negotiation skill

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The following items are tagged negotiation skill.

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Courses and Training

Fall 2014 Negotiation and Dispute Resolution

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

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

Product

Free Report

Sally Soprano: Role-Play Simulation

Posted by & filed under Free Report.

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 with Sally’s agent to discuss the possibility of hiring Sally for the production. Neither knows much about the other’s interests or alternatives. There is a wide-range of possible outcomes.

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Fighting For Your Livelihood

Posted by & filed under Teaching Negotiation.

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

Courses and Training

Product

Great Negotiator 2002: Lakhdar Brahimi

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James Sebenius and Kristen Schneeman

DVD featuring excerpts from a discussion with Ambassador Lakhdar Brahimi regarding his international negotiation experiences, including negotiating a new government for Afghanistan in 2002

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Dealing with Difficult People: Coping with an Insulting Offer

Posted by & filed under Dealing with Difficult People.

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

Courses and Training

Negotiation Workshop: Strategies, Tools, and Skills for Success

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

Turn disputes into deals. Transform deals into better deals. Resolve intractable problems. Negotiating effectively requires the ability to change the game – moving away from conflict and toward collaboration. In this intensive, interactive program, you acquire a proven framework for maximizing the value of your negotiation, whether you are behind the bargaining table with a client or across the table with an opposing party.

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

Product

Mediation Role Play: Guatemala Role Play, The Workable Peace: Indigenous Rights and the Environment in Latin America

Posted by & filed under .

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

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Medical Negotiations: Dealing With Life, Death, and Consequences

Posted by & filed under Teaching Negotiation.

Healthcare is one of the largest industries globally, with billions of dollars spent on treatments and research. While healthcare is definitely a “big business,” medical disputes can deeply affect people’s personal lives. The fact that life and death are actual issues in many medical negotiations means the stakes are even higher.

To enable participants to gain experience exploring complex and emotionally fraught issues in an educational environment, the TNRC offers a variety of role-plays focused on health-care related disputes such as medical malpractice.

Courses and Training

Intensive Negotiations for Lawyers and Executives

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

Whether you’re a vice president, litigator, manager, or transactional attorney, negotiation is central to nearly every professional activity. Systematic and thorough preparation, as well as an ability to manage shared, different, and conflicting interests, is critical to success.

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

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Negotiation Skills: In Negotiation, Does Personality Matter?

Posted by & filed under Negotiation Skills.

Imagine that after some negative experiences at the bargaining table, you’ve started to worry that you simply don’t have the right personality to be a great negotiator. The other party always seems to get the upper hand, and you can’t manage to come away with a favorable deal. What can you do to improve, or should you leave negotiating to someone else?

Courses and Training

Advanced Negotiation: Making Difficult Conversations Productive

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

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

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

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Negotiation Skills: Confront Your Anxiety, Improve Your Results

Posted by & filed under Negotiation Skills.

A new research study confirms what many of us have suspected: anxiety about a negotiation is likely to work against you. Researchers Alison Wood Brooks and Maurice E. Schweitzer of the Wharton School at the University of Pennsylvania have taken a first look at whether anxiety affects negotiators’ outcomes. In three experiments, the researchers induced anxiety in some of their college student participants by having them listen to frenetic music (the theme from the movie Psycho ) or watch an anxiety-producing film clip about rock climbers. Participants in a neutral condition listened to a piece of classical music or watched a video clip of ocean fish.

Negotiation Simulations With Global Impact

Posted by & filed under Teaching Negotiation.

International law and diplomacy is a rapidly evolving field that depends on the brokering of agreements between nations and other stakeholders. Whether there are language barriers, cultural differences, or both, some of the most challenging negotiations involve parties from different nations. Because of the relative lack of clear legal precedents and the difficulties of enforcement, most decisions are reached via global agreements rather than decided by courts.

Conflict Management and Negotiation: Personality and Individual Differences That Do Matter

Posted by & filed under Conflict Management.

Although Elfenbein and her colleagues did find that negotiators performed at a similar level from one negotiation to the next, to their surprise, these scores were only minimally related to specific personality traits. And traits that are basically unchangeable, such as gender, ethnic background, and physical attractiveness, were not closely connected to people’s scores.

A small number of traits did affect negotiators’ performance,however. Let’s look at the qualities that stood out in this study, as well as some that other researchers have identified.

Dealing with Gender Discrimination

Posted by & filed under Teaching Negotiation.

As you know, gender stereotypes often enter the negotiation process. Women and men are perceived to, and often do, act differently in negotiations. Furthermore, gender-based discrimination—such as less pay, unequal treatment, and sexual harassment—is often a source of conflict. With the resources available through the Teaching Negotiation Resource Center (TNRC), professionals can learn how to fairly and effectively negotiate gender discrimination issues.

Negotiation Skills and Dealmaking: Committing to an Arbitrary Deadline

Posted by & filed under Negotiation Skills.

During the NBA’s 2011 lockout, NBA commissioner David Stern’s arbitrary deadlines may have done more harm than good. But he had more luck with an arbitrary deadline during the league’s previous lockout, which whittled the 1998–1999 NBA season down to 50 games per team, as Don A. Moore explained in a 2004 article for Negotiation. During that season, after six long months of heated bargaining, the players and owners remained far apart.

To Grade Or Not To Grade? That Is The Question!

Posted by & filed under Teaching Negotiation.

Whether to grade student role-play performance, process and outcomes is a tricky question. Jim Lawrence, a long-time PON contributor, simulation author, attorney and practicing mediator with Frost Brown Todd LLC, recently shared his thoughts on the value and purpose of grading students participating in negotiation simulations.

Negotiation Skills: At Pimco, a Successful Threat and an Uncertain Payoff

Posted by & filed under Negotiation Skills.

In business negotiations, threats can be fraught with risk. There is the risk that a threat will escalate conflict. There is the risk that a threat will motivate a desire for revenge. And then there is the risk that your threat will work perfectly, but you’ll be unprepared for the aftermath.

That last scenario may describe what happened recently when a number of executives and investment officers at Pimco Investment Management threatened to quit unless Bill Gross, the firm’s co-founder and manager of its flagship Total Return Fund, was fired.

Build On Your Past Success in Business Negotiations

Posted by & filed under Business Negotiations.

For fans of AMC’s hit show Mad Men, the news was terrible. In late March 2011, the network publicly confirmed that the fifth season of the show, originally set to air summer of 2011, would not air until early 2012. A contract dispute with the show’s creator, producer, and head writer, Matthew Weiner, had held up the writing and production of the new season. The network reportedly offered Weiner a $30 million, three-season contract, which would make him one of the most highly paid producers on cable TV.

What Can An Opera Singer Teach You About Negotiation?

Posted by & filed under Teaching Negotiation.

A distinguished older soprano, Sally has not had a lead role in two years. However, when another soprano falls ill, the Lyric Opera is eager to hire Sally…but at what price?
Sally Soprano is one of the best-known role-play simulations from the Program on Negotiation’s Teaching Negotiation Resource Center (TNRC). And it’s a classic for good reason.
Sally Soprano boils very complex dynamics down to essential structures. As Daniel Shapiro, Associate Director of the Harvard Negotiation Project, puts it, “Sally Soprano has an elegant structure that more clearly than any other case raises the critical elements of interest-based negotiation.”

2 Negotiation Role-Plays Designed To Build Critical Skills

Posted by & filed under Teaching Negotiation.

Here is a brief story about about a teenager named Chris Jensen.

On his way home from basketball practice, he walked into a grocery store and shoplifted some candy bars and a soda. The storeowner saw him, chased after him, and, as luck would have it, they ran right into a police officer.

But instead of hauling him off to juvenile court, the victim agreed to try another method of negotiating a successful resolution.

Crisis Negotiations and Negotiation Skills Insights from the New York City Police Department Hostage Negotiations Team

Posted by & filed under Crisis Negotiations.

Few negotiators can imagine negotiation scenarios more stressful than the kinds of crisis negotiations the New York City Police Department’s Hostage Negotiation Team undertake.

The Program on Negotiation received an article from Jeff Thompson and Hugh McGowan, Ph.D., outlining the techniques and strategies that the New York City Police Department Hostage Negotiations Team employ while dealing with high-stakes, high-pressure crisis negotiation situations.

Jeff Thompson, a NYPD Detective, is a research scholar at Columbia University School of Law and a Ph.D. candidate at the Griffith University Law School in Queensland, Australia. Hugh McGowan is a former commanding officer of the NYPD’s Hostage Negotiation Team, having led the HNT for 13 years. The NYPD Hostage Negotiations team handles more crisis negotiations in one month than most departments do in a year and, in 2012 alone, the department handled 400 such negotiations, one of which was well over 50 hours long and included a team of 17 crisis negotiators.

Negotiation Skills: Negotiating to Give Good Advice

Posted by & filed under Negotiation Skills.

Many of us advise others on the job yet fail to plan adequately for this responsibility. Set up a strong relationship by negotiating your role as advisor. Name-calling, backstabbing, and turf wars erupted among President Barack Obama’s civilian and military advisors in 2009, as he tried to devise a strategy for ending the war in Afghanistan, writes journalist Bob Woodward in his recent book, Obama’s Wars (Simon & Schuster, 2010). Granted extensive access to Obama and members of his administration, Woodward depicts a power struggle that caused the president to lash out at his advisors in frustration at times. As Woodward’s book suggests, advisors can be as much a headache as a help.

Negotiation Case Studies: Teach By Example

Posted by & filed under Teaching Negotiation.

There are good negotiators and there are great ones.
Once a year, the Program on Negotiation at Harvard Law School selects an outstanding individual who embodies what it means to be a truly great negotiator. To earn the Great Negotiator Award, the honoree must be a distinguished leader whose lifelong accomplishments in the field of dispute resolution and negotiation have had compelling and lasting results.
To help students and professionals learn valuable lessons from these highly skilled negotiators, our Teaching Negotiation Resource Center (TNRC) offers the Great Negotiator Case Study Series featuring in-depth studies such as “Stuart Eizenstat: Negotiating the Final Accounts of World War II” and “Lakhdar Brahimi: Negotiating a New Government for Afghanistan.”

Negotiation Skills: Which Negotiating Style Is Best?

Posted by & filed under Negotiation Skills.

Is one negotiating style “better” than another? Most research suggests that negotiators with a primarily cooperative style are more successful than hard bargainers at reaching novel solutions that improve everyone’s outcomes. Negotiators who lean toward cooperation also tend to be more satisfied with the process and their results, according to Weingart. At the same time, claiming value and lobbying tenaciously for your position can be equally important negotiation strategies.

The Moral Quandary: Negotiation Exercises Featuring Ethical Dilemmas

Posted by & filed under Teaching Negotiation.

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

Negotiation Skills: A Failure to Communicate

Posted by & filed under Negotiation Skills.

Question: I’ve just finished reading the recent book No One Would Listen: A True Financial Thriller (Wiley, 2010) by Harry Markopolos, the whistle-blower in the Bernard Madoff scandal. Why do you think Markopolos was so ineffective at persuading the Securities and Exchange Commission (SEC) that Madoff was a fraud? What does this story tell us about how to be persuasive in negotiation more generally? Answer: I read Markopolos’s book, too, and I found it to be stunning. I’ve also read quite carefully the publicly available documentation of his investigation that he provided, and I agree with his core conclusions.

Powerful Conflict Resolution Games To Help You Teach Negotiation

Posted by & filed under Teaching Negotiation.

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

Thanks to Keen Negotiation Skills, the Carolinas Avoid a Border Dispute

Posted by & filed under Negotiation Skills.

Due to the frequency of their border disputes, the United States can at times seem not so united. The states of Georgia and Tennessee are currently embroiled in a heated conflict over a mile-long strip of land. A dispute between Georgia and South Carolina over several islands reached the Supreme Court, as did a conflict between New Jersey and New York over a landfill near Ellis Island.

Highly inaccurate surveying conducted in the early days of the republic, combined with the natural human tendency to make biased claims to land and other prized commodities, have conspired to make these disputes especially heated. That’s why the states of North and South Carolina should be commended for approaching a border challenge with a minimum of rancor and some collaborative negotiation skills, as described recently by Stephen R. Kelly, a visiting professor in the Sanford School of Public Policy at Duke University, in the New York Times.

Negotiation Skills: Are You Sure You’re Sharing?

Posted by & filed under Negotiation Skills.

If you’ve ever been annoyed by a negotiation counterpart who can’t seem to remember your interests and priorities, it could be that your communication skills, not his poor memory, are to blame. Negotiators typically aren’t as transparent as they think they are. In some cases, we think we’re revealing more information to the other side than we actually are. At other times, we fail to present information as clearly as possible. Such communication failures can pose significant problems. In one study, professors George Loewenstein and Don Moore of Carnegie Mellon University found that when information can be interpreted in different ways, differing expectations and settlement delays may result.

Negotiation Games for the New Academic Year

Posted by & filed under Teaching Negotiation.

In complex legal negotiations, money, reputations, and sometimes even lives are often at stake. Legal professionals must know how to read and debate the law as well as fully embrace the art and science of negotiation.
To help attorneys and other legal professionals become well versed in law and court-based negotiation, the Program on Negotiation’s Teaching Negotiation Resource Center (TNRC) offers a wide range of role-play negotiation simulations.

How Case Studies Facilitate Negotiated Agreements

Posted by & filed under Teaching Negotiation.

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

How Negotiation Examples Can Help You Become A Better Mediator

Posted by & filed under Teaching Negotiation.

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

Negotiation Skills Tips: Dealing with Deception at the Bargaining Table

Posted by & filed under Negotiation Skills.

In his book Bargaining for Advantage: Negotiation Strategies for Reasonable People (Penguin, 2006), G. Richard Shell analyzes this story from Nancy Griffin and Kim Masters’s book Hit & Run: How Jon Peters and Peter Guber Took Sony for a Ride in Hollywood (Simon & Schuster, 1996) as an example of the deceptive tactics negotiators sometimes use to get what they want. Here are five other common types of deception you may come across in negotiation, according to Richard Shell.

Negotiation Skills: Threat Response at the Bargaining Table

Posted by & filed under Negotiation Skills.

When someone issues a threat or an ultimatum, take a step back and diagnose the problem. Consider how you would respond to threats and ultimatums such as these during negotiation. In the face of such tough talk, should you strike back with a counterthreat? Probably not. Because counterthreats raise the emotional temperature of a negotiation, they will get you even further off track. Instead, immediately after hearing a threat (or just after you issue one yourself), call for a break.

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

Posted by & filed under Teaching Negotiation.

From complicated land use debates to the regulation of pollutants, environmental negotiations are fraught with dynamic legal, scientific, and societal considerations. Because many of the natural resources in question are limited and fragile, disputes over them can be particularly difficult.
To help educate professionals about how to work through challenging environmental and sustainability negotiations, the Program on Negotiation’s Teaching Negotiation Resource Center offers a wide range of role-play exercises.

Conflict Management Techniques: Should You Take Your Dispute Public?

Posted by & filed under Conflict Management.

To turn up the heat on opponents, negotiators sometimes advertise their grievances.

Here’s negotiation skills advice on when it’s a good idea to be vocal—and when to keep talks private.

The decision seemed nonsensical.

Early on the morning of March 7, 2010, with the Academy Awards telecast just hours away, the Walt Disney Company pulled the signal on WABC, its New York–area station. Residents in the New York area awoke to learn they might have to scramble to watch the Oscars via satellite at bars or friends’ homes.

Best-In-Class Negotiation Case Studies

Posted by & filed under Teaching Negotiation.

What’s one of the best ways to teach the art and science of negotiation? Case studies and articles that spark lively discussion or facilitate self-reflection. Based on real-world examples, these teaching resources are designed to help students envision how to apply what they’ve learned in the classroom and beyond.
The Teaching Negotiation Resource Center (TNRC) at the Program on Negotiation offers negotiation case studies from renowned authors who’ve negotiated trade agreements, aided peace treaties, and handled many other high-stakes deals. By drawing on their own experiences, they’ve crafted negotiation case studies that are authentic, compelling, and enlightening.

How Negotiation Exercises Can Prepare You For Cross-Cultural Negotiations

Posted by & filed under Teaching Negotiation.

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

Cooperation in Congress? Liberals and Libertarians Polish Their Negotiation Skills

Posted by & filed under Negotiation Skills.

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

How Negotiation Games Can Help You Develop Skills to Resolve Business and Commercial Disputes

Posted by & filed under Teaching Negotiation.

Private sector or commercial negotiations can range from relatively straightforward, high-stakes contract negotiations between suppliers and distributors to complex, multiparty negotiations between government, industry, and other interest groups. To help teach these key negotiation skills the Teaching Negotiation Resource Center (TNRC) has developed a wide range of role-play exercises that reflect the full breadth and depth of business and commercial negotiations.

Dealmaking and Business Negotiations: 6 Tips for Novice Hagglers

Posted by & filed under Business Negotiations.

Whether you’re purchasing a new home or car, or negotiating a discount on an inventory purchase for your firm, the art of haggling enables negotiators to make a strong claim for their share of the pie. Here are six tips from the Negotiation Briefings newsletter to help you start becoming a better at haggling in business negotiations.

Master the Art and Science of Haggling for More Productive Business Negotiations

Posted by & filed under Business Negotiations.

Just like the prices of houses, cars, and other big-ticket items, the prices of furniture, electronics, wine, jewelry, another “medium-ticket” goods are now frequently up for discussion. The ancient art of haggling—the back-and-forth dance of offers and concessions between buyer and seller—is making a comeback, and you would do well to brush up on your skills.

Negotiation Skills: How “Close Calls” Can Hurt You

Posted by & filed under Negotiation Skills.

In the early 1990s, NASA managers and engineers were warned by an expert in risk
analysis that the heat-resistant tiles that protected space shuttles during reentry into Earth’s
atmosphere could be damaged by debris from the insulating foam on the shuttle’s’ fuel tanks.

During missions over the next 10 years, debris did, indeed, hit tiles, but the damage was always minor and could be repaired between missions.

For Steve Ballmer, Negotiation Skills Go on the Back Burner

Posted by & filed under Negotiation Skills.

On May 30, the National Basketball Association (NBA) announced it had approved former Microsoft CEO Steve Ballmer’s record-breaking $2 billion offer to buy the Los Angeles Clippers from Shelly Sterling, wife of Clippers owner Donald Sterling. In April, the NBA banned Sterling from the league for life after racist remarks he made during a phone call were made public.
Negotiations to buy the Clippers were fast and furious. Aware that the NBA Board of Governors could have voted to terminate both of the Sterlings’ ownership interests at a meeting scheduled for June 3, Shelly Sterling was eager to sell the team before that date and reportedly was authorized by her estranged husband to negotiate on his behalf. As part of the sale agreement, Shelly Sterling and her family’s trust promised not to sue the NBA and to absolve the league of litigation filed by others, including her husband. Donald Sterling, meanwhile, filed a $1 billion lawsuit against the NBA the day his wife’s deal was announced.

Conflict Resolution and Negotiation Across Cultures

Posted by & filed under Conflict Resolution.

After recently losing an important deal in India, a business negotiator learned that her counterpart felt as if she had been rushing through the talks. The business negotiator thought she was being efficient with their time. How can she improve her cross-cultural negotiation skills?

Research shows that dealmaking across cultures tends to lead to worse outcomes as compared with negotiations conducted within the same culture. This is primarily because cultures are characterized by different behaviors, communication styles, and norms. As a result, when negotiating across cultures, we bring different perspectives to the bargaining table, which in turn may result in potential misunderstandings and a lower likelihood of exploring and discovering integrative, or value-creating, solutions.

With No Good BATNA, Police Negotiators Accept Texts

Posted by & filed under BATNA.

In their training, police and professional hostage negotiators are taught skills that will help them defuse tense situations over the course of long phone calls, such as engaging in active listening, determining the person’s emotions from his or her inflection, and trust building.
These crisis negotiators are being put to the test by young criminal suspects and others in crisis, whose first instinct increasingly seems to be texting rather than talking, according to an Associated Press article.

Red Bank, Tennessee, police chief Tim Christol tells the Associated Press that the usual negotiation skills he teaches don’t translate to texting, such as emotional labeling in the form of a statement such as “You sound angry.” Without verbal cues, Christol says, it becomes much more difficult to understand the emotional state of the person in crisis, and misunderstandings are common. “Words are only 7 percent of communication,” he says.

Managers – Think Twice Before Setting Negotiation Goals

Posted by & filed under Business Negotiations.

To encourage the negotiators they supervise to do their best, managers routinely rely on performance benchmarks, the promise of bonuses, and other types of goals. But before you engage in further goal setting, consider the following real-life disasters: Under the leadership of turnaround expert Q.T. Wiles, quarterly earnings goals became a company wide obsession at disk drive manufacturer MiniScribe in the 1980s.

In just one example of the unethical behavior inspired by the race for higher earnings, employees shipped bricks disguised as hard drives. Rampant fraud was revealed, and MiniScribe went bankrupt. In the early 1990s, Sears, Roebuck and Co. gave its auto repair staff the goal of achieving$147 per hour in sales. To reach this challenging goal, staff overcharged for work and made unnecessary repairs. The scandal broke, and Sears’s reputation suffered for years. In the years leading up to its collapse, energy-trading company Enron promised its salespeople large bonuses for meeting challenging revenue goals.

Low-Drama Negotiation Skills at the “Late Show”

Posted by & filed under Negotiation Skills.

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

Letterman debuted his show Late Night in 1982 and then switched to CBS in 1992 following a contentious battle with Jay Leno for Johnny Carson’s chair at the Tonight Show. Letterman’s voluntary decision to retire comes on the heels of Leno’s forced retirement from NBC, which replaced him with Jimmy Kimmel while his ratings were still healthy.

Negotiation Skills: Are You Really Ready to Negotiate?

Posted by & filed under Negotiation Skills.

You set up the contract renegotiation with a key client months ago. You had every intention of gathering a range of information to establish realistic goals and assess the client’s needs, but short-term projects got in the way. Suddenly it’s the day before the first meeting. Aside from making a few phone calls and calculations, you’ll have to wing it—but that’s OK. You’ve always worked well under pressure. Right?

We all know we’re supposed to prepare to negotiate, yet we often fail to follow through on these best intentions. That’s a problem because research overwhelmingly shows that underprepared negotiators make unnecessary concessions, overlook sources of value, and walk away from beneficial agreements.

Issues of Gender in Salary Negotiations: The Negotiation Skills Women Need to Succeed at the Bargaining Table and Beyond

Posted by & filed under Women and Negotiation.

Most negotiators will never engage in the kinds of high-stakes bargaining we read about in publications such as The Wall Street Journal and The Financial Times, but almost every negotiator will encounter the dreaded salary negotiation during the course of her career, a scenario that is, in many ways, the definition of a “difficult conversation.”

We stress preparation for negotiations in our literature and in our Negotiation and Leadership executive education course but both research and experience recognize that even the most prepared and adept negotiator can have her planning and negotiation preparation scuttled by unforeseen circumstances and invisible barriers.

That is why women often encounter difficulty during salary negotiations, according to a recent article by Tara Siegel Bernard for the New York Times. Self-advocating for a pay raise in the workplace often places women in the unenviable role of attempting, “…to juggle when they are on a tight rope.”

Women and Negotiation: Habits of Successful Female Leaders

Posted by & filed under Women and Negotiation.

On April 9, the Paycheck Fairness Act, legislation intended to close the pay gap between men and women, was defeated in the Senate due to a lack of Republican support. The bill would have made it illegal for employers to penalize employees for discussing their salaries and would have required the Equal Employment Opportunity Commission to collect pay information from employers.

Pay inequities and a lack of women in upper management remain enduring problems in the workplace. Absent government initiatives to mandate solutions, how can women themselves better advocate for higher pay, promotions, and plum assignments? Negotiation researchers advise women to avoid a backlash against asking for more by connecting their interests to those of the organization.

Dealmaking Negotiations: Reading Additional Terms Into the Deal

Posted by & filed under Dealmaking.

In a related maneuver aimed at protecting the weaker party to the deal, courts might infer additional terms within the contract or expand common-law notions of fiduciary duty.

Consider the famous case of the Page brothers – let’s call them “Big Page” and “Little Page” for simplicity – who started a linen supply company in Santa Maria, California, in the late 1940s.

Big Page was the brains of the operations; Little Page supplied equal capital but deferred to his older brother’s expertise.

Business was slow for several years, and the partnership lost money.

The Limits of Emotional Intelligence as a Negotiation Skill

Posted by & filed under Negotiation Skills.

The concept of emotional intelligence burst into the cultural imagination in 1995 with the publication of psychologist Daniel Goleman’s bestselling book of the same name. Experts have predicted that scoring high on this personality trait would boost one’s bargaining outcomes. After all, the qualities that characterize emotional intelligence—awareness of our emotions and how they affect others, the ability to regulate our moods and behavior, empathy, the motivation to meet meaningful personal goals, and strong social skills—seem as if they’d help us get what we want from others and find common ground.

Should emotional intelligence be included among the most essential negotiation skills? In a new study, researchers Kihwan Kim (Buena Vista University), Nicole L. A. Cundiff (the University of Alaska, Fairbanks), and Suk Bong Choi (the University of Ulsan, South Korea) sought to determine whether emotional intelligence correlates with beneficial negotiation outcomes, namely trust building, the desire to work together in the future, and joint gain.

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

Posted by & filed under Negotiation Skills.

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

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

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

With “Surrender,” John Boehner Shows Keen Negotiation Skills

Posted by & filed under Negotiation Skills.

On February 11, House of Representatives Speaker John A. Boehner reportedly rendered his Republican colleagues speechless. At a meeting of the Republican Capitol Hill Club, Boehner announced that he would bring to a vote a measure to raise the U.S. government’s borrowing limit without preconditions until March 2015, as reported in the New York Times.

The move was widely viewed as a surrender and a violation of the speaker’s own “Boehner Rule,” which requires that any increase in the debt ceiling be matched by equal spending cuts or changes to the budget. By holding the vote, Boehner ended a series of budget showdowns held over the past three years, each of which shook global confidence in the U.S. economy.

Negotiation Training: Negotiating in Three Dimensions

Posted by & filed under Negotiation Training.

No matter how many right moves you make at the table – however skillfully you read body language, frame arguments, make offers and counteroffers – doing so at the wrong table can undercut your results.

Not only should you negotiate right, you should do the right negotiation. Sometimes this means looking with new eyes for a more promising table.

For example, the owners of a niche packaging company that boasted an innovative technology and a novel product were deep in price negotiations to sell the company to one of three potential industry buyers, all larger packaging operations. The owners’ first instinct had been to persuade their bankers of the need for a higher valuation, refine their at-the-table negotiating tactics for dealing with each major player, and try to spark a bidding war.

South Korea Shows Off Savvy Negotiation Skills

Posted by & filed under Business Negotiations.

In negotiation, a combination of several negotiation skills and tactics may be needed to break past a difficult impasse. A recent protracted negotiation between North Korea and South Korea provides a case study.

In April, North Korea abruptly removed its workforce from the Kaesong Industrial Complex, a joint venture it launched within its borders nine years ago with South Korea. The complex shut down, and the two nations engaged in seven rounds of negotiations over the course of 133 days to try to reach agreement to reopen it.

Putting Negotiation Training to Work: The Limits of Lectures

Posted by & filed under Negotiation Training.

Lectures, like publications such as this one, are an excellent means of transmitting knowledge from an expert to a less knowledgeable audience.

I have attended many amazing lectures on a multitude of topics and have learned fascinating information about the ecosystem, politics in different nations, animal species, and so on. I even have enjoyed hearing negotiation experts talk about the keys to their success. However, I am not at all confident that any particular lecture has improved my negotiation skills.

In his article, “Full Engagement: Learning the Most from Negotiation Simulations,” Lawrence Susskind discussed the value of learning negotiation skills by participating in simulations. To explain why simulations are so effective, Susskind overview psychologist Kurt Lewin’s model of change.

Mind Mapping: A New Negotiation Skill?

Posted by & filed under Negotiation Skills.

To your negotiation toolkit, consider adding a new skill: mind mapping.

In a recent article in the Wall Street Journal, Zack Anchors describes how financial advisor Rob O’Dell of Wheaton Wealth Partners of Wheaton, Illinois used the unconventional technique in an attempt to help a client negotiate the sale of his shares of the family business to his younger brother, who hoped to pass the business on to his children.

Nantucket’s Never-Ending Negotiations: Harvard Negotiation and Mediation Clinical Program (HNMCP) Students Shape How Town and Unions Work Together

Posted by & filed under Negotiation Skills.

Preparation. Practice. Persistence. Those qualities make for a good firefighter, and as Nantucket Firefighter Nate Barber learned from working with Harvard Negotiation and Mediation Clinical Program (HNMCP) students, they also make for a good negotiator.

As a member of Nantucket’s Local 2509 of the International Association of Firefighters and a former undergraduate negotiation student at Boston University, Mr. Barber knew relations between the Town of Nantucket’s management and his union could be better. Since the firefighters’ contracts only lasted two or three years and the negotiation process itself often took that long, the union and the management sat down for contract negotiations every year. And every year, the negotiations spilled over into the next year or, if it was the final year of the contract, went to arbitration. This impacted everyone: arbitration provoked more fighting, poorer relations, and less of what everyone wanted. They hadn’t had a mutual agreement for six years. As one of the interested parties, though, Mr. Barber knew he was not the person to fix a broken bargaining system.

Tips for Navigating Negotiations in China

Posted by & filed under International Negotiation.

With its booming economy and growing international consumer influence, negotiation skills appropriate for China is in high-demand. Here are a few tips to help you successfully navigate your next round of negotiations in China.

To Improve Your Negotiation Skills, Learn from a Pro

Posted by & filed under Negotiation Skills.

On February 16, in the midst of the National Basketball Association’s (NBA) All-Star weekend, members of the National Basketball Players Association (NBPA) unanimously voted to oust Billy Hunter as the union’s executive director.

“This is our union and we have taken it back,” National Basketball Players Association president Derek Fisher said, as reported by ESPN.com. Fisher said the union had been “divided, misled, [and] misinformed,” by its leader. Hunter hinted in a statement that he might contest his firing in court.

Improving Negotiation Skills Training

Posted by & filed under Negotiation Skills.

How would you characterize your negotiating style: Are you collaborative, competitive, or compromising? If you have trouble answering that question, you’re probably not alone. That’s because skilled negotiators typically take on all these styles during a negotiation: they listen closely and collaborate to create value, they compete for the biggest slice of the pie, and they make compromises when necessary.

In New York, Fast-Food Workers Test Their Negotiation Skills

Posted by & filed under Dispute Resolution.

On November 28, dozens of employees at several fast-food restaurants in New York City walked off their jobs and demanded better pay and unionization. In doing so, they launched what is believed to be the largest coordinated campaign in the United States to unionize fast-food workers from different restaurants, reports Steven Greenhouse in the New York Times.

Training for Non-Face-to-Face Negotiations

Posted by & filed under Negotiation Skills.

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

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

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

Conflict Off the Rink: The NHL Negotiations

Posted by & filed under Conflict Management.

Negotiations for a new collective bargaining agreement (CBA) between the National Hockey League Player’s Association (NHLPA) and the NHL’s team owners took a tumultuous turn in mid-August, a month before the current agreement’s looming expiration date of September 15.

Negotiating for Continuous Improvement: Use a Negotiation Preparation Worksheet

Posted by & filed under Negotiation Training.

Negotiation preparation is as much an organizational task as an individual one. For example, when determining their best alternative to a negotiated agreement or BATNA (the point at which the negotiators ought to walk away from the table), executives should check in with key organizational leaders. If senior managers are unwilling to invest time in such a conversation – or if they offer less-than-helpful advice such as, “Whatever you do, don’t lose that account!” – an executive can’t be held responsible for poor negotiation preparation.

Negotiating for Continuous Improvement: Offer Ongoing Negotiation Coaching

Posted by & filed under Negotiation Skills.

How can organizations capitalize on negotiation experience? Through reflective practice: the process of considering the results of each negotiation in light of initial expectations and then discussing what ought to be tried next. While each negotiator must take initiative for reflective practice, to truly learn from experience, most need continual coaching from mentors.

Negotiation, Envy, and Lies in Conflict Management

Posted by & filed under Conflict Management.

In previous posts, the widespread belief that some people are honest negotiators and others are not has been shown to be inapplicable to real-world negotiations. Rather, because people respond strongly to their environment, ethical standards often vary depending on the context.

The Darker Side of Perspective Taking

Posted by & filed under Conflict Resolution.

Many negotiation experts recommend that you try to take the other party’s perspective, particularly when attempting to resolve disputes.

Recent research by Nicholas Epley of the University of Chicago and Eugene Caruso and Max Bazerman of Harvard University suggests a dark side to this generally sound negotiation advice. The researchers ran a series of experiments in which they asked participants to determine the fair division of a scarce resource. Half of the subjects (the “self-focused condition”) were asked how much would be fair for them to take. The other subjects (the “other-focused” condition) were asked to think about what would be fair for others to take and then write down how much would be fair for each party (not just themselves) to take.

Knowledge of Biases as an Influencing Tool

Posted by & filed under Negotiation Skills.

Past Negotiation articles have highlighted many of the cognitive biases likely to confront negotiators. Work by researchers Russell B. Korobkin of UCLA and Chris P. Guthrie of Vanderbilt University suggests how to turn knowledge of four specific biases into tools of persuasion.

Negotiating with Chameleons

Posted by & filed under Business Negotiations.

Like in the title character in Woody Allen’s movie Zelig, some people can smoothly adopt the manner and attitudes of those around them. Due to the lengths such chameleons go to alter their behavior, contemporary psychologists have dubbed them “high self-monitors.”

Do Attitudes Influence Results?

Posted by & filed under Conflict Management.

Many people consider negotiations to be stressful and threatening. Others view them as challenges to be overcome. Do these different attitudes influence the outcomes that people reach? New research by professors Kathleen M. O’Connor of Cornell University and Josh A. Arnold of California State University sheds light on this important question.

Great Negotiator Award 2012

Posted by & filed under Negotiation Skills.

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

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

Closing the Deal is Only the Beginning of the Endgame

Posted by & filed under Negotiation Skills.

Often it is the relatively small details of an agreement that can cause the most consternation in negotiation. When viewed in light of the big picture, these details can be of minor importance, but while in the heat of the action they can become points of contention capable of derailing the process altogether, especially if these points are left unresolved and the two parties have to come back to the negotiating table again in the future. Tufts University Fletcher School of Diplomacy professor and Program on Negotiation faculty member Jeswald Salacuse recently described four such scenarios in his article “The Endgame” for the Winter 2012 edition of Tufts Magazine.
Professor Salacuse emphasizes that having good negotiation skills while in the midst of battle is important, but of equal importance is the ability to execute a good endgame. Professor Salacuse offers four methods to close the deal:
Set a deadline.
Not all issues have to be decided immediately.
Invite an influential third-party.
Solicit the opinions of an expert.

To Improve Your Negotiation Skills, Choose the Right Partner

Posted by & filed under Negotiation Skills.

Tensions between the Humane Society of the United States and United Egg Producers have existed for more than a decade. When the two sides are asked why they don’t come together to negotiate their differences, each answers that the other is someone with whom negotiation is difficult if not impossible. Often it is those parties with whom we dread having a negotiation to reconcile differences are the ones we need to focus on the most in order to achieve our goals. How do you negotiate with someone whose interests seem so contrary to your own? Sometimes, even in the most difficult negotiations, a win-win outcome is possible. How can forming a novel alliance help your organization in its next negotiation with an intolerable counterpart?

Negotiation skills can help when trying to mend a friendship

Posted by & filed under Dispute Resolution.

Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. In a recent Wall Street Journal article, Daniel Shapiro, Associate Director of the Harvard Negotiation Project and a faculty affiliate with the Program on Negotiation, offers some suggestions on how negotiation skills can be used to repair friendships that are strained or broken. To start, suggests Shapiro, don’t assume that the other party is going to be ready right away to return to a close relationship. By listening closely to the concerns and feelings expressed by a friend, and understanding their perspective, one can begin to rebuild trust, a key component in any relationship.

How to Lighten Your Burdens

Posted by & filed under Business Negotiations.

For decades, General Electric (GE) and the Environmental Protection Agency sparred over who would pay for the removal of PCBs, or polychlorinated biphenyls, that GE had discharged into New York’s Hudson River, a cleanup project expected to cost hundreds of millions of dollars. In October 2005, the two sides came to an agreement.

To Avoid Disaster, Plan Ahead

Posted by & filed under Business Negotiations.

In the midst of the recent financial crisis, accusations of greed on Wall Street have sounded across the globe. Greed may be a significant factor in the collapse of credit markets, but it’s not the only one. Overlooked in cries to punish the “bad apples” is the role of a mistake that virtually all negotiators make: ignoring how our short-term decisions will affect us and others in the future.

Why Repressing Emotions is Bad for Business

Posted by & filed under Business Negotiations.

This month’s Harvard Business Review features an article by Daniel Shapiro, an Associate at the Harvard Negotiation Project. Shapiro’s article focuses on repressing emotions and its negative effect on businesses.

Capitalize on the Similarity Effect

Posted by & filed under Business Negotiations.

The evidence from social science is clear: people’s behavior is powerfully influenced by the actions of those who are like them. A classic study by Harvey Hornstein, Elisha Fisch, and Michael Holmes found that New York City residents were highly likely to return a lost wallet after learning that a “similar other”—another New Yorker—had first tried to do so. But evidence that a dissimilar other—a foreigner—had tried to return the wallet did not increase the likelihood that they would try. When people are trying to determine how to act, they pay attention to how others like them behave in the same situation.

When Their Agent is the Problem

Posted by & filed under Business Negotiations.

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

Business Negotiation Skills: Negotiate Before the Damage is Done

Posted by & filed under Business Negotiations.

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

Become a Better Haggler

Posted by & filed under Business Negotiations.

Imagine you’re celebrating a special occasion with friends at an upscale restaurant. Soon after you take your seats, the wine director introduces himself and hands you a list of high-end bottles of wine. You notice that the prices—all in the $200–$600 range—have been slashed through with a red pen.

How to Avoid the “Winner’s Curse”

Posted by & filed under Business Negotiations.

Imagine that at the beginning of class, a professor produces a jar full of coins and announces that he is auctioning it off. Students can write down a bid, he explains, and the highest bidder wins the contents of the jar in exchange for his or her bid.

The Value of Making Several Offers in Business Negotiations

Posted by & filed under Business Negotiations, Daily.

What’s the right number of options to put forward in financial negotiations? In their April 2005 article in the Negotiation newsletter, “Putting More on the Table: How Making Multiple Offers Can Increase the Final Value of the Deal,” Northwestern professors Victoria Husted Medvec and Adam D. Galinsky write that issuing three equivalent offers simultaneously can be a good strategy in financial negotiations.

Concealed information in Business Negotiations

Posted by & filed under Business Negotiations, Daily.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. The following role simulation explores client/attorney relationships and the complexity of information exchange.