

Negotiation Master Class Fall 2014 Program Guide

Posted by & filed under Free Report.

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Over the years thousands of professional have participated in negotiation programs at the Program on Negotiation (PON) at Harvard Law School. And after a few months or years of putting their negotiation skills and techniques to work, participants inevitably ask us, what’s next?

The Program on Negotiation is pleased to announce the Negotiation Master Class, exclusively for PON alumni to be held November 5-7, 2014

Daily

Crisis Negotiations: Program on Negotiation Chair Robert Mnookin Joins Guest Panel on CNN Tonight to Discuss the Release of Bowe Bergdahl

Posted by & filed under International Negotiation.

CNN Tonight host Dan Lemon recently featured Program on Negotiation Chair Robert Mnookin along with fellow Harvard Law School professor Alan Dershowitz, storied commentator Anne Coulter, and Peter Bergen, CNN national security analyst, for a panel discussion regarding the recent exchange of Taliban prisoner for US soldier, Bowe Bergdahl.

The night’s discussion centered on whether or not US President Barack Obama was remiss in releasing five Taliban prisoners in exchange for one US soldier who was being held by the Taliban.

Courses and Training

Mediating Disputes

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

Become a skilled mediator.

Salvaging relationships. Opening lines of communication. De-escalating conflicts. Reaching workable agreements.

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 differences and mediate disputes across a variety of contexts.

Free Report

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 strategies. To help you gain a greater understanding of the impact of role-plays, we’ve recently introduced a new, free report: Teaching Negotiation. It reveals the answers to many common questions like:

• What does it mean to make a negotiation exercise “authentic”?

• When a role-play simulation is based on an historic event, how do you prevent students from simply “re-enacting” what happened?

• What role do human emotions play in role-play simulations?

• How do you create an immersive simulation experience in a short amount of time?

Daily

Negotiation Analysis: The US, Taliban, and the Bergdahl Exchange

Posted by & filed under International Negotiation.

The recent exchange between the United States and the Taliban of Sergeant Bowe Bergdahl for five Taliban leaders held at Guantanamo Bay, Cuba, represented the first public prisoner exchange of a US soldier in the thirteen year US involvement in Afghanistan. The background of the deal including how Private First Class Bergdahl (promoted twice to Sergeant while in captivity) entered Taliban control, how the deal was crafted and executed, and what it means for the future have rapidly come forward in bits and pieces through media channels.

What is currently missing in the existing commentary is a holistic negotiation analysis. A negotiation analysis applies negotiation frameworks and theory to better understand the events that have taken place and the unfolding debates, and can provide insight into future negotiations. It also enables understanding by using a template that includes stakeholders, core interests, deal set-up and components, execution, and post-deal debate and legacy to allow for a focused discussion.

Courses and Training

Free Report

Daily

When International Negotiation Stymies the Best Mediators

Posted by & filed under International Negotiation.

On May 13, Lakhdar Brahimi, U.N. special envoy to Syria, announced that he was quitting his position as lead mediator of the Syrian conflict due to frustration with a lack of progress. The same day, a French diplomat said the Syrian government had used chemical weapons more than 12 times after signing a treaty banning the weapons, according to the New York Times.

“It’s very sad that I leave this position and leave Syria behind in such a bad state,” Brahimi told reporters.

He was the second high-level mediator to abandon the conflict. In 2012, former United Nations Secretary-General Kofi Annan gave up his efforts to negotiate an end to the civil war after Syrian President Bashar al-Assad’s government failed to implement the six-point plan that Annan had negotiated between the government and opposition leaders.

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

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

This course examines core decision-making challenges, analyzes complex negotiation scenarios, and provides a range of competitive and cooperative negotiation strategies. Whether you’re an experienced executive or and up-and-coming manager – working in the private or public sector – this program will help you shape important deals, negotiate in uncertain environments, improve working relationships, claim (and create) more value, and resolve seemingly intractable disputes. In short, this three-day executive education program will prepare you to achieve better outcomes at the table, every single time.

Free Report

Daily

Dealmaking: 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 be tempting to rush through the contract-drafting process, file the document away quickly, and roll up your sleeves.

Courses and Training

Understanding Diplomacy and International Negotiations

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

Going far beyond war and peace, international negotiation spans issues ranging from global warming to foreign debt to human rights. Offered for first time in conjunction with Negotiation and Leadership, this dynamic full-day program will explore contemporary issues in international negotiations and diplomacy. Utilizing a combination of theoretical analysis, case studies, and simulations, this program will focus on negotiating across and behind the table and provide strategies and tactics for practicing diplomacy and undertaking international negotiations.
This one-day course, which takes place June 23, 2011, is based on Professor Salacuse’s books The Global Negotiator—Making, Managing, and Mending Deals Around the World in the Twenty-First Century and the Seven Secrets for Negotiating with Government. Participants will be provided with both books at the workshop as part of the course.

Read more

Free Report

NEW! Negotiation Strategies for Women: Secrets to Success

Posted by & filed under Free Report.

As a general manager of a business unit and the father of two daughters in college, I have no tolerance for gender bias in the workplace or anywhere else for that matter. At least that’s what I thought, until a women manager handed me the Negotiation Strategies for Women report that she recently received from the Program on Negotiation.

I read it cover to cover and was startled by what I learned – that double standards and obstacles still exist for women professionals to advocate for themselves. I met with my HR manager and together we scrutinized our business. We realized that we were unintentionally perpetuating gender inequality.

Discover how to collaborate, negotiate, and bargain with even the most combative opponents. In Dealing With Difficult People, you’ll gain actionable strategies for:

Dealing with people who won’t give you what you want

Holding your ground in difficult situations

Negotiating effectively in the face of adversity

Daily

In Mediation, Set Conditions with Care

Posted by & filed under Mediation.

On April 9, Israel said it was “deeply disappointed” by remarks by Secretary of State John Kerry that seemed to primarily blame Israel for the current breakdown in U.S.-mediated Middle East peace talks, as reported in the New York Times.

Last July, the United States brought Israel and the Palestinians back together for a series of talks set to span nine months. Each side set a condition to sitting down and staying at the table: Israel pledged to release 104 Palestinian prisoners in four groups over the course of the nine months, and the Palestinians vowed not to join any international bodies during this time.

But the talks eventually became bogged down over borders, security, the future of Jerusalem, the fate of Palestinian refugees, and other issues, the Times reports.

Courses and Training

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 are an experienced negotiator or new to the field, you will learn how to abandon behaviors that hinder negotiations and emerge with new conceptual frameworks, practical skills and a systematic approach to navigating complex business deals.

Free Report

NEW! 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 with even the most combative opponents. In Dealing With Difficult People, you’ll gain actionable strategies for:

Dealing with people who won’t give you what you want

Holding your ground in difficult situations

Negotiating effectively in the face of adversity

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 United States-Singapore Free Trade Agreement, for chairing the negotiations that produced a charter for the Association of Southeast Asian Nations (ASEAN), for key actions that resolved territorial and humanitarian disputes in the Baltics and Asia, and for successfully leading two unprecedented global megaconferences: the Third U.N. Conference on the Law of the Sea and the U.N. Conference on the Environment and Development, also known as the Rio Earth Summit.

Courses and Training

Negotiation Workshop: Strategies, Tools, and Skills for Success

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

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 you are behind the bargaining table with a client or across the table with an opposing party.

Engaged with a professional group of peers, you will participate in discussions and simulations that cover a range of complex scenarios ranging from intellectual property, pricing, and licensing negotiations to international, domestic, public, and private disputes. You will refine your negotiation skills and leave with a set of strategies that you can use to deal with difficult negotiation behaviors and hard-bargaining tactics.

Free Report

Negotiation Master Class Fall 2013 Program Guide

Posted by & filed under Free Report.

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For the first time ever, the Program on Negotiation is offering a master-level course for negotiators. The program is highly personalized and taught by 4 negotiation experts from Harvard and MIT. If you are selected to participate, you will be assigned to small learning groups, take part in dynamic exercises with two-way feedback, work closely with faculty members to develop a strategy that addresses personal negotiation challenges, and particpate in intensive simulations.

Daily

In Business Negotiations, First, Build Rapport

Posted by & filed under Business Negotiations.

In February, the news that Facebook would pay an astounding $19 billion to acquire text-messaging start-up WhatsApp caused jaws to drop across the tech world and beyond.

Jan Koum, a Ukrainian immigrant, and his friend Brian Acton launched WhatsApp in 2009 with the goal of creating a text-messaging application that would connect users with family and friends abroad at a low cost. Since its inception, WhatsApp has been ad-free. It now has 450 million global users who pay a 99-cent annual fee for this service.

Courses and Training

Intensive Negotiations for Lawyers and Executives

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

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 you negotiate on behalf of your clients, organizations, or yourself, this intensive two-day program provides a theoretical framework for thinking about business and legal negotiations. You will address distinct challenges faced by lawyers and professionals – ranging from multi-party, complex negotiations to situations involving difficult people and behaviors – and acquire proven strategies for overcoming them.

Free Report

Daily

Meeting Negotiation Challenges in the Repatriation of Native American Museum Collections

Posted by & filed under Daily, Events.

Tlingit Indians line up beside an authentic totem pole in Alaska in 1969.

The passage of the 1990 Native American Graves Protection and Repatriation Act (NAGPRA) fundamentally shifted relationships between museums and Native American tribes. Because it is federal legislation, NAGPRA defines the circumstances, and structure of the negotiation process in the repatriation of sacred objects and other cultural patrimony. Case studies will reveal how outcomes framed within, and beyond, NAGPRA can support restorative justice, educational collaboration, and best negotiation practices for museums and tribes.

Courses and Training

Negotiation Workshop: Improving Your Negotiating Effectiveness

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

Too many negotiators leave value on the table.

They painfully divide a small pie after a costly battle while failing to capture offsetting opportunities for joint gain, or win the battle, but at the cost to relationships and reputation that limit long-term value.

Reliably negotiating optimal outcomes requires a keen appreciation of the negotiation process, systematic preparation, and honed interpersonal skills.

In this intensive, interactive program, you will acquire a framework, tools, techniques, and skills for maximizing the value of your negotiated outcomes by effectively navigating the negotiation process from setup to commitment to implementation.

Free Report

Daily

Google’s Approach to Dispute Resolution: “Don’t Litigate, Negotiate”

Posted by & filed under Dispute Resolution.

In the face of antitrust charges, Google’s new guiding principle 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. Rival comparison-sites such as Nextag complain that Google lists their products far below Google Shopping results, where they are less likely be found, in consumer searches.

Courses and Training

Advanced Negotiation: Making Difficult Conversations Productive

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

When negotiations become difficult, emotions often escalate and talks break down.

To overcome barriers and turn negotiations from difficult to collaborative, from breakdown to breakthrough, you must learn to understand the inter- and intra-personal dynamics at play. In this program, you will examine how your own assumptions and behaviors can help create and perpetuate negotiation dynamics you desperately want to avoid, and learn how to modify even deeply held assumptions and enact new behaviors more likely to foster successful negotiations.

Free Report

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 mediator is likely to follow and enhance your outcomes through novel strategies.

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 community. Join us for a fascinating hour of informal lecture and discussion.

Free Report

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 a deal that works for all parties.

Daily

Free Report

Daily

Negotiation Skills: Giving Feedback. Who Needs It? It Might Be You

Posted by & filed under Negotiation Skills.

A Q&A with Sheila Heen, co-author (with Douglas Stone) of the new book, Thanks for the Feedback: The Science and Art of Receiving Feedback Well.

We recently interviewed Sheila Heen, lecturer at Harvard Law School, PON Faculty member, and Partner at Triad Consulting Group, about her new book with Douglas Stone, Thanks for the Feedback: The Science and Art of Receiving Feedback Well (Even When It’s Off Base, Unfair, Poorly Delivered, and Frankly, You’re Not in the Mood). Heen and Stone are co-authors, along with Bruce Patton, of the New York Times Business Bestseller Difficult Conversations. They have teamed up again to share their insights about what helps people learn and what gets in their way.

While the business world spends billions of dollars and millions of hours each year teaching us how to give feedback, Stone and Heen argue that we’ve got it backwards. Their new book demonstrates why the smart money is on educating receivers— both in the workplace and in personal relationships.

Nelson Mandela: Greatest Negotiator

Posted by & filed under International Negotiation.

Nelson Mandela was “the greatest negotiator of the twentieth century,” wrote Robert H. Mnookin in his seminal book, Bargaining with the Devil, When to Negotiate, When to Fight. In his chapter on Mandela, Mnookin cites Mandela’s patience, tenacity, pragmatism, and strategic thinking.

“He rejected the simple-minded notion that one must either negotiate with the Devil or forcibly resist. He did both. He was willing to make concessions, but not about what was most important to him. With respect to his key political principles, he was unmovable.”

Mnookin admired Mandela’s ability to persuade his adversaries.

“He ultimately achieved through negotiation an outcome that could never have been accomplished solely through violence or resistance. “

Program on Negotiation Welcomes Visiting Scholar Stefanos Mouzas

Posted by & filed under Daily, News.

Stefanos Mouzas is Professor of Marketing and Strategy at Lancaster University Management School in England, where he is also affiliated with the Center of Law and Society. He received his B.Sc. (Economics) from the University of Athens, LL.M. (Contract Law) from University of Bristol, and Ph.D. (Marketing) from Lancaster University. He was Visiting Professor at University of Bocconi (2009), Singapore Management University (2010), University of Duesseldorf (2010-13) and Vienna University of Economics and Business WU (2013).

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 dealing with international environmental treaty negotiations, public sector consensus building, and advocating for the importance of the science behind any negotiations about resource management.

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, When To Fight, Robert Bordone, PON Executive Committee member and co-author with mediation pioneer Frank E.A. Sander of “Designing Systems and Processes for Managing Disputes,” and William Ury, co-founder of PON and co-author of “Getting to Yes,” a foundational work in the field of negotiation written in collaboration with PON co-founders Bruce Patton and Roger Fisher.

Why We Succumb to Deception in Negotiation

Posted by & filed under Conflict Management.

Negotiators succumb to these forces for two main reasons:

They don’t realize that their behavior is unethical, and even when they do, they justify their behavior as ethical in this particular case.

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 distinguished career contributions to the fields of negotiation and dispute resolution, especially his leading roles in challenging settings, from the Law of the Sea and the “Rio” Earth Summit to the ASEAN Charter and the Singapore-U.S. Free Trade Agreement.

PON Faculty Member Robert Bordone Writes “What Obama Should Say About Syria” for NPR’s Cognoscenti

Posted by & filed under International Negotiation.

Program on Negotiation faculty member and Director of the Harvard Negotiation and Mediation Clinical Program at Harvard Law School, Robert Bordone, and HNMCP clinical instructor Alonzo Emery recently published an article for NPR’s Cognoscenti titled “What Obama Should Say About Syria,” in which he discusses the opportunity the crisis in Syria presents for US President Barack Obama to communicate the values that inform American leadership.

Negotiating With Self – Obama’s Syria Deliberations

Posted by & filed under International Negotiation.

Program on Negotiation at Harvard Law School faculty member Erica Ariel Fox recently published an article for Forbes.com discussing the inner negotiations that she advises leaders to focus on when formulating theirnegotiation strategy and how this relates to US President Barack Obama’s deliberations with regard to the crisis in Syria.

Shades Fellows Walk the Abraham Path Together

Posted by & filed under Abraham's Path, International Negotiation, Middle East Negotiation Initiative.

On June 5, 2013, Shades Israeli and Palestinian fellows walked the Abraham Path in Israel’s Negev on a guided tour organized by PON Senior Fellow Shula Gilad, visiting Jewish and Arab villages on the route, learning about the Abrahamic tradition of the societies, their current challenges and success. As is the case for others who have walked the path, the fellows had a unique opportunity to walk and talk, learning about the history of the area from tour guide and archaeologist Avner Goren. Shades fellows have been learning with each other since April 2013.

The Future of Warfare and “Invisible Threats” to Peace: How Technology is Reshaping the Battlefield

Posted by & filed under International Negotiation.

Program on Negotiation and Harvard Law School faculty member Gabriella Blum’s essay “Invisible Threats,” co-authored with Benjamin Wittes of the Brookings Institution, was featured on the Harvard Law School website.

In a panel discussion about her research, Professor Blum explained her perspective on the growing threat of technology to peace and how the accessibility of this technology is changing the ways in which nations and people wage warfare.

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, at its core the Program on Negotiation is devoted to improving the theory and practice of negotiation and dispute resolution.

Dealmaking: Three Deal-Drafting Pitfalls

Posted by & filed under Dealmaking.

The transfer of an agreement from negotiators to lawyers or other professional deal drafters can introduce three main types of mistakes. Read on to discover how you can avoid making these same mistakes at the bargaining table during your next dealmaking negotiation session.

Deal Making Without a Net: Yahoo’s Tumblr Acquisition

Posted by & filed under Dealmaking.

On May 19, Internet company Yahoo announced that it was purchasing the blogging service Tumblr for about $1.1 billion in cash. The acquisition could put a fresh face on the aging Internet company and provide it with a profitable revenue source—or it could turn out to be another instance of the Web pioneer overpaying for a start-up and failing to nurture it, as was the case after Yahoo bought Flickr and GeoCities.

“Confronting Evil” Panel Videos Now Available on YouTube

Posted by & filed under Daily, Events.

On Saturday, April 20, 2013, the Program on Negotiation co-hosted a conference on “Confronting Evil: Interdisciplinary Perspectives,” in partnership with the Mahindra Humanities Center at Harvard University and the Volkswagen Foundation.

Congratulations to the Harvard Law School Class of 2013

Posted by & filed under Negotiation Skills.

Congratulations to the graduates of Harvard Law School’s Class of 2013 and appreciation to Harvard University President Drew Gilpin Faust at today’s graduation events for recognizing the Program on Negotiation’s Confronting Evil Conference, cosponsored by the Mahindra Humanities Center at Harvard and the Volkswagen Foundation, as one of the many ways HLS seeks to solve the world’s problems.

Apple and the Art of Persuasion

Posted by & filed under Negotiation Skills.

Whether you have one of its ubiquitous products or even its rivals’ offerings, you most certainly have heard of Apple, the United States electronics giant whose phoenix-like rise to the top of the business world has inspired legions of fans and detractors alike.

Started in a garage in California, Apple has grown into a technological powerhouse of innovation that has changed the way the world works and lives. Along the way, the company has demonstrated unparalleled business acumen and leadership, both commercially and through leaders like Steve Jobs and current CEO Tim Cook.

Social Perceptions at the Crossroads: Why Sex (Still) Impacts the Perception and Evaluation of Other Status-Linked Identities

Posted by & filed under Mediation, Videos.

On November 1, 2012, Professor Kerri Johnson from the University of California, Los Angeles, delivered a talk at the Harvard Kennedy School. Her lecture, entitled “Social Perceptions at the Crossroads: Why Sex (Still) Impacts the Perception and Evaluation of Other Status-Linked Identities,” was part of a year-long research seminar co-sponsored by the Program on Negotiation at Harvard Law School and the Women and Public Policy Program at Harvard Kennedy School. Watch Professor Johnson’s entire presentation here:

Metaphorical Negotiation

Posted by & filed under Negotiation Skills.

Negotiators talk about building agreement, bluffing the opposition, and volleying offers back and forth. According to mediator Thomas Smith, careful attention to such metaphors can reveal deeper meaning beneath the explicit words that people use, notably regarding how they view the negotiation process and their relationship to one another.

Negotiations by Other Means: Track II, Unilateral Action, Robust Third Party Role and Islands of Coordination in the New Middle East

Posted by & filed under Events, International Negotiation, Middle East Negotiation Initiative.

As direct Israeli-Palestinian negotiations appear to have ground to an indefinite halt, attention has shifted to other, less conventional methods for achieving mutually desirable outcomes for the two peoples. Tonight’s panelists will discuss the potential of alternatives including Track II diplomacy, isolated areas of coordination, a pro-active role of the third party and even unilateral action.

Grant Strother (HLS 2012) Wins Conflict Prevention and Resolution Award for Best Original Student Article

Posted by & filed under Conflict Resolution.

Recent Harvard Law School Graduate Grant Strother ’12 was selected to receive The International Institute for Conflict Prevention & Resolution (CPR) Outstanding Original Student Article Award for his paper, “Resolving Cultural Property Disputes in the Shadow of the Law.” This award recognizes a student article or paper that is focused on events or issues in the field of ADR.

PON Film Series Event: My Neighbourhood Screening with Julia Bacha, Just Vision

Posted by & filed under International Negotiation, Middle East Negotiation Initiative, PON Film Series.

The Program on Negotiation at Harvard Law School and the Middle East Initiative at the Harvard Kennedy School are pleased to present a screening of “My Neighborhood,” a new Just Vision documentary. A panel discussion will be held after the screening with Julia Bacha, director/producer of My Neighbourhood.

The Fiscal Cliff and the Debt Ceiling: Program on Negotiation Chair Robert Mnookin Discusses Recent and Future Negotiations Between Congressional Republicans and the White House

Posted by & filed under Conflict Resolution.

Though Congress and the President were able to reach a deal and avoid the dreaded fiscal cliff, both sides engaged in some tough negotiating which has both bewildered and captivated the United States for months. Given all of the posturing and tough talk, some may ask: Is there a method to this madness?

Training for Non-Face-to-Face Negotiations

Posted by & filed under Negotiation Skills.

Negotiating by email poses a set of challenges that one doesn’t often encounter in face-to-face negotiations.

Without the benefit of seeing your counterpart’s body language, what one person might intend to be a straightforward request the other might perceive to be rude.

A legitimate delay responding to an email offer by one party might be construed by the other as a dirty negotiating tactic. If the subject matter being negotiated has an emotional element, the lack of seeing the other party’s facial expression could lead to big misunderstandings.

Negotiating the Fiscal Crisis

Posted by & filed under Negotiation Skills.

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

Water Diplomacy: Using a Creative Approach

Posted by & filed under Dispute Resolution.

The case of Jordan and Israel shows how even countries at war can negotiate a water agreement if it is framed in non-zero sum terms and trust continues to be built over time. And that is not the only case of a treaty that has succeeded against all odds to bridge conflicting water interests; the Indus Waters Treaty between India and Pakistan and the Ganges Water Treaty between Bangladesh and India are other examples.

Roger D. Fisher, 1922-2012

Choosing to Help

Posted by & filed under Negotiation Skills.

It is the spring of 1997 and I am sitting in Pound 107 while Roger Fisher ’48, Williston Professor of Law, Emeritus, is telling a story about his serving as a weather reconnaissance pilot in World War II. As a teaching assistant for the Negotiation Workshop, I have heard the story at least a dozen times by now and feel my mind wandering. And yet, against my will, as the story reaches its crescendo and the combination punch line/negotiation issue flows from Roger’s lips, I find myself involuntarily leaning forward and, a second later, helplessly bursting into laughter. The note I jot down to myself is: “All of life is about who tells better stories.”

The Program on Negotiation Mourns the Loss of Co-Founder Roger Fisher

Posted by & filed under Negotiation Skills.

Roger Fisher, co-founder of the Program on Negotiation and the Harvard Negotiation Project, died on August 25 at age 90. A true pioneer and leader, he helped launch a new way of thinking about negotiation, and he worked tirelessly to help people deal productively with conflict.

“Through his writing and teaching, Roger Fisher’s seminal contributions literally changed the way millions of people around the world approach negotiation and dispute resolution,” commented Professor Robert H. Mnookin, Chair of the Program on Negotiation at Harvard Law School. “He taught that conflict is not simply a ‘zero-sum’ game in which a fixed pie is divided through haggling or threats. Instead, he showed how by exploring underlying interests and being imaginative, parties could often expand the pie and create value. Here at the Program on Negotiation and the Harvard Negotiation Project, both of which Roger helped launch, we, his colleagues, are committed to carrying on his work of improving the theory and practice of negotiation and dispute resolution.”

Bring Back Your Deal from the Brink: Weigh the Benefits of a Concession

Posted by & filed under Business Negotiations.

Another option for dealing with difficult negotiations is to craft what Harvard Law School professor Robert C. Bordone calls a “workaround” – a strategy for meeting your current goals without the involvement or support of your adversary. You might be able to induce a yes with a tempting concession on a key issue, according to Bordone. Offering a concession can be a risky strategy, as it may only encourage someone to push for more. But if a concession would allow you to move beyond that person once and for all, it may be your best option.

The Role of Urban Planners in Negotiations: Case Study of Israeli-Palestinian Negotiations

Posted by & filed under Events, International Negotiation, Middle East Negotiation Initiative.

Karen Lee Bar-Sinai is the director and co-founder of SAYA/Design for Change (www.sayarch.com). SAYA is based in Israel and specializes in what can be called “peace architecture” — using planning and design to support decision-making, negotiations and peace processes in areas of conflict. Bar-Sinai’s talk will explore how urban design thinking and planning can aid the negotiation process in general.

Is the Devil in the Details?

Posted by & filed under Business Negotiations.

You’re close to a deal, but concerns linger. Some of the contract seems less than precise. What in the world does “reasonable best efforts” mean, for example, or “good faith”? Negotiators in this commonplace situation face a choice: push for more precision now or sign the deal and hope the ambiguities won’t cause trouble down the road.

Roger Fisher Papers Open at Harvard Law School Library

Posted by & filed under Negotiation Skills.

Roger Fisher, one of the cofounders of the Program on Negotiation at Harvard Law School and Samuel Williston Professor of Law, Emeritus, was honored on the 8th of April with a celebration of his career, research, and contributions to both the HLS community and the field of negotiation.

Great Negotiator Award 2012

Posted by & filed under Negotiation Skills.

The Program on Negotiation at Harvard Law School, in conjunction with the Future of Diplomacy Project at Harvard Kennedy School, honored distinguished statesman and former Secretary of State James A. Baker III as the recipient of their Great Negotiator Award for 2012. Secretary Baker served under President George H.W. Bush from 1989 to 1992.

A panel discussion was held on the afternoon of March 29 and included Program on Negotiation faculty members James Sebenius and Robert Mnookin, as well as Harvard Kennedy School faculty member Nicholas Burns. The Great Negotiator Award was created twelve years ago by the Program on Negotiation to recognize an individual whose lifetime achievements in the field of negotiation and dispute resolution have had a lasting impact.

Goals Gone Wild

Posted by & filed under Negotiation Skills.

Max H. Bazerman sat down with Sean Silverthorne of Harvard Business School’s Working Knowledge to discuss goal setting and how to effectively set goals on an individual and organizational level.

Researchers from top business schools have collaborated on research demonstrating that, in some cases, goal setting may actually do more harm than good.

Expanding the Pie – Integrative Bargaining versus Distributive Bargaining

Posted by & filed under Negotiation Skills.

Imagine that you are buying a used car from its original owner. Of course, you want to get the best deal you can for your money, while your counterpart wants to maximize the value of his asset. After haggling with one another, each side finally arrives at a price point acceptable to both parties.

The above scenario is common in many transactional negotiations: you play your cards close and share as little information as needed to achieve the end goal.

Corporate Stakeholder Engagement and Mineral Extraction in Colombia

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

I want to make four simple points regarding corporate social responsibility 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 apply globally, but they are especially relevant in Latin America.

Corporate Social Responsibility (CSR) provides a new point of entry for those concerned about the social and environmental impacts of mineral extraction.

Gabriella Blum Named Rita E. Hauser Professor of Human Rights and Humanitarian Law at Harvard Law School

Posted by & filed under Negotiation Skills.

Program on Negotiation faculty member and Harvard Law School faculty member Gabriella Blum was appointed Rita E. Hauser Professor of Human Rights and Humanitarian Law on April 10, 2012. To commemorate the occasion, Blum delivered a lecture entitled “The Fog of Victory” in which she discussed the meaning of victory in modern warfare.

In her opening remarks, Dean Minow stated that it was the highest honor Harvard Law School could bestow upon its faculty is to be named to hold a Chair and called Gabriella Blum “…a pathbreaking scholar.” The Rita E. Hauser Professor of Human Rights and Humanitarian Law chair is named for a visionary HLS alumna named Rita E. Hauser, who served as an adviser to presidents of the United States and Harvard University.

Fifteen Things We Know About Environmental Dispute Resolution

Posted by & filed under Dispute Resolution.

I was recently asked by my Harvard Law School class to summarize what we know (from actual experience) about environmental dispute resolution. I offered the following list. I’m eager to hear reactions from other scholars and practitioners.

What have I left out? What have I misstated?

Negotiation Skills: Team Building and Your Negotiations

Posted by & filed under Negotiation Skills.

During his years as George H.W. Bush’s Secretary of State, one of James A. Baker, III’s, goals was to encourage the free-market reforms that Communist Party of the Soviet Union General Secretary Mikhail Gorbachev had launched in the late 1980s. One day during his tenure, a high-level Bush Administration commented in the press that Gorbachev’s efforts were sure to fail. Baker called Bush to complain.

“I said, you can’t have other people pontificating about these major foreign policy matters when this is one of our goals, and it’s totally contrary to our policy,” he said. “So they cut the knees off of this particular individual, and we didn’t hear that anymore.”

Team Building and Your Negotiations

Posted by & filed under Mediation.

During his years as George H.W. Bush’s Secretary of State, one of James A. Baker, III’s, goals was to encourage the free-market reforms that Communist Party of the Soviet Union General Secretary Mikhail Gorbachev had launched in the late 1980s. One day during his tenure, a high-level Bush administration official commented in the press that Gorbachev’s efforts were sure to fail. Baker called Bush to complain. “I said, you can’t have other people pontificating about these major foreign policy matters when this is one of our goals, and it’s totally contrary to our policy,” he said. “So they cut the knees off of this particular individual, and we didn’t hear that anymore.”

Baker shared this story on March 29 while receiving the 2012 Great Negotiator Award from the Program on Negotiation at Harvard Law School and the Future of Diplomacy Project at Harvard Kennedy School. In discussion with Harvard faculty at the Great Negotiator event, Baker elaborated on his greatest challenges as Secretary of State and shared negotiation lessons learned over the course of his long, successful career as a lawyer, campaign manager, and diplomat.

Frank Sander Honored at American Bar Association 14th Annual Spring Conference

Posted by & filed under Negotiation Skills.

With beautiful weather outside and the cherry blossom season in full bloom, over 1000 attendees filled the American Bar Association Dispute Resolution Section’s conference halls as it held its 14th annual conference in Washington, D.C.

On Saturday, April 21, the ABA Section of Dispute Resolution honored Frank Sander, A.B., LL.B., Bussey Professor of Law Emeritus and Program on Negotiation at Harvard Law School faculty member, for his outstanding scholarly work in the field of dispute resolution.

When Others are Counting on You

Posted by & filed under Conflict Resolution.

Unless your official title is “lawyer” or “agent” you probably don’t think of yourself as an agent. But if you’ve ever represented a family member, your boss, your department, or your organization in a negotiation, you’ve served as that party’s agent.

Representing others at the bargaining table creates both opportunities and hazards. In their book, Negotiating on Behalf of Others (Sage, 1999), professors Robert Mnookin of Harvard Law School and Lawrence Susskind of the Massachusetts Institute of Technology offer guidance to negotiators who find themselves serving as agents.

Should Your Boss Be at the Negotiation Table?

Posted by & filed under Negotiation Skills.

Imagine that you are about to begin a negotiation whose subject matter is squarely within your area of responsibility at my company. However, the dollar amounts at stake are so large that you are tempted to kick it upstairs to your boss, or at least involve your boss directly in the negotiation. What are the pros and cons of doing so?

So You Want to Buy a Car?

Posted by & filed under Business Negotiations.

How can you negotiate the best possible price for a new car? This is a common negotiation question, and naturally so. A car is one of the most significant purchases you’ll ever make—and the price is almost always negotiable. Here are a few tips to improve your performance:

Small Talk, Big Gains?

Posted by & filed under Business Negotiations.

According to conventional wisdom, small talk builds rapport and gets both sides a better deal in the end. But in fact, the question of whether to engage in small talk can be highly context-specific. New York City investment bankers, for example, tend to be far less likely than Texas oil executives to engage in small talk at the outset of a negotiation.

“Are We Exclusive?”

Posted by & filed under Business Negotiations.

Ron McAfee, a carpenter and roofing expert, spent considerable time working with a condominium association on the design of a new roof deck. After gaining agreement on the proposed layout, design, and materials, McAfee submitted a written bid of $12,500. One of the board members subsequently showed McAfee’s plans to another roofer, who offered to do the job for $10,250. The condo association voted unanimously to go with the cheaper roofer, and McAfee was left with nothing to show for his time and effort.

Business Negotiations: Spoiler Alert!

Posted by & filed under Business Negotiations.

At one time or another, most of us have confronted a fellow negotiator who seemed intent on blocking even our most reasonable requests and actions. This was the situation faced by Alexis, the CIO at a midsize publishing company. Phil, the company’s CEO, hired Alexis to create an online information system tailored to the needs of their largest customers.

Should You Go Dutch?

Posted by & filed under Business Negotiations.

Most everyday auctions are English: they begin with an opening bid, continue with ascending bids, and end when the bidding stops. But for some assets, the seller opens at a very high price, then moves down rather than up if all bidders are silent.

When Their Agent is the Problem

Posted by & filed under Business Negotiations.

The benefits of hiring an agent are well known. Yet negotiation experts often overlook the ways in which you can use the other side’s agent to your advantage.

Business Negotiation Skills: Negotiate Before the Damage is Done

Posted by & filed under Business Negotiations.

Suppose you work for a specialty bicycle manufacturer and have negotiated a one-year contract to buy 500 headlamps per month from a supplier for $10 each, with payment due 30 days after receipt. The seller makes five deliveries; you promptly pay $5,000 after each shipment. The seller fails to make the sixth delivery, however, and announces it will not be able to make any of the remaining shipments because of a production glitch that has made the headlamps extremely expensive to produce. What recourse do you have?

Mnookin Calls for Mediation

Posted by & filed under Daily, Mediation, News.

In an interview with the Boston Globe, Professor Robert H. Mnookin, Chair of the Program on Negotiation at Harvard Law School, responds to the national debate on the arrest of Harvard Professor Henry Lewis Gates, Jr..

Mnookin calls for mediation to resolve the conflict between Prof. Gates and the arresting officer. Click here to read the full article.

Click here to read what the Wall Street Journal also has to say about Prof. Mnookin’s call for mediation.

PON’s New Website

Posted by & filed under Daily.

Welcome to the new website for the Program on Negotiation at Harvard Law School! As we come fully online, we welcome your comments and patience as we finish launching the new site. We hope to be a resource for you by providing comprehensive information on all aspects of negotiation and conflict management through our research, conferences, courses, publications, and special events. We hope you find this website useful and come back often!

Winners of Harvard Law School’s 56th Annual Williston Competition

Posted by & filed under Daily, Harvard Negotiators, Students.

The winners of Harvard Law School’s 56th annual Williston competition were announced on Tuesday, April 28. The competition, sponsored by the Board of Student Advisers and organized and run by Harvard Negotiators, offers first-year students the opportunity to practice negotiation and contract drafting. Teams of two students participate in the competition which focuses primarily on negotiation and contract drafting.