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

interests

A party’s basic needs, wants, and motivations that are potentially at stake in a negotiation. The measure of success in a negotiation is how well your interests are met. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 69). See Also: 2 Negotiation Role Plays Designed to Build Critical Skills, BATNA: The Danger of Take It or Leave It, Negotiation Case Studies: Lead By Example.

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How to Avoid Intercultural Barriers: A Better Negotiation Map

Posted by & filed under Business Negotiations.

How often have you heard that, when entering a negotiation, you should get your allies onboard first? Conventional wisdom, but not always the best advice. When the United States sought to build a global anti-Iraq coalition following Iraq’s 1990 invasion of Kuwait, for instance, Israel appeared to be its strongest regional ally. … Read More 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

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

Negotiation and Leadership Dealing With Difficult People and Problems Spring: April 11-13, 2016 | May 16-18, 2016 | June 20-22, 2016 Fall: September 19-21, 2016 | October 24-26, 2016 | December 5-7, 2016

Become a More Effective Negotiator Great leaders are great negotiators. By equipping you with the innovative negotiation strategies you need to … Read More 

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Negotiation Case Studies: 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’ … Read More 

Courses and Training

Mediating Disputes – June

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

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 … Read More 

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Job Negotiation, The

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Jennie Hatch & Kessely Hong A three-party employment negotiation involving a mid-career student negotiating two job offers via email at the same time. … Read More 

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

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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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Dealing with Cultural Barriers in Business Negotiations

Posted by & filed under Business Negotiations.

If you negotiate regularly on the job, you probably have engaged in multiple business negotiations with counterparts from other cultures. Negotiating across cultures can significantly expand your organization’s reach and bring great rewards. Yet negotiating cross-culturally also can pose challenges, such as these. … Read More 

Courses and Training

Getting to YES with Yourself

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

December 8, 2016 Getting to YES with Yourself

William L. Ury

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

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

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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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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: June 16-17, 2016 This course is currently closed. 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 … Read More 

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Hydropower In Santales

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Jennie Hatch under the supervision of Lawrence Susskind Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based energy development … Read More 

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Harborco: Role-Play Simulation

Posted by & filed under Free Report.

Harborco is a consortium of development, industrial, and shipping concerns that are eager to proceed with the building of a new port, but face hurdles and potential opposition as they advance through the licensing process. The Federal Licensing Agency would like to see them work with other stakeholders to develop a project that is acceptable … Read 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: June 6-10, 2016 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 … 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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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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Negotiating with the Ministry of Health

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Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada. … Read More 

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Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

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

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

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Negotiating with Another Federal Agency

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Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada. … Read More 

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Sally Soprano: Role-Play Simulation

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Sally Soprano is a distinguished soprano who is now somewhat past her prime. She has not had a lead role in two years but would like to revive her career. The Lyric Opera has a production scheduled to open in three weeks, but its lead soprano has become unavailable. Lyric’s representative has requested a meeting … Read More 

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Flooding and Climate Change Risks in Northam

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Seven-person, multi-issue facilitated negotiation among local government, community, business, environmental, and engineering representatives trying to reach agreement on a strategy for managing climate change risks in a small coastal city … 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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Case Study: Teaching with a Powerful Negotiated Agreement

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 

Courses and Training

Mediating Disputes – Fall

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

Course Dates: Dates for fall 2016 are to be determined. Please see the fall 2015 course description below.

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 … Read More 

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Coastal Flooding in Shoreham

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Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a medium-sized coastal community … Read More 

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Training Women to Be Leaders: Negotiating Skills for Success

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In this Special Report, we offer advice selected from the Negotiation newsletter to help women develop the negotiation skills essential to career advancement, and to help organizations encourage women employees to be more effective at the bargaining table. You will learn what hold women back from asking for more, the link between gender and flexible … Read More 

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The Importance of Negotiation in Business

Posted by & filed under Business Negotiations.

What are the essential ingredients to getting ahead in the workplace? Hard work, communication skills, and a generous dose of luck all play a role, of course. Another key ingredient—one that is often overlooked—is the ability to recognize and capitalize on opportunities to negotiate for your career success. Why is negotiation important in business? Because our … Read More 

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Coastal Flooding and Climate-Related Risks in Launton

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Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a small, beachfront community. … Read More 

Free Report

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Conflict and Negotiation Case Study: Long-Term Business Partnerships and Negotiated Agreements

Posted by & filed under Conflict Resolution.

To protect the future interests of their organization, negotiators sometimes must accept fewer benefits or absorb greater burdens in the short run to maximize the value to all relevant parties – including future employees and shareholders – over time. Suppose that the operations VPs of two subsidiaries of an energy company are preparing to negotiate the … Read More 

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Flooding in Milton

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Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a mid-size coastal city. … Read More 

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 … Read More 

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Canada-China Panda Acquisition Negotiation

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Stephen Weiss Two-team (6 person), multi-issue contract negotiation between Canadian zoo CEOs and representatives of Chinese organization responsible for giant panda loans … Read More 

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What To Do With Hexiglass?

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Beth Doherty and Hal Movius 3-player, non-scoreable game designed to teach the benefits of managing communication and trust in the context of a technology negotiation. … Read More 

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Negotiation Role-Plays for Building Critical Skills

Posted by & filed under Teaching Negotiation.

Here is a brief story about about a teenager named Chris Jensen. On his way home from basketball practice, he walked into a grocery store and shoplifted some candy bars and a soda. The storeowner saw him, chased after him, and, as luck would have it, they ran right into a police officer. But instead … Read More 

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Negotiating About Pandas for San Diego Zoo

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Stephen Weiss and Sarah Tatrallyay This case study centers on the most challenging task for a negotiator: to reach a satisfactory agreement with a tough counterpart from a position of low power—and to do so in an uncommon context. The case concerns the executive director of a zoo in the U.S. who seeks two giant pandas, … Read More 

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Interests-Based Negotiation: In Mediation, Focus on Your Goals

Posted by & filed under Mediation.

“A tough guy with a thin skin”: That’s how former secretary of state Hillary Rodham Clinton summed up Vladimir Putin during a speech in Portland, Oregon, in April. “He is always looking for advantage,” she continued. “So he will try to put you ill at ease. He will even throw an insult your way. He will … Read More 

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Water Diplomacy

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Shafiqul Islam and Lawrence E. Susskind In this book, the authors show how open and constantly changing water networks can be managed successfully using collaborative adaptive techniques to build informed agreements among disciplinary experts, water users with conflicting interests, and governmental bodies with countervailing claims. … Read More 

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Workable Peace Curriculum Series

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Note: Each of the seven individual Workable Peace Series curriculum units may also be purchased separately. Please click on the links below for information about purchasing individual units. Purchase of the seven-unit Workable Peace Curriculum Series includes a site license, which grants the user permission to reproduce any of its contents (including the role simulation … Read More 

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Challenges Facing Women Negotiators: The Impact of Leadership Styles on Strategic Decisions

Posted by & filed under Leadership Skills.

The impact of gender on negotiated outcomes cannot be denied – on the average, women often obtain less favorable or advantageous outcomes at the bargaining table when compared with their male counterparts. Here are some negotiation tactics and leadership styles that can help ameliorate the impact of gender on negotiations and help female negotiators obtain … Read More 

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Viatex

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Hal Movius Two-party negotiation between representatives of Viatex and one of its clients, Brattlebury, involving trade-offs between short and long-term gains as well as dealing with internal stakeholders. … Read More 

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Announcing the 2016-2017 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 PON’s goal of fostering the development of the next generation of scholars, this program provides support for one year of dissertation … Read More 

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How to Practice Interests-Based Leadership

Posted by & filed under Business Negotiations.

Why should the people you’re supposed to lead follow you? If you believe that your charisma, your exalted office, or your vision is reason enough, you’re in trouble. While these qualities may affect how others relate to you, the unvarnished truth is that other people will follow you when they judge it’s in their best interest to … Read More 

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Consultant, The

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Michael Wheeler Two-party, multi-issue negotiation in which the parties are at an apparent impasse: the most one party can pay is substantially less than the least the other party can accept. … 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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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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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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Integrative Bargaining Examples: Expanding the Pie – Integrative versus Distributive Bargaining Negotiation Strategies

Posted by & filed under Negotiation Skills.

Imagine that you’re 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. But how … Read More 

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Probation Games

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Lawrence Susskind and Susan Podziba A set of three simulations developed for and used in training court probation officers in negotiation techniques. … Read More 

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Negotiation Research Examines Ethics in Negotiating Scenarios

Posted by & filed under Negotiation Skills.

A lack of transparency regarding negotiations between hospitals and the insurers known as preferred provider organizations, or PPOs, is a key contributor to spiraling health-care costs in the United States, according to an August article in the New York Times. The problem starts with the somewhat arbitrary, sky-high prices that hospitals put on their supplies and … 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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Negotiation and Leadership Skills: Jerry Brown Re-Frames a Deal at High Speed

Posted by & filed under Leadership Skills.

Negotiation skills and leadership techniques often go hand-in-hand in creating win-win deals for negotiators and their counterparts. In trying to fund the US’ first-ever high-speed rail line in California, Democrat Jerry Brown has employed a variety of different negotiation strategies and leadership styles to bring the parties to the table to work towards an agreement. … Read More 

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Negotiation Pedagogy Video Series, Part I

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Professor Michael Wheeler An unscripted video showing an experienced negotiation professor teaching a complete class session through role simulation debrief, video, and discussion, interspersed with instructor commentary … Read More 

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In Acrimonious Disputes, Conflict Management is Key

Posted by & filed under Conflict Resolution.

Parties to a business dispute often become so focused on beating the other party that they lose sight of their most important goals. Conflict management efforts can be even more intense and seeming insurmountable between estranged romantic partners with a history of acrimony and distrust. Consider rock star Madonna’s ongoing legal dispute with her ex-husband, film … Read More 

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Contract Negotiations and Business Transactions: Deal with Sub-Optimal Offers in Negotiations

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 

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Negotiation Techniques from International Diplomacy: Lessons for Business Negotiators

Posted by & filed under Dealmaking.

What can diplomacy teach negotiators about bargaining with counterparts in global negotiations? The two fields of negotiation and diplomacy share many commonalities – the creation and maintenance of working relationships among them. What negotiation techniques can negotiators get from the world of diplomacy to create value and claim value with international negotiators. … Read More 

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The Negotiation Simulation Method: Teach Legal Lessons by Immersive Means

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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Lawyers & Clients

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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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In the Shadow of the City

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Michael Wheeler A simulated mediation between an aid worker and a project funder, featuring Getting to YES co-author Bruce Patton as the mediator … 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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Win-Win Negotiations: Trapped in a Competitive Cycle? Learn from Congress’s Mistakes

Posted by & filed under Win-Win Negotiations.

The U.S. Senate’s struggle to pass truly bipartisan financial reform reveals ways negotiators can overcome suspicion and enhance cooperation. Initially, the partnership seemed promising. Senator Christopher Dodd, a Connecticut Democratic, hoped to cap his 29-year congressional career with a bipartisan financial regulation bill. Senator Bob Corker, a freshman Republican from Tennessee and member of Dodd’s Senate … Read More 

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A University Negotiates Accusations of Autocratic Leadership

Posted by & filed under Leadership Skills.

While not always popular with employees, there are countless situations where running an organization with an autocratic leadership style can be valuable at the right moment. When the Suffolk University Board of Trustees announced in January that they would sever University President Margaret McKenna’s contract after only eight months, however, Board Chairman Andrew Meyer, Jr. … Read More 

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Strategic NegotiationsA Theory of Change in Labor-Management Relations

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Labor-management relations have changed dramatically in recent years. Global competition and related economic, technological, political, and institutional changes have forced the collapse of the traditional social compact—based on steadily increasing wages and benefits for workers in exchange for unchallenged managerial autonomy—underpinning the U.S. labor market. In today’s competitive environment, managers can no longer afford the … Read More 

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Negotiation Examples to Help You Become a Better Mediator

Posted by & filed under Teaching Negotiation.

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

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Rational Games A Philosophy of Business Negotiation from Practical Reason

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When two rational players face off in a business negotiation, why do they settle for less than each of them could and should get? Each pursues his or her interests as theory dictates, but often the result is less than optimal. Young proposes that the root of the problem lies in the philosophical assumptions underlying … 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 Rationally

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On the basis of their studies of the negotiation behavior of more than 10,000 executives and students over the past five years, Bazerman and Neale conclude that most managers tend to behave irrationally in negotiations. In this book they explore many of the common mistakes that negotiators often make, explaining how such irrational errors can … Read More 

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Should Women “Lean In” to Create More Value in Negotiations?

Posted by & filed under Dealmaking.

In early 2008, Facebook founder and CEO Mark Zuckerberg began thinking about hiring Sheryl Sandberg, a vice president at Google and a former chief of staff for the U.S. Department of the Treasury, as the social-media company’s new chief operating officer. The two met several nights a week for almost two months to discuss Facebook’s … 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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Leadership and Negotiation in the Middle East

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This book, sponsored by the Society for the Psychological Study of Social Issues, contains 13 essays contributed by a group of social scientists. Its primary goal is to evaluate the critical role of leadership in international conflict management. Based on the analysis of historical events through social science, this volume examines the situational characteristics within international … 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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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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Negotiation Exercises Designed To Help Settle Workplace Conflict

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 

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Everyday Negotiation Navigating the Hidden Agendas in Bargaining

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Originally titled The Shadow Negotiation — and named by Harvard Business Review as one of the Ten Best Books of the Year — this best-selling book illustrates effective ways to master the hidden agendas that determine bargaining success. Everyday Negotiation provides insight into ways of recognizing the shadow negotiation — where unspoken attitudes, hidden assumptions, and … Read More 

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“Chasing Heroin” with Situational Leadership and Negotiation

Posted by & filed under Leadership Skills.

Across the country, America’s leaders are waging a highly-publicized battle against a raging heroin epidemic. “Chasing Heroin,” an investigative report by Frontline, recently shed light on responses to the crisis, which currently contributes to over 27,000 opiate overdoses nationwide each year. What reporters found is that the best methods for combatting the problem have come … Read More 

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Behavioral Theory of Labor Negotiations, A An Analysis of a Social Interaction System

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In this book Walton and McKersie attempt to describe a comprehensive theory of labor negotiation. The authors abstract and analyze four sets of systems of activities which they believe account for much of the behavior found in labor negotiations. The first system of activities, termed “distributive bargaining,” comprises competitive behaviors that are intended to influence the … Read More 

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Negotiation in Business Without a BATNA – Is It Possible?

Posted by & filed under BATNA.

In a negotiation scenario, you always have a best alternative to a negotiated agreement. Negotiation research and negotiation strategy helps negotiators find their BATNA, leverage it at the bargaining table, and illustrates the impact that knowing your BATNA has on a negotiation. … Read More 

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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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Characteristics of Negotiation Styles: Are You Ready to Negotiate?

Posted by & filed under Negotiation Skills.

Characteristics of Negotiation Styles “Winging it” is a fine approach to life’s minor decisions, but in negotiation, it can be disastrous. Follow these three preparation steps and improve your agreements. You set up the contract renegotiation with a key client months ago. You had every intention of gathering a range of information to establish realistic goals and … Read More 

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Why is Negotiation Important in Business? Your Reputation at the Bargaining Table

Posted by & filed under Business Negotiations.

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

Posted by & filed under Mediation.

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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Williams Medical Center

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Eileen Babbitt and Lawrence Susskind Five-party negotiation among representatives of pharmacists, physicians, nurses, and administrators to develop recommended changes to the drug prescription policy of a large metropolitan teaching hospital … 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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Using Negotiation Games to Develop Skills for Commercial Dispute Resolution

Posted by & filed under Teaching Negotiation.

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 positively influence their bottom line. Likewise, government officials and other stakeholders will achieve better outcomes … Read More 

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United States v. Dunlop

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Dan Vogel, under the supervision of Robert Bordone Four-person, three-issue, two-round between U.S. prosecutors, an executive charged with securities fraud, and defense counsel over the terms of a possible plea bargain; attorney-client interviews are followed by a plea bargain negotiation … Read More 

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Tulia and Ibad Mediation

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William Ury, Ibrahim Ibrahim and Roger Fisher Three-team, multi-issue mediation involving two or more representatives each of the country of Tulia, the country of Ibad, and the Organization of African Unity (O.A.U.) regarding a cease-fire between the two warring countries … Read More 

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Trademore Personnel

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Lawrence Susskind and Bruce Patton Three-person, integrative, facilitated negotiation with two department heads and a Human Resources observer/facilitator regarding the possible transfer of an employee from one department to the other … Read More 

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Theotis Wiley

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Jake Erhard, under the supervision of Robert Bordone Two-party integrative negotiation between agents for a basketball player and a shoe manufacturer over a possible sneaker endorsement deal … Read More 

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Dealmaking in Negotiation: Six Strategies for Creating Value at the Negotiation Table

Posted by & filed under Dealmaking.

Negotiation topics in business: In today’s market, consumers are often the more powerful parties in negotiations with sellers. To claim the most value in your next haggling experience, use the following six negotiation strategies. 1. Explore your alternatives (and know your best alternative to a negotiated agreement, or BATNA). Sometimes business negotiation opportunities pop up on the fly, … Read More 

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Termination Tempest

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Marjorie Corman Aaron Four-person, two-team settlement negotiation between a terminated employee and counsel, and the former employer and counsel, regarding possible settlement of an age discrimination lawsuit … Read More 

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Arbitration vs Mediation: Undecided on Your Dispute Resolution Process? Combine Mediation and Arbitration with Med-Arb

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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Tendley Contract

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Two-party integrative contract negotiation between a computer consultant and a school district representative at an apparent impasse over different expectations over cost of services … Read More 

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Learning from the Debates About the Debates

Posted by & filed under Dealmaking.

There is “nothing worse than a debate about debates,” John Podesta, the chairman of Hillary Clinton’s presidential campaign, recently said in the midst of his candidate’s heated negotiations with Democratic rival Bernie Sanders about the terms of their debates. Many who participated in these negotiations would likely agree. But the debates about debates—both on the … 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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Team Meeting

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Joel Cutcher-Gershenfeld Five-party, multi-issue, time-constrained negotiation among members of a factory work team, a union steward, and a supervisor over a range of individual agenda issues … Read More 

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State v. Huntley

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Timothy Reiser Two-party criminal plea bargain negotiation between a prosecutor and a public defender for a man charged with aggravated rape … Read More 

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Stakes of Engagement, The

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Nicholas Sabin Two-party, multi-issue, scoreable negotiation regarding a prenuptial agreement, calling for a balance of substantive and relationship concerns … Read More 

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The Leadership Styles of “Girls” at the Negotiating Table

Posted by & filed under Leadership Skills.

Lena Dunham is a hugely successful actor, writer, and director, but the creator of the HBO hit show “Girls,” is also a formidable negotiator. In a January interview for LinkedIn, Dunham and her co-producer Jenni Konner described the challenges and rewards of good deal-making in an industry that is notorious for gender discrimination. While Dunham … Read More 

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St. Francis Hospital and the Managed Medical Model

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Patricia Moore and Lawrence Susskind Five-party, four-issue negotiation among representatives for a financially struggling hospital’s administrators, doctors, and nurses over budget priorities and expanded application of the managed medical model … 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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Software Return

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Bruce Patton Two-party negotiation between a customer and a returns clerk about the return of a defective software package … Read More 

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MESO Negotiation: Learn from a Seller’s Market

Posted by & filed under Dealmaking.

What negotiating skills and negotiation tactics can bargainers take from a seller’s market or a situation in which buyers are at a distinct bargaining disadvantage? Learn how to stand out in competitive negotiation scenarios. … Read More 

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The High Cost of Bad Advice at the Negotiation Table

Posted by & filed under BATNA.

If you’re thinking about buying a house, one of your first moves may be to choose a real estate agent who can advise you through the process. If you want a big-name publisher to buy your book, you probably will try to sign on an experienced literary agent as your counselor and advocate. Less formally, … Read More 

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Sally Soprano II

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Wayne Davis, Mark N. Gordon and Bruce Patton Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production, under conditions of full disclosure. … Read More 

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How to Avoid the Domino Effect in International Negotiations

Posted by & filed under International Negotiation.

This expectation of a “domino effect” may be especially likely in international negotiations, where cultural differences and territorial concerns perpetuate an “us versus them” approach. Take the international debate over Japan’s long tradition of hunting whales, a practice that many other nations condemn as barbaric and have tried to halt. In 1986, the United States … 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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Dispute Resolution in Job Negotiations: Repairing a Work Relationship

Posted by & filed under Dispute Resolution.

On October 15, 2012, Citigroup CEO Vikram Pandit walked into the office of the bank’s chairman, Michael E. O’Neill, expecting a routine meeting and perhaps some words of praise. The day before, Citigroup had released a favorable earnings report that suggested the bank was beginning to rebound from the financial crisis. Citi had received a … 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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Leadership Skills in Negotiation: How to Negotiate Equity Incentives with Senior Management

Posted by & filed under Leadership Skills.

How do you divide the pie of resources with those that helped you grow it in the first place? In this negotiation case study, we examine how executives can expand the pie while helping those who contribute claim equitable value. The negotiation scenario: I’m the 100% owner and CEO of a privately held business. I’m planning … 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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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 

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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 

Daily

Edward Snowden Tries to Negotiate Around His Bad BATNA

Posted by & filed under BATNA.

Can a bad BATNA prevent Edward Snowden from engaging in win-win negotiations with the US government? In this article we examine a negotiation case study involving one of the world’s most prominent advocates for government transparency and his attempts at bridging the gap between himself and the US government. … Read More 

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Phoenix, The

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Sheila Heen and Michael Moffitt, based on a case by Doug Stone Two-party negotiation between the director of a county tutoring program and a tutor regarding pay, work conditions, and job performance; ethnic differences are an issue … Read More 

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Parking Spaces for Super Computer

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Consensus Building Institute, Inc. Two-party, two-issue scoreable negotiation between an office building owner and commercial tenant over the terms of a lease for parking spaces … Read More 

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How to Overcome Barriers and Save Your Negotiated Agreement at the Bargaining Table

Posted by & filed under Negotiation Skills.

On November 20 of last year, Hostess Brands announced that it had failed to reach agreement with its second-biggest union and, as a result, was permanently shutting down its operations. The news was met with dismay by baby boomers and others who had grown up with the 80-year-old company’s shelf-stable confections. But consumers had been passing … 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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Ocean Splash

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The Consensus Building Institute, Inc. Two-party, two-issue scoreable negotiation between a charity and a corporate sponsor regarding the number and placement of advertising banners at a fundraising walk … Read More 

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New Crimea Prison Overcrowding Simulation

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Susan Podziba and Lawrence Susskind Eight-party, multi-issue negotiation among prison administrators, government leaders, criminal justice advocates, and prisoners’ rights advocates to develop recommendations for a comprehensive state policy to alleviate prison overcrowding … Read More 

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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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MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table

Posted by & filed under Conflict Resolution.

MESO negotiation, a negotiation strategy for creating value with a counterpart who may be reluctant to negotiate, allows negotiators to propose multiple offers without signaling commitment or preference for any one option. Business negotiators that practice integrative negotiation strategies often complain that although they try to focus on creating value, they run into far too many difficult … Read More 

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How Chaos at the Bargaining Table Can Help Negotiators Reach Agreement

Posted by & filed under Negotiation Skills.

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

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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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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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Examples of Alternative Dispute Resolution (ADR): 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 

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Nazi Party of America v. Town of Hokey

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Bruce Patton Two-party highly political negotiation between a lawyer for Nazi convention organizers and a town attorney a permit application for a Nazi Party parade in a Jewish neighborhood … Read More 

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National Energy Policy Simulation

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Eric Jay Dolin, Daniel Greenberg and Lawrence Susskind Highly complex multi-party, multi-issue negotiation among political, industry, environmental, and consumer leaders and lobbyists to develop a detailed proposal to reduce U.S. vulnerability to changes in energy prices and supply … Read More 

Daily

Overcoming Cultural Barriers in Negotiation: How to Launch More Productive Cross-Cultural Negotiations

Posted by & filed under International Negotiation.

On February 28, 2014, Russian troops swarmed into Crimea following violent clashes between protesters and police in Kiev, Ukraine, and Ukrainian president Viktor Yanukovych’s abrupt departure from the country. Urging Russian president Vladimir Putin to retreat, Western leaders desperately searched for a way to help him “save face.”


Click here to download your copy of International Negotiations: Cross-Cultural Communication Skills for International Business Executives from
 the Program on Negotiation at Harvard Law School.
It was a daunting task. Having made an … Read More 

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Multisearch Software

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Eric Gould and Michelle Easter Two-party integrative negotiation between a software developer and a software manufacturer over a possible contract for a new search engine product … Read More 

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Mountain View Farm

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Roger Fisher and Andrew Clarkson Two-party, multi-issue integrative negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor’s land … 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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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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In The Simpsons Dealmaking, Harry Shearer Goes Public

Posted by & filed under Dealmaking.

How did actor Henry Shearer and the producers of the hit television show The Simpsons arrive at a win-win negotiated agreement? In this article drawn from examples of negotiation in real life, we examine the negotiations between the actor and the producers and offer insights into the bargaining strategies employed by each. … 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

Alternative Dispute Resolution (ADR) Training: Mediation Curriculum

Posted by & filed under Mediation.

NP@PON collected many types of curriculum materials from teachers and trainers who attended the 2009 Mediation Pedagogy Conference.  We received general materials about classes on Alternative Dispute Resolution (ADR) as well as highly specific and idiosyncratic units like Conflict Resolution through Literature: Romeo and Juliet and a negotiating training package for female managers from the … 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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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 

Daily

Negotiation Examples in Business: Putting Your Negotiated Agreement Into Action

Posted by & filed under Negotiation Skills.

A recent article in Tufts Magazine by Program on Negotiation faculty member Jeswald Salacuse discusses an oft neglected aspect of negotiation: putting into action what negotiators agree to at the bargaining table. Normally negotiators focus on the deal-at-hand as well as those present at the negotiation, neglecting other aspects of the negotiated agreement that would not … Read More 

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Hopkins HMO

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Janet Martinez Three-party, multi-issue contract negotiation among representatives for an HMO and two pharmaceutical companies over the purchase of a new antidepressant drug … 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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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

Conflict Negotiation Strategies: When Do Employees Choose to Negotiate?

Posted by & filed under Dispute Resolution.

More broadly, how does the desire to negotiate stack up against other workplace decision-making procedures? Negotiation seems to be the preferred decision-making mechanism when employees are seeking individually tailored solutions, such as adjustments to travel and work schedules. On the other hand, they prefer their compensation to be based on performance criteria and want company-wide policies … Read More 

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What is Your BATNA and How to Use Negotiations to Create Win-Win Scenarios in Business

Posted by & filed under BATNA.

What is BATNA? Negotiations in which each counterpart has a best alternative to a negotiated agreement are scenarios in which the incentive to work together must exceed the value of alternatives away from the negotiation table. One negotiation example, labor strikes highlight common conflict resolution pitfalls. The latter half of 2012 saw a slew of labor … Read More 

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Guatemala Role Play, The

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Michael Maturo, Kate Mahoney, Francisco Ingouville and Anthony Wanis St. John, under the direction of David Fairman Six-person mediated negotiation among representatives of the Guatemalan government, military, rebel groups, indigenous people, and U.S. government to address post-armed-conflict human rights, land claims, and cultural and political rights issues … Read More 

Daily

Are You Your Own Worst Enemy?

Posted by & filed under Teaching Negotiation.

Q&A with William Ury, author of the new book, Getting To Yes With Yourself We recently interviewed William Ury, co-founder of Harvard’s Program on Negotiation, one of the world’s leading experts on negotiation, and bestselling author of Getting to Yes and Getting Past No, about his new book, Getting To Yes With Yourself. Great negotiators know that … Read More 

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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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Gator v. City of Quincy

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Karen Falkenstein Green Three-person small-claims mediation between a motorist and a city attorney regarding liability for damage to the motorist’s automobile due to a pothole … Read More 

Daily

Win-Win Situation in Negotiations: How to Negotiate Mutually Beneficial Noncompete Agreements

Posted by & filed under Win-Win Negotiations.

How to negotiate mutually beneficial non-compete agreements that satisfy both the employer’s and employee’s long-term goals and how to create value in the process. Bargaining over noncompete agreements is one of the most difficult tasks many negotiators will face over the course of a career. With these negotiation strategies, however, that task is made much … Read More 

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Diplomatic Negotiations to Build a Winning Coalition to Negotiate with Iran

Posted by & filed under International Negotiation.

The five permanent members of the UN Security Council plus Germany were able to arrive at a negotiated agreement with the Islamic Republic of Iran to curtail its nuclear weapons development program. Read this article to find out what diplomatic negotiation strategies were employed by the representatives from the bargaining countries and how they impacted … Read More 

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Fresh Air

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Candace Modlin and Robert C. Bordone Two-party or two-team, multi-issue, integrative/distributive negotiation between representatives of a new low-cost airline and a potential headquarters city over an incentives package and airport facilities … 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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Farrakhan Negotiation, The

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Eric Collins Five-person, multi-issue negotiation among university administrators and student organizers over cost and arrangements for a controversial figure to speak on campus … Read More 

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Ellsworth v. Ellsworth

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Frank Sander, Michael Wheeler and William Ury Two-party, multi-issue negotiation between lawyers for a divorcing couple over the terms of the divorce, including alimony, child support, and income tax issues … 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 

Daily

Negotiations and Logrolling: How Win-Win Integrative Negotiations Strategies Enable Negotiators to Breakdown Barriers to Agreement at the Bargaining Table

Posted by & filed under Mediation.

In three experiments, Roman Trötschel and colleagues found that perspective taking helped self-interested negotiators discover opportunities to logroll and great mutual gains that reduced partial impasse. Interestingly, the study participants used perspective taking to reduce partial impasse through logrolling despite remaining self-interested. By contrast, participants who were encouraged to care about the other party’s outcomes made less-efficient … 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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Negotiating for Continuous Improvement: Use a Negotiation Preparation Worksheet

Posted by & filed under Negotiation Training.

Negotiation preparation is as much an organizational task as an individual one. For example, when determining their best alternative to a negotiated agreement or BATNA (the point at which the negotiators ought to walk away from the table), executives should check in with key organizational leaders. If senior managers are unwilling to invest time … Read More 

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East Falls Brownfields

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Tracy Dyke, under the direction of Lawrence Susskind and Susan Podziba Seven-person, non-scoreable, facilitated negotiation among planners, regulators and activists regarding the cleanup and redevelopment of environmentally contaminated property … Read More 

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Integrative Negotiations Examples: Negotiating Skills and Negotiation Tactics for Managing Relationships

Posted by & filed under Business Negotiations.

When multiple parties gather to discuss issues, someone has to oversee the group’s efforts, or the process will descend into chaos or stalemate. A negotiation manager should prepare the group’s agenda, establish ground rules, assign research tasks, summarize conclusions, and represent the process to the outside world. … Read More 

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DS-30

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Robert Ricigliano and Victor Issraelyan Two-party, integrative international negotiation between representatives of two neighboring countries over compensation for pollution in one of the countries caused by an industrial accident in the other country … Read More 

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Integrative Negotiations Examples: Negotiating Skills and Negotiation Tactics for Managing Relationships

Posted by & filed under Negotiation Training.

A relationship is a perceived connection that can be psychological, economic, political, or personal; whatever its basis, wise leaders, like skilled negotiators, work to foster a strong connection because effective leadership depends on it. Positive relationships are important not because they engender warm, fuzzy feelings, but because they engender trust – a vital means of securing … 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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Dirty Laundry

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Pat Aaron Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts … Read More 

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Bridging the Religious Divide: Transforming Conflict when Emotions and Religion are at Play

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

dshap

The Program on Negotiation at Harvard Law School, the Harvard International Negotiation Program, and the Religions and the Practice of Peace Colloquium are pleased to host: Bridging the Religious Divide: Transforming Conflict when Emotions and Religion are at Play

with

Daniel L. Shapiro Director, Harvard International Negotiation Program Associate Professor of Psychology, Harvard Medical School/McLean Hospital and

Rev. Septemmy E. Lakawa Research Associate … Read More 

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Development on Bay Island

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Rafael Montalvo and Bruce Stiftel Two-party distributive negotiation between a developer and a city representative over the amount of money the developer will pay the city to defray costs associated with development … Read More 

Daily

What is Conflict Resolution, and How Does It Work?

Posted by & filed under Conflict Resolution.

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

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Six Guidelines for “Getting to Yes”

Posted by & filed under Negotiation Skills.

In their revolutionary book Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 3rd edition, 2011), Roger Fisher, William Ury, and Bruce Patton introduced the world to the possibilities of mutual-gains negotiation, or integrative negotiation. The authors of Getting to Yes explained that negotiators don’t have to choose between either waging a strictly competitive, win-lose … 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 

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Negotiation Training: Turning the Lows of Colorado’s Marijuana Laws into Highs

Posted by & filed under Negotiation Training.

In negotiation courses, trainees learn effective management strategies for their negotiations and how to find new negotiation opportunities at the bargaining table. Using an example from the city of Denver, Ben Markus reports for NPR’s Weekend Edition that Colorado’s recent legalization of marijuana has posed challenges to local jurisdictions in enforcing current federal law which … Read More 

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DEC v. Riverside

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David Lax, James Sebenius, Lawrence Susskind, and Thomas Weeks Two-party, multi-issue, scoreable negotiation between a manufacturer and a state environmental agency to reach a settlement over the manufacturer’s pollution of a local river … Read More 

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Death in the Family

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Bruce Patton Two-party, short awareness-building negotiation between a professor and a student over an assignment submitted late due to a death in the student’s family … 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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Contract Negotiations in the Building Trades

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Lawrence Susskind Nine-party, multi-issue contract negotiation among three coalitions involved in the building trades; includes internal coalition meetings before the external negotiations … 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 

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Conference with a Professor

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Bruce Patton Two-party short awareness-building exercise in which student and professor meeting regarding problems arising from a borrowed manuscript and the student’s research aspirations … Read More 

Daily

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Computer Waste Policy Simulation

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Lawrence Susskind Ten-party, multi-issue chaired policy dialogue among government, environmental, and industry representatives in the fictional nation of Sweland over reform of the country’s waste policies, in effort to gain membership in the “European Trade Area” … Read More 

Daily

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Commonwealth v. McGorty

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Robert C. Bordone and Jeremy McClane Four-person integrative plea bargain negotiation between two prosecutors, a public defender, and an alleged assailant … Read More 

Daily

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Common Measures

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Paddy Moore, Hal Movius, and Lawrence Susskind Five-party, four-issue negotiation among managers at an aircraft engine company with the goal of improving quality and operations processes … Read More 

Daily

Contingency Agreement: The Risks and Pitfalls of Issuing Drafts

Posted by & filed under Business Negotiations.

A draft agreement may allow you to control the early stages of talks, but be aware that it also can obstruct agreement in the long run. Putting a draft on the table may lock parties into bargaining positions prematurely, interfering with a search for common interests and creative options. Similarly, one of the functions of the early … Read More 

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Collective Bargaining at Southern Express

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Lawrence Susskind and Charles Hecksher Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a major airline; includes an internal team meeting before external negotiations … Read More 

Daily

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Collective Bargaining at Central Division

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Lawrence Susskind, Charles Hecksher, and Elaine Landry Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a telephone company; includes an internal team meeting before external negotiations … Read More 

Daily

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Chestnut Drive

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Bruce Patton and Mark Gordon Six-party, multi-issue, intra-group negotiation among neighbors in preparation for an external negotiation regarding a local construction project … Read More 

Daily

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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Case of the Puerile Printer

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Albie Davis and Ericka Gray Six-party mediation with employees, employer, and legal counsel over the contested result of a sexual harassment grievance procedure … Read More 

Daily

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

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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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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 

Daily

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

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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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Carson Extension – Mediated Version

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Holly Goo and Lawrence Susskind Seven-person, three-issue mediation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river … Read More 

Daily

Integrative Negotiation Examples: Options and Expanding the Pie

Posted by & filed under Dealmaking.

In our society, we’re bombarded with a multitude of decisions each day, beginning with the increasingly complex question of how to order our morning coffee. In his book The Paradox of Choice: Why More Is Less (Ecco, 2004), Swarthmore College psychology professor Barry Schwartz describes the contemporary phenomenon of becoming exhausted by “the tyranny of … Read More 

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Carson Extension

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Holly Goo and Lawrence Susskind Six-party, three-issue negotiation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river … Read More 

Daily

Define Negotiation Skills: Trust in Negotiations

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Trust may develop naturally over time, but negotiators rarely have the luxury of letting nature take its course. Thus it sometimes seems easiest to play it safe with cautious deals involving few tradeoffs, few concessions, and little information sharing between parties. But avoiding risk can mean missing out on significant opportunities. For this reason, fostering … 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

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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Bunyon Brothers

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Mark Gordon, Elizabeth Gray, and Bruce Patton Three-party, multi-issue internal corporate negotiation in preparation for external negotiation with community representatives … Read More 

Daily

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

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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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Bullard Houses

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Ron Karp, David Gold and Mox Tan Two-party, multi-issue real estate negotiation between representatives for a buyer and seller, where BATNAs are important … 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 

Daily

Corruption: The Unaddressed Elephant on the Global Stage

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Global Communication

The Herbert C. Kelman Seminar on International Conflict Analysis and Resolution is pleased to present: Corruption: The Unaddressed Elephant on the Global Stage with

William English Research Director of the Edmond J. Safra Center for Ethics and Research, Fellow at the Harvard Initiative for Learning and Teaching  and

Vladimir Radomirović  Serbian Investigative Journalist, 2015 Nieman Fellow Monday, May 4, 2015 4:30 PM – 6:00 PM CGIS South, Room … Read More 

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Bradford Development

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Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues … Read More 

Daily

New Findings in the Field of Negotiation: Session Two

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Contract

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

Arvid Bell PhD Candidate in political science at Goethe University Frankfurt and

Dana Wolf PhD candidate in public international law at American University Washington College of Law and

Todd Schenk PhD candidate in environmental policy and planning at Massachusetts Institute of Technology   Tuesday, … Read More 

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Brachton Collective Bargaining Exercise

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Michael Wheeler Two-team, multi-issue employment contract negotiation between three teachers’ union representatives and three school committee representatives; includes internal team meetings before external negotiations … Read More 

Daily

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BMP Policy Meeting

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Paddy Moore, Hal Movius, and Lawrence Susskind Five-party, four-issue internal negotiation among employees of a major engine manufacturer to agree on procurement guidelines in preparation for external negotiations with suppliers … Read More 

Daily

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

Posted by & filed under Daily, Events.

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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Billboards in Wyethville

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Kelly Davenport and Lawrence Susskind Six-party negotiation among business, municipal, and environmental representatives regarding a potential ban on billboard advertising … Read More 

Daily

Business Negotiation Techniques and Dealmaking – Bargaining with Agents

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When using an agent in negotiation, your negotiation strategy and definitely the negotiation techniques you use to achieve success at the bargaining table change – but how much so? How different is negotiating with an agent from negotiating with an equal counterpart? In this article the Program on Negotiation explores the business negotiation techniques negotiators … Read More 

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Big Pipeline in Swagwit

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Kelly Davenport, Pat Field and Lawrence Susskind Two-party, two-issue integrative negotiation between representatives of a construction company and a Native American group regarding allocation of construction jobs … Read More 

Daily

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Bankruptcy Multiparty Negotiation Simulation

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James Emerson with Ben Longoria, under the supervision of Professors Robert Mnookin and Lawrence Susskind This exercise is a six-party simulation of multiparty negotiations in a bankruptcy (reorganization) and mass torts context. The simulation represents a … … Read More 

Daily

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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Bakra Beverage

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Dan Vogel, under the supervision of Robert Bordone and Gillien Todd … Read More 

Daily

Can Mediation Settle the James Brown Dispute?

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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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Appleton vs. Baker

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Lawrence Susskind Two-party, single-issue distributive negotiation between principals regarding a potential real estate sale … Read More 

Daily

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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Aerospace Investment

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Nicholas Sabin Two-party term sheet negotiation between a venture capitalist and the founder of an aerospace start-up company in which participants are scored both on their substantive performance and on the other party’s perception of the relationship … Read More 

Daily

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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Alplaus Supply Company

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Duncan MacLaren Two-party negotiation between a company field representative and a large corporate customer over a possible product return … Read More 

Daily

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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Ad Sales, Inc.

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Lawrence Susskind Six-party, multi-issue contract negotiation between management and union members of a publishing firm … Read More 

Daily

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Parking Facility Venture

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Three-party scoreable negotiation among three firms regarding the joint construction of an off-street parking facility; variation of “Three-Party Coalition” … Read More 

Daily

Deal Negotiation and Dealmaking: What to Do On Your Own

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Six negotiation skills tips for negotiators seeking to creative value during their next round at the bargaining table. Business negotiators are often faced with the complex task of coordinating multiple parties – here are some tips for the individual business negotiator on how to achieve success in her next deal negotiation. … Read More 

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Parker-Gibson

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Two-party, single-issue distributive negotiation between two neighbors regarding the potential sale of a vacant lot; refinement of Appleton-Baker … Read More 

Daily

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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 

Daily

Negotiation Skills: View Your Counterpart as an Agent

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Looking for yet another way to build your power at the negotiating table? Examine the incentives of your counterpart—and then consider whether they align with those of the group she represents. In most business negotiations, notes Harvard professor Guhan Subramanian, your counterpart is acting as her organization’s representative, or agent (just as you’re acting as … 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

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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Homelessness in Niceville

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Edward Scher and Lawrence Susskind Six-person facilitated integrative negotiation among advocates for homeless people, community and business leaders, and a foundation regarding the allocation of a grant to alleviate local homelessness problems … Read More 

Daily

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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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 

Daily

Harvard Programs Host Discussion on “Why Is It Hard to Talk About War? Bridging the Civilian – Military Divide” with Congressman-Elect Seth Moulton and PON Managing Director Susan Hackley

Posted by & filed under Negotiation Skills.

On December 8, 2014, Congressman-Elect Seth Moulton and Managing Director Susan Hackley co-presented at Harvard’s Herbert C. Kelman Seminar on International Conflict Analysis and Resolution. This seminar series is sponsored by the Program on Negotiation at Harvard Law School, the Nieman Foundation for Journalism, the Shorenstein Center on Media, Politics, and Public Policy, The Weatherhead … Read More 

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Chestnut Village

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Thomas Wiegand Multi-party, multi-issue negotiation between 3-4 construction company representatives and 5-6 neighborhood representatives over safety and nuisance complaints regarding a local construction project; internal team meetings precede external negotiations … Read More 

Daily

In Business Negotiations, Do We All Need Rock-Star Agents?

Posted by & filed under Business Negotiations.

If you are a star athlete, an up-and-coming author, or a Hollywood actor, then you might not think twice about enlisting an agent to help you negotiate your next payment contract. If you are a professional in most other fields, however, you get by on your wits, thorough research, and negotiation skills and experience. The … Read More 

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Casino

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Sheila Heen, Scott Peppet and John Richardson Two-party intra-organizational discussion between a newly-promoted manager and her division vice-president over work performance, responsibility for a new computer game project, and office environment issues … Read More 

Daily

In Conflict Resolution, President Carter Turned Flaws Into Virtues

Posted by & filed under Conflict Resolution.

When it comes to conflict resolution, surprisingly useful nuggets of advice come from the realm of international conflict. Take the Camp David Accords of 1978, as described minute-by-minute by Lawrence Wright in his new book, Thirteen Days in September. U.S. President Jimmy Carter made history by negotiating a peaceful end to the conflict between Israel … Read More 

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Baker & Irwin v. Department of Human Services

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Bruce Deming Two-party negotiation between attorneys for a state agency and a gay advocacy group regarding a state policy that led to the removal of two foster children from the home of a gay couple … Read More 

Daily

Detroit Moves Forward, Thanks to Mediation

Posted by & filed under Mediation.

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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Axis Affair

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Anita Ramasastry and Erin Monaghan Two-party negotiation between attorneys for a male executive and a recently terminated female employee regarding allegations of sexual harassment and gender discrimination … Read More 

Daily

Centrism in the Middle East: Myth or Method

Posted by & filed under Events, International Negotiation.

Mikati_250h_e

The Harvard International Negotiation Program, the Harvard Global Health Institute and the Program on Negotiation at Harvard Law School are pleased to co-present:

Centrism in the Middle East: Myth or Method Distinguished Lecture by Najib A. Mikati former Prime Minister of Lebanon with opening remarks by Daniel L. Shapiro Founder and Director, Harvard International Negotiation Program Monday, November 24 12:00 – 1:30 p.m. Austin Hall, Room … Read More 

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Flagship Airways

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Paddy Moore, Hal Movius and Lawrence Susskind Six-person, four-issue negotiation between three representatives of an industrial manufacturer and three representatives of its primary client over restructuring of an existing purchase agreement … Read More 

Daily

Product

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 

Daily

Build On Your Past Success in Business Negotiations

Posted by & filed under Business Negotiations.

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 

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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

Conflict Resolution and Opportunities for Mutual Gains in Negotiation: Key Concepts from Getting to Yes

Posted by & filed under Conflict Resolution.

Poor communication explains many of our negotiation mistakes, write Roger Fisher, William Ury, and Bruce Patton in Getting to Yes, their landmark book. Here are four negotiation skills tips adapted from Susan Hackley’s May 2005 article “Can You Break the Cycle of Bad Communication?,” first published in Negotiation. … Read More 

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Blender, The

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Bruce Patton Two-party, single-issue negotiation between a customer and a department store clerk about the return of a defective blender … Read More 

Daily

In the NFL, Roger Goodell’s Dealmaking for Mutual Gains

Posted by & filed under Dealmaking.

Because an agent’s incentives are rarely, if ever, perfectly aligned with those of her principal (principal-agent theory), many business negotiators have been burned by agents who put their own interests first. Agents in many fields, for example, have a motivation to close deals quickly – rather than for the best price – and earn quick … Read More 

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67 Fish Pond Lane

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Elizabeth Gray, Mark Gordon and Bruce Patton Two-party distributive and potentially integrative negotiation between principals over the sale of a house … Read More 

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 

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Sally Soprano I

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Norbert Jacker and Mark Gordon Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production … Read More 

Daily

Product

Bentley Convertible

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Roger Fisher and Bruce Patton Two-party distributive negotiation over the sale of a rare automobile … Read More 

Daily

Negotiation Skills: Are You Sure You’re Sharing?

Posted by & filed under Negotiation Skills.

If you’ve ever been annoyed by a negotiation counterpart who can’t seem to remember your interests and priorities, it could be that your communication skills, not his poor memory, are to blame. Negotiators typically aren’t as transparent as they think they are. In some cases, we think we’re revealing more information to the other side … 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 

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

Cooperation in Congress? Liberals and Libertarians Polish Their Negotiation Skills

Posted by & filed under Negotiation Skills.

On June 19, Republican Representative Thomas Massie of Kentucky, a libertarian, teamed up with two liberal Democrats, Zoe Lofgren of California and Rush D. Holt of New Jersey, to push through an amendment that places new prohibitions on the National Security Agency and the CIA’s surveillance operations, including barring the agencies from engaging in warrantless … Read More 

Daily

Why We Focus on Culture in Negotiations

Posted by & filed under Negotiation Skills.

Adapted from “Coping with Culture at the Bargaining Table,” first published in the May 2009 issue of Negotiation. Why we focus on culture Why does concentrating on the other side’s culture lead to problems in negotiation? Consider that negotiators often focus too narrowly on the most obvious information about the task at hand. Such focusing failures lead negotiators to … Read More 

Daily

Daily

Five Fundamentals of Negotiation from Great Negotiator 2014 Tommy Koh

Posted by & filed under Negotiation Skills.

While the blueprint for achieving your negotiation goals may differ depending on the type of negotiation, the road to negotiation success looks much the same across most negotiation scenarios. In discussing the art and science of negotiation, Great Negotiator 2014 Tommy Koh described five “fundamentals” that Program on Negotiation faculty member James K. Sebenius says, “have … Read More 

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 

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 

Daily

For Steve Ballmer, Negotiation Skills Go on the Back Burner

Posted by & filed under Negotiation Skills.

On May 30, the National Basketball Association (NBA) announced it had approved former Microsoft CEO Steve Ballmer’s record-breaking $2 billion offer to buy the Los Angeles Clippers from Shelly Sterling, wife of Clippers owner Donald Sterling. In April, the NBA banned Sterling from the league for life after racist remarks he made during a phone … Read More 

Daily

Dealmaking: What About the Fine Print?

Posted by & filed under Business Negotiations.

Choosing the right words for your contract is a negotiation in itself. Five guidelines will help you achieve greater precision. When negotiators sign on the dotted line, they sometimes worry about the wrong concerns. “Did I overpay?” wonders the buyer as he inks the sales agreement. Across the table, the seller is thinking, “I bet if I’d pushed … Read More 

Daily

The Lessons of Diplomacy

Posted by & filed under International Negotiation.

Max Bazerman has had extensive experience teaching corporation’s executive negotiation courses. In addition to the faculty and students, some of his sessions have been attended by high level former diplomats who had worked on cases discussed in class. The diplomats were invited, where appropriate, to provide insight into local customs, changing politics, and business norms. … Read More 

Daily

Negotiating with a Mediator’s Assistance: A Case Study

Posted by & filed under Mediation.

A few years ago, Stephen B. Goldberg was asked to serve as a facilitator for and adviser to a corporate team from a telecommunications firm that was preparing to negotiate with five other telecom companies on the division of radio spectrum for cellular telephone relay satellites. … Read More 

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Daily

Business Negotiations: Why Does Process Matter?

Posted by & filed under Business Negotiations.

Negotiating the right process for your negotiation is well worth the time and effort, for two important reasons. First, process drives substance. Imagine what might have happened if the pharmaceutical company and the biotech firm had agreed up front to resolve the royalty issue rather than simply exchanging their best arguments before splitting the difference. … Read More 

Daily

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

Boston’s St. Patrick’s Day Parade Offers an Opportunity for Dialogue

Posted by & filed under Conflict Resolution.

Writing for WBUR’s Cognoscenti with Shane Hunt, a student in the Harvard Law Negotiation Mediation Clinical Program, Program on Negotiation faculty member Robert Bordone describes the debate around the petition of LGBTQ groups to be included in Boston’s annual St. Patrick’s Day Parade as a unique chance for dialogue among groups to address their concerns … Read More 

Daily

Daily

Top Ten Business Deals of 2013: Yahoo buys Tumblr

Posted by & filed under Dealmaking.

When you know little about the asset at stake or the context, it makes sense to hire experts to do your negotiating for you—as long as you carefully monitor their work, align their financial incentives as closely as possible with your interests, and question their advice. … Read More 

Daily

Daily

“Sacred Values” Crop Up in Conflict Management

Posted by & filed under Conflict Resolution.

On November 24, the United States and five other world powers announced an interim agreement to temporarily freeze Iran’s nuclear program. The six-month accord is meant to give international negotiators time to negotiate a more comprehensive pact that would remove the threat of Iran producing nuclear weapons. … 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 

Daily

When You Shouldn’t Go It Alone

Posted by & filed under Dealmaking.

A five-year old American manufacturer of medical equipment has just secured a patent on its primary product, a new kind of heart monitor. The potential market is even stronger than the company imagined, yet its second round of venture capital funding is coming to an end. A few other manufacturers are about to go public … Read More 

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When Dividing the Pie, Smart Negotiators Get Creative

Posted by & filed under Negotiation Skills.

Don’t settle for uninspired compromises. Find ways to modify and expand resources to achieve more value. Typically, when parties are negotiating over a resource they both desire – whether fees, budgets, salaries, schedules, or staff – the process results in an uninspired compromise somewhere between their positions. Is it possible to avoid a compromise when negotiating tough … Read More 

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Negotiate a Vision for Your Organization

Posted by & filed under Negotiation Training.

Organizations, large and small, look to their leaders to establish an organizational vision. Popular commentary on corporate leadership presupposes that a company’s vision comes from its CEO and that, without a strong CEO, the company has no vision. But that’s not the case. Members located throughout an organization have plenty of thoughts about what the organization … Read More 

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Beware Your Counterpart’s Biases

Posted by & filed under Conflict Resolution.

In the past we have encouraged you to ‘debias’ your own behavior by identifying the assumptions that may be clouding your judgment. We have introduced you to a number of judgment biases – common, systematic errors in thinking that are likely to affect your decisions and harm your outcomes in negotiation. Learn how to identify … Read More 

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Find the Right Leadership Voice

Posted by & filed under Negotiation Skills.

When the poet Walt Whitman wrote, “Surely, whoever speaks to me in the right voice, him or her shall I follow,” he conveyed the notion that persuasive communication is fundamental to effective leadership. Whitman’s words also underscore the importance of shaping leadership communications to meet individual concerns, interests, and styles. When deciding how to communicate, recognize … Read More