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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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 Fall: December 5-7, 2016 Spring: April 18-20, 2017 | May 15-17, 2017 | June 19-21 2017

Become a More Effective Negotiator Great leaders are great negotiators. By equipping you with the innovative negotiation strategies you need to excel at the bargaining table, Negotiation and Leadership will help you:

Improve working relationships and resolve seemingly … Read More 

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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 

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Spring Mediation and Conflict Management

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

This course is designed to raise your awareness of your own approach to conflict, introduce a range of theories about mediation and participatory processes, and improve your conflict management skills. While we will discuss a wide range of dispute resolution processes that involve third parties, we will focus on mediation. Each class moves … 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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Courses and Training

Getting to YES with Yourself

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

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. Ury, co-founder of the Program on Negotiation and author of the new book Getting to Yes with Yourself (and Other Worthy Opponents), you’ll discover how to uncover and … 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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Dealing with Difficult People

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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

Mediating Disputes

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

Course Dates: June 5-9, 2017 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 … Read More 

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Free Report

Harborco: Role-Play Simulation

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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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The Harvard Negotiation Intensive: A Two-Day Workshop

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

Course Dates: June 8-9, 2017 Whether you’re a vice president, litigator, manager, or transactional attorney, negotiation is central to nearly every professional activity. Systematic and thorough preparation, as well as an ability to manage shared, different, and conflicting interests, is critical to success. Designed to address the core issues that you experience as you negotiate on behalf … 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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Negotiation Workshop: Strategies, Tools, and Skills for Success

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

Course Dates: June 12-16, 2017 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. … 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).

Course Dates: June 12-16, 2017 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 … 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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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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Negotiation Techniques from International Diplomacy: Lessons for Business Negotiators

Posted by & filed under Dealmaking.

International Diplomacy

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

Courses and Training

Mediating Disputes – Fall 2017

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

Course Dates: TBA In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate disputes across a variety of contexts. This program will provide you with core mediation skills … 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 

Free Report

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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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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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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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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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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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 

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Negotiation Master Class Fall 2013 Program Guide

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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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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 

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New Dispute Resolution Skills: A Case Study of Conflict Management Using Negotiating Skills

Posted by & filed under Business Negotiations.

case study of conflict management new dispute resolution skills

Negotiating effectively with colleagues can be more challenging than dealing with outsiders. Conventional wisdom advises addressing team conflict by staying focused on tasks and avoiding relationship issues. Yet a case study of conflict management by Harvard Business School professor Amy Edmondson and Diana McLain Smith of The Monitory Group concludes that this approach to dispute … 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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Negotiation Topics in Business: Coming Up with Win-Win Solutions at the Bargaining Table

Posted by & filed under Business Negotiations.

integrative negotiation and a win-win solution a place in business negotiations

Even those who effectively engage in an integrative negotiations or mutual-gains approach to negotiation, a bargaining scenario in which parties work together to meet interests and maximize value creation during the negotiation process, can be stymied by the task of dividing up a seemingly fixed pie of resources, such as budgets, revenue, and time. … 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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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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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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International Negotiation Role Playing: Systems Thinking and Peace-Building

Posted by & filed under Conflict Resolution.

international negotiation - peacebuilding negotiation strategies in international negotiations

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

Posted by & filed under Conflict Resolution.

How to manage conflict at work

Sooner or later, almost all of us will find ourselves trying to cope with how to manage conflict at work. At the office, we may struggle to work through high-pressure situations with people with whom we have little in common. We need a special set of strategies to calm tempers, restore order, and meet each … Read More 

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Integrative Bargaining Examples: Expanding the Pie – Integrative versus Distributive Bargaining Negotiation Strategies

Posted by & filed under Negotiation Skills.

integrative bargaining

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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Consultant, The

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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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What is Med-Arb?

Posted by & filed under Mediation.

med arb

When parties find themselves involved in a serious conflict, they often try to avoid the expense and hassle of litigation by turning to one of the two most common alternative dispute resolution processes: mediation or arbitration. … Read More 

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The Leadership Skills of Late Night

Posted by & filed under Leadership Skills.

The Leadership Skills of Late Night

Selecting the right person for a challenging job is often more than just a hiring decision. It’s a negotiation. Doing it well requires exceptional leadership skills. Nowhere is this clearer than in late night television. Last year, Jay Leno left The Tonight Show. … 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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Diplomatic Negotiations: The Surprising Benefits of Conflict and Teamwork at the Negotiation Table

Posted by & filed under International Negotiation.

diplomatic negotiations

As the US presidential primary season heats up for both parties, it helps to take a look back at the 2008 US presidential election and the win-win coalition forged between Barack Obama and his then-rival, Hillary Clinton. As this example demonstrates, if carefully managed, disagreements can lead to better results than you might expect. … 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 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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What is Dispute Resolution in Law: The Ins and Outs of Arbitration

Posted by & filed under Dispute Resolution.

what is dispute resolution in law the ins and outs of arbitration

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 … 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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5 Conflict Resolution Strategies

Posted by & filed under Conflict Resolution.

conflict resolution

Whether a conflict erupts at work or at home, we frequently fall back on the tendency to try to correct the other person or group’s perceptions, lecturing them about why we’re right—and they’re wrong. Deep down, we know that this conflict management approach usually fails to resolve the conflict and often only makes it worse. … 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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Integrative Negotiation Examples: MESOs and Expanding the Pie

Posted by & filed under Dealmaking.

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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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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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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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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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MESO Negotiation: Learn from a Seller’s Market

Posted by & filed under Dealmaking.

negotiating skills and negotiation tactics learn from a sellers market in sales negotiations

What negotiating skills and negotiation tactics can negotiators take away from hyper competitive bargaining situations? With home sales heating up (again) in some parts of the United States, homebuyers are facing competition they haven’t seen since before the real-estate bubble burst back in 2008, and it’s showing up in the form of packed open houses, … Read More 

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Diplomatic Negotiations to Build a Winning Coalition to Negotiate with Iran

Posted by & filed under International Negotiation.

diplomatic-negotiations-to-build-a-winning-coalition-to-negotiate-with-iran_250w

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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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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Getting to YES

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Roger Fisher, William Ury, and Bruce Patton A straightforward, universally applicable method for negotiating personal and professional disputes without getting taken-and without getting angry. … Read More 

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Mediation Process and Business Negotiations: How Does Mediation Work in a Lawsuit?

Posted by & filed under Mediation.

mediation process and business negotiations how does mediation work in a lawsuit

How does mediation work in a lawsuit? What benefits can mediation offer businesses that deal with multiple contractual agreements, some of which may end in disputes? These questions were answered by Harvard Law School Associate Professor and negotiation expert Dan Greiner in an “Ask the Negotiation Coach” segment from our Negotiation Briefings newsletter. … 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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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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Conflict Management: Intervening in Workplace Conflict

Posted by & filed under Conflict Resolution.

Interior Of Busy Modern Open Plan Office

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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What is a Win-Win Negotiation?

Posted by & filed under Win-Win Negotiations.

Fake Dictionary, Dictionary definition of the word win-win.

In an episode of the American television show The Office, bumbling manager Michael Scott consults with a manual on conflict resolution while attempting to mediate a dispute between two of his subordinates, Angela and Oscar. After Scott explains that there are five approaches to resolving conflict, beginning with “win-lose,” an annoyed Angela interrupts: “Can we … Read More 

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Q&A with William Ury, author of Getting To Yes With Yourself

Posted by & filed under Teaching Negotiation.

william-l-ury-100

Are You Your Own Worst Enemy? 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 the path to resolution is not always linear … 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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3-D Negotiation

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David Lax & James Sebenius A path-breaking introduction to the “three dimensions” of complex negotiated deal-making: table tactics, deal design, and the crucial but often overlooked dimension of setup … Read More 

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Consensus Building Handbook

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Lawrence Susskind, Sarah McKearnan & Jennifer Thomas-Larmer Winner of the 1999 CPR Award for Excellence in ADR (Outstanding Book Category) … Read More 

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Built to Win Creating a World-Class Negotiating Organization

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Hal Movius and Lawrence Susskind A prescriptive, tools-driven model for aligning organizational structures, processes and culture with negotiation goals, in order to transform organizational negotiation capabilities into a competitive advantage … Read More 

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How to Balance Your Own Values in Negotiation

Posted by & filed under Business Negotiations.

best negotiation examples negotiating conflicts of interest

Best negotiation examples from real life: Imagine that you’ve been negotiating the sale of a property that is owned by your company. The buyer has made an attractive offer that you’ve tentatively accepted. Your boss is pleased with the terms as they stand, but suggests that you go back to the buyer and tell her … Read More 

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Six Guidelines for “Getting to Yes”

Posted by & filed under Negotiation Skills.

Sharp focus on bold, green "YES!" in front of a row of plain gray "NO"s blurring and fading into the distance. Isolated on white.

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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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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Case Studies: Ten Great Conflict Resolutions

Posted by & filed under Conflict Resolution.

top ten conflict resolution posts

Conflict resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Conflict resolution sometimes requires both a power-based and an interest-based approach, such as the simultaneous pursuit of litigation (the use of legal power) and negotiation (attempts to reconcile each party’s … 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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Capture the Best of Mediation and Arbitration

Posted by & filed under Mediation.

Group of Business People Meeting

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

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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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How Mediation Works

Posted by & filed under Dispute Resolution.

When negotiators can’t come to agreement but want to avoid an expensive, time-consuming, and potentially rancorous lawsuit, mediation is often their most logical choice. Mediation can help to resolve a wide range of disputes. … 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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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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How to Overcome Cross Cultural Barriers in Negotiation

Posted by & filed under International Negotiation.

overcoming-cultural-barriers-in-negotiation-how-to-launch-more-productive-cross-cultural-negotiations_

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.” It was a daunting task. Having made an … 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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“Chasing Heroin” with Situational Leadership and Negotiation

Posted by & filed under Leadership Skills.

A field of golden wheat and blue sky

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

Posted by & filed under Conflict Resolution.

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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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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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Developing Negotiation Skills and Negotiation Techniques for Integrative Negotiations – Does Personality Matter?

Posted by & filed under Negotiation Skills.

developing negotiation skills and negotiation techniques for integrative negotiations does personality matter

Imagine that after some negative experiences at the bargaining table or if you are frustrated in your efforts to improve your negotiation skills, you’ve started to worry that you simply don’t have the right personality to be a great negotiator let alone a value-creating, integrative negotiations expert. The other party always seems to get 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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Negotiating with Millennials – How to Overcome Cultural Differences in Communication

Posted by & filed under Business Negotiations.

how to overcome cultural differences in communication - negotiating with the next generation

Negotiation training often focuses on bridging gaps between negotiators with different styles, backgrounds, or objectives, but what about overcoming generational barriers in negotiation? Generational differences need not stymie efforts at the bargaining table. In this segment from “Dear Negotiation Coach,” we explore how to overcome cultural differences in communication with members of the Millennial generation. … 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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The Power of a Simple Thank You

Posted by & filed under Daily, Negotiation Skills.

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Expressions of gratitude have a number of positive effects, such as helping us savor pleasurable experiences, manage stress, and strengthen relationships, researchers have found. In negotiation and other contexts, showing gratitude also motivates those we thank to keep on giving. In a series of experiments, researchers Adam M. Grant and Francesca Gino examined why expressions of … 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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Beware Your Counterpart’s Biases

Posted by & filed under Conflict Resolution.

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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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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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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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Four Strategies for Making Concessions

Posted by & filed under Daily, Negotiation Skills.

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Harvard Business School: Working Knowledge by Deepak Malhotra (Associate Professor of Business Administration, Harvard Business School) Skilled negotiators know that making strategic concessions at the right time can be an effective tactic in negotiations. In this article, Deepak Malhotra, professor at Harvard Business School and PON affiliated faculty member, suggests four ways to make your concessions work … 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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Arbitration vs Mediation: How Negotiators Can Effectively Use Alternative Dispute Resolution (ADR)

Posted by & filed under Conflict Resolution.

arbitration vs mediation and the conflict resolution process in alternative dispute 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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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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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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Leadership Style Assessment: Road Map for Podemos in Spain

Posted by & filed under Leadership Skills.

participative leadership is the roadmap for podemos in spain

The skills required for honing an effective participative leadership style have a great deal in common with those used by good negotiators. Following the May 24, 2015 municipal elections in Spain, all of those skills are being put to the test. The elections delivered a stunning rebuke to the incumbent conservative Popular Party of Mariano … Read More 

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PowerScreen Problem

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

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Alternative Dispute Resolution (ADR) Training: Mediation Curriculum

Posted by & filed under Mediation.

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In 2009, we collected many types of curriculum materials from teachers and trainers who attended the 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 … 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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Power in Negotiation: The Impact on Negotiators and the Negotiation Process

Posted by & filed under Negotiation Skills.

power in negotiation the impact on negotiators and the negotiation process

According to Dacher Keltner of the University of California at Berkeley and his colleagues, power in negotiation affects two primary neurological regulators of behavior: the behavioral approach system and the behavioral inhibition system. Powerful negotiators demonstrate “approach related” behaviors such as expressing positive moods and searching for rewards in their environment. … 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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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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What is Negotiation?

Posted by & filed under Negotiation Skills.

negotiation style

Many people dread negotiation, not recognizing that they negotiate on a regular, even daily basis. Most of us face formal negotiations throughout our personal and professional lives: discussing the terms of a job offer with a recruiter, haggling over the price of a new car, hammering out a contract with a supplier. … 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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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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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 

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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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Negotiation Case Studies: Teach By Example

Posted by & filed under Teaching Negotiation.

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

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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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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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Integrative Negotiation: When Dividing the Pie, Smart Negotiators Get Creative

Posted by & filed under Negotiation Skills.

pumpkin pie as pie chart

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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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 

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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 

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Leadership in Crisis Negotiations

Posted by & filed under Leadership Skills.

euro crisis in Greece leadership qualities for a negotiation in crisis

Since the start of the global economic recession in 2008, few issues have proven as explosive as the Greek debt crisis. The Greek government’s commitment to repay billions of dollars in loans has been a source of contention with creditors ever since a sizable bailout was issued in 2010. … 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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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 

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George and Martha

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

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How to Work with Your Counterpart in Negotiations

Posted by & filed under Negotiation Skills.

negotiation skills in business communication seeking advice from others

Negotiation skills in business communication and seeking advice from others, what are the potential benefits? Advice seeking inherently employs multiple self-presentation tactics (including ingratiation, self-promotion, and supplication), it allows us to improve both our competence and our likability. … 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 

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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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BATNA and Risky Negotiation Tactics

Posted by & filed under BATNA.

batna negotiation examples brinksmanship while negotiating

Here is a good BATNA negotiation example involving leveraging your away-from-the-bargaining-table options and the risks inherent with such a negotiation strategy. Negotiation Coach Ian Larkin, Harvard Business School professor, explains. … 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 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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How to Avoid Faulty Negotiated Agreements

Posted by & filed under Dealmaking.

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Some of the trickier aspects of designing the right contract with your agent include properly aligning her incentives and monitoring her work. Supervising your agent can be especially hard when she knows more than you do about the area of work. For example, hiring an agent who is a lawyer and paying her on an … Read More 

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Ellis v. MacroB

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

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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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Techniques for Improving Your Negotiating Ability

Posted by & filed under Negotiation Skills.

negotiation skills and negotiation training techniques and strategies for improving your negotiating ability

Many organizations subject their executives to rigorous performance reviews, yet few companies include negotiation effectiveness as one of the core competencies they track. Instead, negotiation is usually subsumed under categories such as “emotional intelligence,” or “persuasiveness” and negotiation techniques and their improvement through negotiation training are not a regular part of employee training programs. … 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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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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Your Reputation at the Bargaining Table in Business Negotiations

Posted by & filed under Business Negotiations.

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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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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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 

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Putting Your Negotiated Agreement Into Action

Posted by & filed under Negotiation Skills.

negotiation examples in business implementing your negotiated agreement

Normally negotiators focus on the deal-at-hand as well as those present at the negotiation table, neglecting other aspects of the negotiated agreement that would not only impact others outside of the room but also require their cooperation for the agreement’s success and viability. … 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 Analysis: The US, Taliban, and the Bergdahl Exchange

Posted by & filed under International Negotiation.

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The exchange between the United States and the Taliban of Sergeant Bowe Bergdahl for five Taliban leaders held at Guantanamo Bay, Cuba, represented the first public prisoner exchange of a US soldier in the thirteen year US involvement in Afghanistan. The background of the deal including how Private First Class Bergdahl (promoted twice to Sergeant … 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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Negotiation Examples to Help You Become a Better Mediator

Posted by & filed under Teaching Negotiation.

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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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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 

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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 

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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 

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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 

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Is Your Deal Too Good to Be True?

Posted by & filed under Business Negotiations.

man wih a beard with a light bulb on the laptop

In an episode of the fictional HBO series Silicon Valley, partners in a red-hot technology startup, Pied Piper, receive funding offers from a number of venture capitalist firms. Raviga Capital is by far the highest bidder; its offer of $20 million values Pied Piper at a whopping $100 million. … Read More 

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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 

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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 

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Carter Estate Problem, The

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

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Negotiation Scenario: Hammering out Local Strategies for Managing Climate-related Public Health Risks

Posted by & filed under Teaching Negotiation.

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Climate change is already causing increased temperatures, more intense storms, and rising sea levels in many parts of the world. The threats, particularly the impacts on human health, are daunting. Despite uncertainties about the timing and severity of the impacts of climate change in each location, this simulation asserts that cities and towns must take … 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 

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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 

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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 

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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 

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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 

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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 

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Using Negotiation Games to Develop Skills for Commercial Dispute Resolution

Posted by & filed under Teaching Negotiation.

negotiating skills and negotiation tactics developing skills for commercial dispute resolution using negotiation games

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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Brachton Collective Bargaining Exercise

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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 

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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 

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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 

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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 

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Negotiation Exercises to Help Your Students Avoid Cross-Cultural Pitfalls

Posted by & filed under Teaching Negotiation.

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It’s no secret that communication and negotiation etiquette varies widely across cultures. In France, for example, it is rude to talk money over dinner, while in Brazil the American ‘A-OK’ gesture (thumb and forefinger forming a circle) can be a major insult. The increasingly diverse and global nature of business sets the stage for disputes that … Read More 

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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 

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What is Dispute System Design?

Posted by & filed under Dispute Resolution.

dispute system design - employee mediation techniques dispute resolution design

Dispute System Design (DSD) is the process of identifying, designing, employing, and evaluating an effective means of resolving conflicts within an organization. In order to be effective, dispute systems must be thoroughly thought out and carefully constructed. … 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 

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Cross Cultural Communication: Translation and Negotiations

Posted by & filed under International Negotiation.

negotiation tips for international negotiators bargaining in different languages

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

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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 

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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 

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The Ladder of Inference: A Resource List

Posted by & filed under Negotiation Skills.

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The ladder of inference is a model of decision making behavior originally developed by Chris Argyris and Donald Schoen and elaborated upon in the context of negotiation by Program on Negotiation co-founder Bruce Patton in his book Difficult Conversations, co-authored with fellow Program on Negotiation faculty members Douglas Stone and Sheila Heen. The model describes … 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 

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How to Predict a Negotiator’s Decisions

Posted by & filed under Dealmaking.

negotiation skills and negotiation techniques predicting negotiator decisions and behavior

Improving your negotiation skills can only take you so far – eventually you need to assess you behavior preferences as a negotiator. Being able to predict how you will behave in a given bargaining scenario will help you augment the negotiation training you have received as well as help you achieve better outcomes at the … 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 

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PON Remembers Howard Raiffa

Posted by & filed under Daily, Negotiation Skills.

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The Program on Negotiation would like to honor the memory of beloved colleague Howard Raiffa by highlighting his vast contributions to the field of decision making, negotiation, and dispute resolution. Howard Raiffa was one of the four principal co-founders of the Harvard Kennedy School and the Frank Plumpton Ramsey Professor of Managerial Economics Emeritus, a … Read More 

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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 

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Conflict Resolution Games: Life, Death, and Career Consequences

Posted by & filed under Teaching Negotiation.

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High-Stakes Conflict Resolution Games In Drug Testing in the Workplace—a popular role-play from the TNRC—a truck driver tests positive for marijuana in a random drug test. To play this conflict resolution game, participants assume the roles of truck driver, personnel director, and a representative from the Employee Assistance Program Center, and then explore the question: What is the … 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 

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Tough Topics in Negotiation: Negotiating a Non-Compete Agreement with Employers

Posted by & filed under Conflict Resolution.

integrative negotiation examples and noncompete agreements negotiating skills and negotiation techniques for conflict resolution

In integrative negotiations, each side seeks to create and claim value with an eye towards the future of the negotiating relationship. One way of securing this relationship is a noncompete agreement: Employers sometimes ask potential employees to agree not to work for their competitors in the future but don’t assume such requests are nonnegotiable. … Read More 

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Managing Growth in Rockville

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

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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 

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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 

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Eazy’s Garage

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

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How Your Organization Can Benefit from Mediation Techniques

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Mediation resolution and mediate legal disputes in business as a concept with a businessman or lawyer separating two judge mallets or gavel as competitors in arbitration.

If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … 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 

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How to Use MESOs in Business Negotiations

Posted by & filed under Business Negotiations.

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It’s not uncommon in business negotiations to find yourself on the brink of impasse. You and your counterpart have exchanged a series of offers and counteroffers, and you’ve met somewhere close to the middle—but not close enough. With each side firmly rooted in its position, there may seem to be no way forward. … 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 

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Negotiating with Your Agent

Posted by & filed under Business Negotiations.

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Toby knew that Dara was the perfect New York literary agent for him as soon as he heard her friendly, professional voice on the phone. Never mind that 17 other agents had already rejected his book proposal. Dara’s enthusiasm and recent sales convinced him to sign the three-year exclusive contract she mailed to him in … 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 

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How to Negotiate Under Pressure

Posted by & filed under Negotiation Skills.

At the time, it seemed to be an example of coolheaded dealmaking in the midst of disaster. In 2009, hit hard by the 2008 financial crisis and changes in consumer preferences, U.S. automaker Chrysler was on the brink of collapse, and the Treasury Department stepped in to do a deal. In exchange for about $12 … 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 

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