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.

negotiations

Negotiations are a process through which individuals or groups can resolve disputes, settle business transactions, or construct working agreements. The process of negotiation involves creating and claiming value at the bargaining table and can be classified as either distributive or integrative in nature. An example of a distributive negotiation would be haggling over the value of a used car while an integrative negotiation would be two rival companies discussing how they can share research and developments costs in future product development. Distributive negotiations involve the “distribution” of value already present while integrative negotiations seek to create value during the process of negotiation or, in other words, add to the pie of assets over which negotiations are taking place.

The following items are tagged negotiations

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Announcing the 2015 PON Summer Fellows

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

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

Courses and Training

Advanced Negotiation Master Class

Posted by & filed under Advanced Negotiation Master Class.

Once you’ve taken part in this highly personalized, in-depth negotiation training from the world’s most distinguished negotiators – the people who invented modern dealmaking – you’ll emerge from this course more confident in your negotiation and business skills than you ever thought possible. Imagine what it will be like to outclass every other negotiator sitting … Read More 

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The Mercury Negotiation Simulation

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Leah C. Stokes, Lawrence Susskind, and Noelle E. Selin This mercury game is a role-play simulation aimed at scientists, students and decision makers. Playing the game will help participants explore the consequences of representing scientific uncertainty in various ways in a policy context. … Read More 

Free Report

Spring 2015 Seminar Program Guide

Posted by & filed under Free Report.

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It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. … Read More 

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Courses and Training

Thanks for the Feedback: The Science and Art of Receiving Feedback Well- NEW!

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

For organizations, feedback is at the heart of good leadership, effective teamwork, efficient problem solving, developing talent, and the ability to understand and serve the needs of clients and customers. And yet, few organizations or leaders feel they have it “right.” Honest feedback, more often than not, isn’t given or is resisted. Senior leaders get less … Read More 

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Dioxin – Waste to Energy Game

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

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Courses and Training

Leveraging the Power of Emotions As You Negotiate

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

We all experience emotionally challenging conflicts and negotiations. Whether you are negotiating with your board or with your family, over internal resources or with external partners, as the buyer or as the seller, emotions can turn an otherwise productive negotiation into an unprofitable disaster.It does not have to be that way. In this interactive workshop, … Read More 

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Caitlin’s Challenge

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Deborah M. Kolb, with the Simmons College Graduate School of Management, and the Program on Negotiation at Harvard Law School “Caitlin’s Challenge” is a short case recounting Caitlin Elliot’s history at a company called Microenterprises Incorporated and her negotiation with its CEO, George Baker, about a promotion and a bonus. The case is good for … Read More 

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Courses and Training

Practical Lessons from the Great Negotiators

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

How did Bruce Wasserstein, former Chairman and CEO of Lazard and one of the most successful dealmakers of all time, negotiate more than a thousand transactions worth hundreds of billions of dollars? How did artists Christo and Jean-Claude overcome the objections of four mayors, as well as numerous boards and New York City residents, to pull … Read More 

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Power Of Noticing (The)

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Max Bazerman A guide to making better decisions, noticing important information in the world around you, and improving leadership skills. … Read More 

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Courses and Training

Getting to YES with Yourself – NEW!

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

How can you say “No” to customers – external or internal – who are pressing you to do something not in your organization’s interest? How can you say “No” to an overly demanding employee or a demanding boss without hurting a valuable relationship? How can you save the deal and the relationship and … 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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Courses and Training

Negotiation Workshop: Improving Your Negotiating Effectiveness

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

Too many negotiators leave value on the table. They painfully divide a small pie after a costly battle while failing to capture offsetting opportunities for joint gain, or win the battle, but at the cost to relationships and reputation that limit long-term value. Reliably negotiating optimal outcomes requires a keen appreciation of the negotiation process, … Read More 

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Negotiating with the Ministry of Health

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

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Courses and Training

Mediating Disputes

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

Mediating Disputes is currently full and registration has closed.  To be added to the waitlist for this section, please click here and follow the instructions. 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 … Read More 

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Negotiating with Another Federal Agency

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

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Integrative Negotiation Examples: The Benefits of Coalitions in Bargaining

Posted by & filed under Negotiation Skills.

Here is one of our best integrative negotiation examples drawn from the negotiation research presented in Negotiation Briefings: In 2006, representatives of wind-energy developers started knocking on the doors of Wyoming ranchers. They were seeking to persuade the ranchers to sell the rights to build wind turbines on their land, reporter Addie Goss recounted on … Read More 

Courses and Training

The Harvard Negotiation Intensive: A Two-Day Workshop

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

This course is now closed. To be added to the course wait list, please click here and follow the instructions. 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 … Read More 

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Browning Brothers Search

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Jeswald W. Salacuse Five- to six-person negotiation between search committee members asked to reach consensus on characteristics needed for a new leader to right a financial company in crisis … Read More 

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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 … 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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BATNA Negotiations: Power in Negotiations

Posted by & filed under BATNA.

Sources of power at the negotiation table involve information and in BATNA negotiations, knowledge of that alternative to a negotiated agreement is a source of power during negotiation scenarios … Read More 

Courses and Training

Advanced Negotiation Workshop: Making Difficult Conversations More 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 … Read More 

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Win As Much WATER As You Can!

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Catherine Ashcraft Four-person, scoreable, prisoner’s dilemma game where players decide how to handle low water levels in 10 quick rounds; an adaptation of the case “Win As Much As You Can.” … Read More 

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Courses and Training

Secrets of Successful Dealmaking

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

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

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Civic FusionMediating Polarized Public Disputes

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

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Courses and Training

New! Advanced Mediation Workshop: Mediating Complex Disputes

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

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

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Papers on International Environmental Negotiation, Volume 18: The Next Generation of Environmental Agreements (2011)

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Papers on International Environmental Negotiation, Volume 18: The Next Generation of Environmental Agreements (2011)

“Introduction,” by Lawrence Susskind “Expanding the Role and Function of Science Advisory Panels: A New Way to Bridge Science and Policy in Environmental Treaty Regimes,” by Mona Funiciello “Toward an International Geoengineering Agreement: The Promises (and Pitfalls) of Negotiating a Convention on Global Climate Interventions,” … 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.

Please note: Our May 18-20, 2015 session of Negotiation and Leadership is currently SOLD OUT. Our one day session, “Thanks for the Feedback,” is still open for registration at this time. To be added to our May course waitlist, please email negotiation@law.harvard.edu or call 1-800-391-8629. It’s often said that great leaders are great negotiators. But how … Read More 

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Papers on International Environmental Negotiation, Volume 17: On the Road to Copenhagen (2009)

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Papers on International Environmental Negotiation, Volume 17: On the Road to Copenhagen (2009)

“Introduction,” by Lawrence Susskind “Looking Beyond Kyoto: A Vision for 2050 – And How to Get There,” by Justin Ginnetti “A Framework Proposal for a post-2012 Copenhagen Protocol – How to Reach 80% Reductions by 2062,” by Ines Kapphan

“Post-Kyoto Climate Change Negotiations: The View from the Coalition … 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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Papers on International Environmental Negotiation, Volume 04 (1994)

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Papers on International Environmental Negotiation, Volume 4 (1994) This volume is currently out of print.

“Getting Industry to Work for Environmental Treaty Making,” by Brent E. Omdahl

“Linking Human Rights and Environmental Quality,” by Kristi N. Rea

“Linking Trade and the Environment In a Post-Uruguay World,” by Katherine M. Howard

“Mass Media and the Environment: A Content Analysis,” by Paul A. Barresi

“Multinational Corporations: A … Read More 

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Characteristics of Negotiation Styles: Negotiation Skills for Win-Win Negotiations

Posted by & filed under Negotiation Skills.

A few characteristics of negotiation styles include hard bargaining tactics focused on claiming as much value as possible and integrative negotiation strategies such as value creation or win-win negotiation scenarios. What negotiation styles leads to optimal negotiated agreements and are suitable to win-win negotiations? One skill to cultivate that will have a positive impact on … Read More 

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Papers on International Environmental Negotiation, Volume 10: Reforming the International Environmental Treaty-Making System (2001)

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Papers on International Environmental Negotiation, Volume 10: Reforming the International Environmental Treaty-Making System (2001)

“A Declaration on Transnational Relief and a Code of Conduct in Cases of Environmental Emergency: A New Proposal,” by Naoki Maegawa

“A Proposed International Framework Convention on Bioinvasive Species,” by Wendy Jastremski

“Addressing North-South Power Asymmetry in International Environmental Negotiations,” by Robert Blair

“Capacity-Building Strategies in Support of … Read More 

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Papers on International Environmental Negotiation, Volume 14 (2005)

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Papers on International Environmental Negotiation, Volume 14 (2005) This volume is available in print. Click here to order.

“Introduction,” by Lawrence E. Susskind and William R. Moomaw

“A ‘Zero Environmental Impact’ Treaty: A Full Environmental Compensation Mechanism for International Projects,” by Rodolfo Lacy

“A Sustainable Agriculture Amendment: Incorporating Sustainable Agriculture into International Environmental Negotiations,” by Hilde Petersen

“An Ecosystem Program … Read More 

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Papers on International Environmental Negotiation, Volume 15: Ensuring a Sustainable Future (2006)

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Papers on International Environmental Negotiation, Volume 15: Ensuring a Sustainable Future (2006)  

“Introduction,” by Lawrence E. Susskind and William R. Moomaw “ASEAN Energy Cooperation: An Opportunity for Regional Sustainable Energy Development,” by Phinyada Atchatavivan

“Engaging Non-Governmental Organizations with International Environmental Negotiations: Institutional Approaches to Reforming State-NGO Interactions,” by Beaudry E. Kock

“Gender and International Environmental Negotiations – How Far … Read More 

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Ancient Greece and the Peloponnesian War

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Note: Purchase of the teacher’s manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Ancient Greece and the Peloponnesian War … 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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How to Overcome Cultural Barriers in Communication – Apple’s Apology in China

Posted by & filed under Dispute Resolution.

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

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Papers on International Environmental Negotiation, Volume 07 Global Environment: Negotiating Its Future

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The seventh in the International Environmental Paper Series is divided into three sections. The first proposes global agreements which can be reached in the areas of nitrogen emissions, “common heritage” resources, and the development of renewable energy technologies. The second section proposes two separate environmental management plans that share in common some important principles: the emphasis … Read More 

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

Posted by & filed under Negotiation Skills.

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

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ENCO

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Jeswald W. Salacuse, Arun Venkataraman, and Fritz von Carp … Read More 

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Negotiation Examples and Negotiation Techniques: Six Strategies for Building Trust in Negotiations

Posted by & filed under Negotiation Skills.

To maximize the joint gain created by a deal, both sides need to take risks which requires building trust in negotiations. Here’s how negotiators can establish the necessary trust. What began as a misunderstanding about specifications and deadlines between a manager at RLX, a software development firm, and a manager at Impress, one of its clients, had … Read More 

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MESO, Negotiation, and Dealing with Difficult People: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking

Posted by & filed under Conflict Resolution.

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

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

Posted by & filed under Dispute Resolution.

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

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

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

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Women Negotiate

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Deborah M. Kolb, with the Simmons College Graduate School of Management, and the Program on Negotiation at Harvard Law School An exploration of the issue of gender in negotiations, featuring interviews with three professional women negotiators … Read More 

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Rebuilding the World Trade Center Site

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

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Negotiation Pedagogy Video Series, Part II

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Lawrence Susskind and Melissa Manwaring An unscripted video showing an experienced negotiation professor teaching an executive education session through the running and debriefing of the Teflex Products role simulation, interspersed with instructor commentary … 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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Negotiation of a Commercial Lease

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

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Oil Pricing Exercise

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Roger Fisher Two-team, scoreable, multiple round, “prisoner’s dilemma”-style negotiation between representatives of two countries over the monthly price for barrels of oil. … Read More 

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Lawyers & Clients The Initial Interview

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

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HackerStar Negotiation, The

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

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Negotiation Techniques and Negotiation Tips: Diagnose Your Negotiating Style

Posted by & filed under Dispute Resolution.

Negotiators tend to fall into very specific negotiation styles or employ similar sets of negotiation techniques. Negotiation research has identified four such negotiation styles: individualists, cooperators, competitives, and altruists. Learn how each negotiation style impacts the negotiation process at the bargaining table and how to adjust your negotiation strategies accordingly. … Read More 

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Great Negotiator 2004: Ambassador Richard Holbrooke

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

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Leadership Qualities for a Negotiation in Crisis

Posted by & filed under Leadership Skills.

The prospect of a Greek default on its euro-denominated debt has negotiators in Europe scrambling to come up with yet another negotiated agreement to stave off bankruptcy and financial chaos. What negotiation strategies and leadership qualities have the euro-zone leaders shown during the Greek financial crisis? … Read More 

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Great Negotiator 2003: Stuart Eizenstat

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Program on Negotiation DVD featuring excerpts from a discussion with Stuart Eizenstat regarding his efforts negotiating reparations for victims of Nazi Germany … Read More 

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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 … Read More 

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Team Talk The Power of Language in Team Dynamics

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Both negotiators in organizations and students of organizational theory will be interested in this book. In this study, the author makes use of sociolinguistics to analyze team conversations and their organizational context to explain why cross-functional teamwork poses so many challenges. Drawing on interviews and observations of teams in Fortune 200 companies, the author compares … 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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International Negotiation: Systems Thinking and Peace Building

Posted by & filed under Conflict Resolution.

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

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Negotiation Strategies and Salary Negotiations

Posted by & filed under Business Negotiations.

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

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Negotiations and Change From the Workplace to Society

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

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Business Negotiations and Problems in Dealmaking: Preparing for Sustained Negotiation Success

Posted by & filed under Business Negotiations.

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

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Negotiation Genius

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Deepak Malhotra & Max Bazerman Clear and methodical advice for preparing for and executing any negotiation, drawing on decades of behavioral research and the experience of thousands of business clients – Co-winner of the 2008 CPR Award for Excellence in ADR (Outstanding Book Category) … 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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Negotiating on Behalf of Others Advice to Lawyers, Business Executives, Sports Agents, Diplomats, Politicians, and Everyone Else

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Most negotiation theory assumes direct interaction between two principals. Negotiating on Behalf of Others challenges this view and suggests that because most people negotiate on behalf of others, a radical shift is required in the way we think about (and conduct) negotiations. It offers a framework for understanding the complexity and effects of negotiating on … Read More 

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New Findings in the Field of Negotiation: Session Two

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Contract

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

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

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

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

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

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

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New Findings in the Field of Negotiation: Session One

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Explaining idea

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

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

Abbie Wazlawek PhD candidate in management at Columbia Business School and

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

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

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

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Multiparty NegotiationFour-Volume Set

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

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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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Negotiation Techniques from International Diplomacy: Lessons for Business Negotiators

Posted by & filed under Dealmaking.

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

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

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

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

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

Mr. Boshko Stankovski

Graduate Research Fellow, Program … Read More 

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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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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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Business Negotiation Techniques and Dealmaking – Bargaining with Agents

Posted by & filed under Negotiation Skills.

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

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Culture and Negotiation

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

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World Trade Center Redevelopment Negotiation

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

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Work Rules Strategy

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Kathleen Valley Two-team iterated scoreable prisoner’s dilemma exercise set in a labor/management context … Read More 

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Wintertime in Winterville

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Jonathan Raab, Sarah McKearnan, Jan Martinez, and Michele Ferenz Four-party negotiation among a federal building manager, the building contracting officer, a local employment agency, and a nonprofit organization regarding the renewal of a janitorial services contract in the context of past service problems … 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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Three-Party Coalition Exercise

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

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Telecom Services

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Beth Doherty under the supervision of Lawrence Susskind Two-party, two-issue, integrative, scoreable negotiation over the terms of a telecommunications services contract … Read More 

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Technology Equipment Partners

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Tracey Brenner, under the supervision of Lawrence Susskind Two-team, six-party, four-issue negotiation between representatives of two corporations setting up a simultaneous high-tech joint venture and purchasing agreement … 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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What Does Conflict Management Mean in Business Negotiations with Competitors?

Posted by & filed under Conflict Resolution.

They say it pays to keep your friends close and your enemies closer, but in business negotiation, keeping your enemies—or competitors—close could end you up in court, as Apple’s recent encounter with the U.S. Department of Justice suggests. The story begins back in 2007 when, unhappy with Amazon’s low, flat price of $9.99 for e-books, five … 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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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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Social Services

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Denise Madigan Three-party scoreable negotiation among three non-profit social service providers over whether to apply for funding in a consortium of two or three; variation of Three-Party Coalition Exercise … Read More 

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Negotiation Techniques and Body Language – Body Language Negotiation Examples in Real Life

Posted by & filed under Negotiation Skills.

But what, exactly, do negotiators learn from nonverbal behavior? Dowe read each other’s gestures and expressions accurately or not? Can we increase our negotiation success by deliberately modifying our own nonverbal behavior? Here we analyze three scenarios to help you understand how nonverbal behavior may be affecting your negotiations. … Read More 

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Ship Bumping Case

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Andrew Clarkson Two-party international negotiation between Russian and U.S. negotiators over a naval incident; teams internally prepare instructions for a representative not involved in the preparation … 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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Salary Negotiation Skills Different for Men and Women

Posted by & filed under Business Negotiations.

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 … 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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BATNA Negotiation Allowed European Union to Handle Putin

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In negotiation, we are often confronted with the task of dealing with difficult people—those who seem to prefer to set up roadblocks rather than break down walls, or who choose to take hardline stances rather than seeking common ground. How can you deal with such difficult people? One tactic you might consider is avoiding the conversation altogether … 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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In Learning Negotiation Styles, Social Skills Should Come First

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 … 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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Is Your Negotiation Style Holding You Back?

Posted by & filed under Win-Win Negotiations.

All of us have a personal approach to negotiation. Here’s how to make the most of yours. Your boss has asked you and a colleague to collaborate on a marketing campaign for your small company. At your first meeting, you and Jeff, your colleague, present several proposals to each other. You believe Jeff’s plans aren’t … Read More 

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Pacrim Dispute

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Ericka Gray Three-party, multi-issue international trade negotiation among three culturally different countries over which of two countries will export rice to the third; inculdes coalition and ongoing relationship issues … 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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Israeli-Palestinian Process After the Israeli Election: Recalculating the Route

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

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The Program on Negotiationat Harvard Law School is pleased to present Israeli-Palestinian Process After the Israeli Election: Recalculating the Route with Attorney Gilead Sher Head of the Center for Applied Negotiations (CAN) Senior Research Fellow, Institute for National Security Studies at Tel Aviv University

Moderated by Professor Robert H. Mnookin Samuel Williston Professor of Law Chair, Program on Negotiation Harvard Law School   Monday, March 30 4:00 pm Austin West 111 Harvard Law … 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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A Paradigm Shift for Israeli – Palestinian Negotiations

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

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The Program on Negotiation at Harvard Law School is pleased to present A Paradigm Shift for Israeli – Palestinian Negotiations with

Dr. Mohammad Shtayyeh Minister, Palestinian Economic Council for Development and Reconstruction former Member, Palestinian Delegation to the final status talks with Israel   Moderated by Professor Robert H. Mnookin Samuel Williston Professor of Law Chair, Program on Negotiation Harvard Law School   Wednesday, March 25 4:00 pm – 5:30 … Read More 

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The Importance of Sincerity

Posted by & filed under Conflict Resolution.

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

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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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Identify Your Negotiation Style

Posted by & filed under Negotiation Skills.

Have you ever wondered if your negotiating style is too tough or too accommodating? Too cooperative or too selfish? You might strive for an ideal balance, but, chances are, your innate and learned tendencies will have a strong impact on how you negotiate. Wise negotiators seek to identify these tendencies and enhance them according to … Read More 

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Multisumma

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Patricia Moore and Hal Movius with Lawrence Susskind Six-party, four-issue negotiation among representatives of several international aircraft companies over the terms of a potential long-term partnership … Read More 

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Habits of Great Women Leaders

Posted by & filed under Leadership Skills.

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 … Read More 

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Mouse Exercise

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Geoffrey Fink and Maria Baute Stewart Seven-party, multi-issue negotiation among a theme-park developer, neighboring mayors, a regional organization, and a national government representative over the development of a proposed theme park; involves coalition-building and cultural issues … Read More 

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The Forces Behind Deception in Job Offer Negotiations

Posted by & filed under BATNA.

Despite your best intentions, one or more of these four forces might lead you to behave unethically during job offer negotiations: 1. The Lure of Temptation Whether or not negotiators lie depends in part on how lucrative the rewards are, Ann E. Tenbrunsel has found in her research. … Read More 

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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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Fostering Cultural Intelligence in International Negotiations

Posted by & filed under International Negotiation.

In a Harvard Business Review article, P. Christopher Earley and Elaine Mosakowski describe the value of improving your cultural intelligence, or the ability to make sense of unfamiliar contexts and adapt to them. Some people are naturally skilled at determining whether a person’s behavior is unique to him or determined by his culture. For others, … Read More 

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Meridia and Petrocentram

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Abram Chayes and Antonia Handler Chayes Two-party, four-issue negotiation between representatives of a Central American country and an international petroleum corporation over the terms of an offshore drilling project … Read More 

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Seeking a Win-Win Negotiation? Pass the Chips and Salsa

Posted by & filed under Win-Win Negotiations.

From movie moguls hammering out film deals in Los Angeles to publishers and agents assessing each other’s tastes in New York, the “power lunch” has become a familiar institution. Across the globe, negotiators often do business over shared meals, whether out of convenience or as part of a concerted effort to get to know one … Read More 

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MedLee

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Candace Lun and Jeswald W. Salacuse Two-party, four-issue negotiation between representatives of two companies with different national and corporate cultures regarding a possible joint venture … Read More 

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NBA Negotiation Case Illustrates the Power of Deadlines

Posted by & filed under Crisis Negotiations.

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

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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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MAPO – Administration Negotiation

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Mark Gordon, Elizabeth Gray, Tim Rieser, and Lynn Gerber Two-team, multi-issue collective bargaining negotiation between three police union representatives and three municipal representatives over police salaries, benefits, and working conditions … Read More 

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Are You Your Own Worst Enemy?

Posted by & filed under Teaching Negotiation.

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

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Law Library, The

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John Palenberg, Elizabeth Gray, Deborah Winter, and Wayne Davis Two-party negotiation between representatives of two law firms over the sale of a collection of law books … Read More 

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BATNA Negotiation Example: Making a Bad BATNA Even Worse

Posted by & filed under BATNA.

Here’s a sobering BATNA negotiation example. On Oct. 31, 2013, Time Warner Cable reported a huge quarterly loss of television subscribers, the largest in its history: 306,000 of its 11.7 million subscribers dropped the company, the New York Times reported. … Read More 

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Hitana Bay Development Simulation

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

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Harborco

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

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These Examples Illustrate the Importance of Negotiation in Business

Posted by & filed under Business Negotiations.

A number of noteworthy disputes among businesses, organizations, and individuals made headlines in 2013 and demonstrate the importance of negotiation in business. We point out the negotiation angles behind stories first reported by the New York Times, the Wall Street Journal, and other media outlets. Keep an eye out for common themes among these top … Read More 

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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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Hostage Negotiation Tips for Business Negotiators

Posted by & filed under Conflict Resolution.

Upset by a delay in the delivery of one of your products, a longtime buyer threatens to turn to the media unless you meet his extreme demands. Not only is the relationship in jeopardy, but your company’s reputation seems to be as well. What should you do? Turn to some tried and true hostage negotiation … Read More 

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Gadgets, Inc.

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

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An Alternative to Traditional Dispute Resolution Instruction

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

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

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Franklin Family Foundation and Westbrook Regional School District

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Catherine Preston and Lawrence Susskind Twelve-person, two-round negotiation between six foundation board members and six school board and community leaders over efforts to address racial disparities in academic performance; internal negotiations precede external … 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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Fie’s Agent

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Jeremy Bird under the supervision of Melissa Manwaring Two-party integrative e-mail negotiation between a soccer star and her long-term representative over the terms of a potential new agency contract … Read More 

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Understanding Exclusive Negotiation Periods

Posted by & filed under Dealmaking.

The clearest method for achieving exclusivity is an exclusive negotiating period, during which both sides agree not to talk to third parties, even if approached unexpectedly by others. In some arenas, these terms are called no-talk periods. … Read More 

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Federal Lands Management I

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

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Types of Power in Negotiation

Posted by & filed under Negotiation Skills.

Social psychologists have described types of power that exist in society, and these types of power emerge in negotiation as well. Two types of power spring from objective features of the bargaining process. … 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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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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A Cross Cultural Negotiation Example: How to Overcome Cultural Barriers

Posted by & filed under Conflict Resolution.

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

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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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Dispute Resolution and the Chicago Teachers Union Strike

Posted by & filed under Dispute Resolution.

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

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DirtyStuff I

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

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50th Anniversary of A Behavioral Theory of Labor Negotiations

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The Program on Negotiation at Harvard Law School invites you to join us for A 50th Anniversary Celebration of A Behavioral Theory of Labor Negotiations with Robert B. McKersie and Richard E. Walton  A live webcast of this event will be available for viewing at 

http://media.fas.harvard.edu/core/live/hls-live.html

Thursday, March 5, 2015 12:00 p.m. Registration opens 1:00  – 5:30 p.m. Program 5:30-6:30 p.m. Reception Wasserstein … 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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What Makes a Good Mediator?

Posted by & filed under Mediation.

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

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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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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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Win-Win Negotiations: Managing Your Counterpart’s Satisfaction

Posted by & filed under Win-Win Negotiations.

As the following points of win-win negotiating will demonstrate, ensuring that your counterpart is satisfied with a particular deal requires you to manage several aspects of the negotiation process, including his outcome expectations, his perceptions of your outcome, the comparisons he makes with others, and his overall negotiation experience itself. … 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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Police Negotiation Techniques and Negotiation Skills 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. But police negotiation techniques employed by the New York City Police Department’s Hostage Negotiations Team (HNT) in high-stakes, high-pressure crisis negotiation situations, outlined in a recent article from Jeff Thompson and … Read More 

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Collective Bargaining at Southern Express

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

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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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Dealmaking: 5 Tips for Closing the Deal

Posted by & filed under Dealmaking.

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

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Chemco, Inc.

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

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Changing Times for the Senior Center in Redwood Hills

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Connie Ozawa Multi-party, multi-issue facilitated negotiation for five or six players representing civic and business leaders and owner of a senior center regarding the expansion of other groups’ use of the center … 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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Negotiation and Leadership Skills: Jerry Brown Re-Frames a Deal at High Speed

Posted by & filed under Leadership Skills.

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

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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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Conflict Management: The Challenges of Negotiating Long-Term Concerns

Posted by & filed under Conflict Resolution.

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

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

Posted by & filed under Teaching Negotiation.

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

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Brachton Collective Bargaining Exercise

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

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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 … Read More 

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Boston Busing Role Play

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Melissa Manwaring, under the direction of David Fairman and Stacie Nicole Smith Six-party, multi-issue negotiation among governmental, organizational, and family stakeholders regarding the implementation of court-ordered racial integration measures in Boston public schools and possible improvements in education and community relations … Read More 

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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. … 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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Negotiation Simulations With Global Impact

Posted by & filed under Teaching Negotiation.

International law and diplomacy is a rapidly evolving field that depends on the brokering of agreements between nations and other stakeholders. Whether there are language barriers, cultural differences, or both, some of the most challenging negotiations involve parties from different nations. Because of the relative lack of clear legal precedents and the difficulties of enforcement, … Read More 

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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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Medical Negotiations: Dealing With Life, Death, and Consequences

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

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Athens-Melos Role Play

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Imam Soliman under the direction of David Fairman The Athens-Melos Role Play is a simulation from the Workable Peace Curriculum Series unit on Ancient Greece and the Peloponnesian War. … Read More 

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Arms Control on Cobia

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

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Dealing with Difficult People in Negotiation: A Nudge in the Right Direction

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Intrinsic motivations and decision making often go hand in hand – with an individual’s interests, background, and goals prompting her to choose from an array of options and that choice being implicitly impacted by a constellation of factors specific to her as individual. Knowing this, how do you motivate a negotiator to choose the “best” … Read More 

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Allies in Alexia

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The Consensus Building Institute Six-party nonscorable negotiation among nonprofit, business, and community representatives regarding the most appropriate methods for fund raising and distributions … Read More 

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Emotion and the Art of Business Negotiations

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The sale of Picasso’s works by his heirs is fraught with negative emotion. How do negative emotions impact negotiation and behavior at the bargaining table? This article offers negotiation skills insights into how to counter or prevent negative emotions in negotiation. … 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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VIDEO: William Ury on “Getting to Yes with Yourself”

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On January 22nd, 2015, the Program on Negotiation was pleased to welcome back William Ury to Harvard Law School. Ury, a founding member of the Program on Negotiation and co-author of the seminal book Getting to Yes, spoke about his latest book, Getting to Yes with Yourself (and Other Worthy Opponents). Over 250 community members, students, … Read More 

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Pepulator Pricing Exercise

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Mark Drooks and Mark Gordon Two-team, scoreable, multiple round, “prisoner’s dilemma”-style negotiation between representatives of two companies over the monthly price for fictional products called “pepulators” … Read More 

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Parking Facility Venture

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Michael Wheeler 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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Parker-Gibson

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Michael Wheeler 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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Dispute Resolution and Business Negotiations: Negotiating Under a Blue Moon

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Adapted from, “Negotiating Under a Blue Moon,” first published in the June 2009 issue of Negotiation. The following question was posed to our Negotiation Coach for June 2009, Gregory Barron, a professor at Harvard Business School. Question: I am planning to relocate my retail store to an ideal location in a small shopping mall. Aware that I’ve … 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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Jerry

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Ron Karp and Bruce Patton Two-party conversation between an employee and his supervisor regarding the employee’s recent poor job performance and potential termination … Read More 

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DirtyStuff II

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

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How Negotiation Exercises Can Prepare You For Cross-Cultural Negotiations

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

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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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Flagship Airways

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

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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 … Read More 

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Bamara Border Dispute

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

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In “Chinatown” Conflict Resolution, the Dust Clears

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

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Global Management of Organochlorines

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

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Deal Negotiation and Dealmaking: What to Do On Your Own

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

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67 Fish Pond Lane

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

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

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

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Negotiation Journal

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

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Negotiating Nuclear Non-Proliferation: Lessons from the Field

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The Program on Negotiation at Harvard Law School is pleased to present Negotiating Nuclear Non-Proliferation: Lessons from the Field with Laura Rockwood Senior Research Fellow Managing the Atom Project, Harvard Kennedy School

Friday, February 20, 2015 12:15 p.m. – 1:30 p.m.

Wasserstein Hall, Room 1015 Harvard Law School Campus  This event is free and open to the public. Please bring your own lunch; drinks and dessert … Read More 

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Star Wars Stories: George Lucas and a Strong BATNA, Passed Over

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In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. When you are aware that you have an appealing alternative deal to the one you’re working on, you will be less tempted to accept an agreement that doesn’t meet your minimum requirements. A strong BATNA gives you … Read More 

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Tough Negotiation Tips from Jennifer Aniston?

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Fans of the television show Friends got a treat last month when Netflix made all 236 episodes of the blockbuster hit available to stream online. At first glance actors Lisa Kudrow, Jennifer Aniston and the rest of the star-studded cast might not be your first pick to peg as formidable negotiators, but at the height … Read More 

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Crossed Wires? Negotiation Games To Help Your Business Deal Sidestep Legal, Technical And Emotional Glitches

Posted by & filed under Teaching Negotiation.

What’s faster than the pace of technological development? The pace of lawsuits being filed about the adoption of new technologies, patent infringement, and intellectual property rights. In our modern world, professionals must be able to resolve highly challenging technology-related disputes – often before they reach the courtroom. That’s where the Program on Negotiation’s Teaching … Read More 

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International Negotiations: The Surprising Benefits of Conflict in Negotiating Teams

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In December 2008, incoming U.S. president Barack Obama created a stir by appointing Senator Hillary Clinton, his bitter opponent for the Democratic nomination, to be his secretary of state. Could Obama expect loyalty from someone he had traded barbs with for months? Would the risky choice be vindicated, or would it backfire? Some compared Obama’s … Read More 

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Jennifer Lawrence and Jennifer Aniston: Asking for More in Business Negotiation

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“We’re very much a sexist society,” actress Jennifer Aniston said in a recent interview with the New York Times, addressing not just the constant questions she faces about marriage and children, but about recent revelations of pay discrimination in Hollywood. “Women are still not paid as much as men,” Aniston continued. “I’ve been up against that … Read More 

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In Dealmaking, Look for the Needle in the Haystack

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When you’re desperate to make a good deal, breakthroughs can come at unexpected times and places. Consider what happened when Assistant U.S. Attorney Richard Elias was looking through a sheaf of J.P. Morgan Chase & Co. documents while taking care of his newborn son in 2012. At the time, directed by President Barack Obama, the … Read More 

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Negotiation Skills: View Your Counterpart as an Agent

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

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The Moral Quandary: Negotiation Exercises Featuring Ethical Dilemmas

Posted by & filed under Teaching Negotiation.

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

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Negotiating between friends

Posted by & filed under Negotiation Skills.

Adapted from “Dealing with Friends,” first published in the Negotiation newsletter. We all know people who have “alligator arms.” When the restaurant check comes, they can’t manage to reach their wallets, or they quibble that they had the small tomato juice, and you had the large. With our close friends, of course, the opposite tends to occur, … Read More 

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Win Win Negotiations – The Hospices de Beaune Wine Auction: New World Tactics Meet Old World Tradition

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Adapted from “The Hospices de Beaune Wine Auction – New World Tactics Meet Old World Tradition,” first published in the April 2009 issue of Negotiation. When the old ways of doing business aren’t working anymore, it may be time to break with tradition. Of course, doing so can be easier said than done. For inspiration, consider how … Read More 

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Mediation: Negotiating in the Shadow of Crisis

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

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Dealing with Difficult People – In and Outside of Congress

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In business negotiations, we sometimes face the task of dealing with difficult people—those who seem to pick fights, hold offensive views, or rely on hard-bargaining tactics. Some of us naturally turn away from such difficult negotiations. Others choose to try to overlook or overcome the flaws they see in potential negotiating partners. Republican Congressman Steve … Read More 

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When Family Business Disputes Require Conflict Resolution

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

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Not-So-Privileged Information

Posted by & filed under Dispute Resolution.

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

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Powerful Conflict Resolution Games To Help You Teach Negotiation

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

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Merkel and Putin: A Study in Negotiation Style

Posted by & filed under International Negotiation.

At a January 8 press conference, German chancellor Angela Merkel dangled a carrot in front of Russian president Vladimir Putin: the possibility of a summit in Kazakhstan aimed at easing the Ukraine crisis, to be attended by her and the leaders of France and Ukraine. That carrot, however, was dangling from a significant string. For … Read More 

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Top 10 Worst Negotiations of 2014

Posted by & filed under Negotiation Skills.

Sometimes negotiators care so much about the issues at stake that they mistake compromise for surrender. Sometimes they’re so confident things will go their way they don’t try hard enough. Our list of the 10 Worst Negotiations of 2014 includes talks that failed for one or both of these reasons, as well as for numerous … Read More 

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In Business Negotiations, Dress the Part

Posted by & filed under Business Negotiations.

Negotiators involved in high-stakes mergers and acquisitions typically come to the table armored in meticulously tailored apparel and designer shoes. But as Dana Mattioli reports in a recent Wall Street Journal article, those who are trying to woo business from an apparel company often end up dressing down, for strategic reasons. Take the IPO of yogawear … Read More 

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Conflict Resolution in Negotiation: Damage Control for Disappointing Results

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In December 2010, President Barack Obama engaged in a negotiation showdown with congressional Republicans over the George W. Bush–era tax cuts, which were due to expire at the end of 2010. During the 2008 presidential campaign, Obama had promised that, if elected, he would allow the tax cuts for Americans earning more than $250,000 to expire. But … Read More 

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Share Your Stories With The Negotiation Community

Posted by & filed under Teaching Negotiation.

At the Program on Negotiation (PON) at Harvard Law School, we know that learning from your peers can be extremely valuable. That’s why we’d like to ask you to share your experiences using the role-play simulations, videos, and other materials available through the Teaching Negotiation Resource Center (TNRC) at PON. Our goal is for you to … Read More 

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For Pope Francis, Cuba-U.S. Negotiations are a Win-Win

Posted by & filed under Win-Win Negotiations.

On December 17, the world was caught off-guard by the announcement that the United States is opening negotiations with Cuba with the aim of restoring full diplomatic relations between the two long-estranged nations. Another surprise twist to the story: Pope Francis was the chief instigator and mediator of the unexpected détente. A pivotal moment in … Read More 

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Top 10 Best Negotiations of 2014

Posted by & filed under Negotiation Skills.

Rather than unparalleled triumphs and victories, many of the 10 Best Negotiations of 2014 share a common theme of “making the best of a bad situation.” From climate change to Congress to Cuba, negotiators often found themselves trying to claw their way out of the darkness and into the light. Here are 10 negotiations that … Read More 

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Negotiation Training: Negotiate Relationships

Posted by & filed under Negotiation Training.

Relationships are as important to leadership as they are to negotiation. A relationship is a perceived connection that can be psychological, economic, political, or personal; whatever its basis, wise leaders, like skilled negotiators, work to foster a strong connection because effective leadership depends on it. How you negotiate your relationships with your counterpart not only … Read More 

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Negotiation Simulations Focused On Legal Lessons

Posted by & filed under Teaching Negotiation.

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

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For Sony Pictures Execs, The Interview Tested Negotiation Skills

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On December 17, Sony Pictures Entertainment made the unprecedented move of canceling the scheduled release of a major motion picture, the Seth Rogen comedy The Interview, due to the threat of terrorist attacks from hackers. The nation’s largest multiplex theater chains had already decided not to show the film in the wake of the threat … Read More 

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

Posted by & filed under International Negotiation.

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

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Women and Negotiation: Narrowing the Gender Gap

Posted by & filed under Business Negotiations.

Men tend to achieve better economic results in negotiation than women, negotiation research studies have found overall. Such gender differences are generally small, but evidence from the business world suggests that they can add up over time. If men ask for and receive slightly higher starting salaries than women, for example, and continue to negotiate … Read More 

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Win-Win Negotiations: Negotiating for a Winning Coalition

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If a pet project of yours is facing an up-or-down vote, negotiation can be a powerful tool to help sway the outcome in your favor. One recent case was New York governor Andrew M. Cuomo’s successful campaign to legalize same-sex marriage in the state, as described by Michael Barbaro in the New York Times. … Read More 

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How Case Studies Facilitate Negotiated Agreements

Posted by & filed under Teaching Negotiation.

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

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Dealing with Difficult People and Difficult Negotiations: When They Fail the Trust Test

Posted by & filed under Dealing with Difficult People.

Negotiating opportunities sometimes come from challenging sources: a family member who has been unreliable in the past but promises to make a change; a business competitor that approaches you about a joint venture; a difficult boss with whom you would like to work out a better relationship. How should you deal with potential negotiating partners … Read More 

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

Posted by & filed under Business Negotiations.

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

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Dealmaking: Beyond Collusion – How to Include Outsiders in Your Deal in Business Negotiations

Posted by & filed under Conflict Resolution.

The issue of bidder collusion raises a larger question for negotiators: What ethical responsibility do we have to those who aren’t seated at the table with us? Harvard Business School professor Max H. Bazerman uses the term “parasitic value creation” to describe the common tendency of negotiators to focus so narrowly on identifying benefits for those … Read More 

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How Negotiation Examples Can Help You Become A Better Mediator

Posted by & filed under Teaching Negotiation.

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

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International Negotiation Skills: Before Apologizing, Consider the Culture

Posted by & filed under International Negotiation.

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

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For Modern Farmer Magazine, a Bad BATNA

Posted by & filed under BATNA.

In business negotiations, our mistakes sometimes end up affecting not only the current deal, but our best alternative to a negotiated agreement, or BATNA, in deals that lie down the road. That’s a lesson that Ann Marie Gardner, the founder and editor of the hip new magazine Modern Farmer, has learned the hard way. After … Read More 

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

Posted by & filed under Teaching Negotiation.

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

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In Conflict Resolution, President Carter Turned Flaws Into Virtues

Posted by & filed under Conflict Resolution.

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

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Best-In-Class Negotiation Case Studies

Posted by & filed under Teaching Negotiation.

What’s one of the best ways to teach the art and science of negotiation? Case studies and articles that spark lively discussion or facilitate self-reflection. Based on real-world examples, these teaching resources are designed to help students envision how to apply what they’ve learned in the classroom and beyond. The Teaching Negotiation Resource Center (TNRC) at … Read More 

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Women and Negotiation: Why Women Sometimes Ask for Less

Posted by & filed under Business Negotiations.

The average college­-educated woman earns $713,000 less over the course of her working life than her male counterpart, according to the Coalition of Labor Union Women. What explains this persistent gender gap? Women employees’ awareness that they could be penalized for negotiating assertively on their own behalf is one factor, according to new research from … Read More 

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Win­-Win Negotiations for Groupon? Google’s Failed Bid

Posted by & filed under Win-Win Negotiations.

It seemed to be a match made in Internet heaven. In late 2010, Google made a $6 billion bid for Groupon, the Chicago­based company that e­mails daily coupon deals for local goods and services to consumers around the world. (If enough people sign up, the daily deal “tips,” meaning the coupons are issued; otherwise, the … Read More 

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Bridging the Cultural Divide in International Business Negotiations

Posted by & filed under Business Negotiations.

Question: Before taking my new job, I had 10 years of successful experience negotiating with suppliers all over the United States. The company I just joined sources materials and components from almost everywhere but the United States. What advice can you give me on negotiating with foreign suppliers? Program on Negotiation faculty member and negotiation … Read More 

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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 … Read More 

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Difficult Negotiation Going Nowhere? Consider an Apology

Posted by & filed under Dispute Resolution.

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

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In Rome, Conflict Management Turns Operatic

Posted by & filed under Conflict Resolution.

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

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Fighting For Your Livelihood

Posted by & filed under Teaching Negotiation.

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

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In Hollywood, a Second Chance at a Win-Win Negotiation?

Posted by & filed under Win-Win Negotiations.

Question: What’s the best way to minimize the risk of long-term financial commitments and wrap up a win-win negotiation? About a decade ago in Hollywood, many negotiators thought the answer to that question was “slate deals.” In the early and mid-2000s, hedge funds and other large investors streamed into Hollywood, persuaded by the major studios … Read More 

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How to Negotiate When You’re Literally Far Apart

Posted by & filed under Business Negotiations.

Imagine that you’re the CEO of a sports clothing manufacturer based in Chicago. You recently traveled to Amsterdam, the Netherlands, to meet with a distributor who has a rich and diverse network in the European sports market. During the business trip, you both express enthusiasm about the possibility of a joint venture and agree to give … Read More 

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Business Negotiation Advice: When Your Image is Everything

Posted by & filed under Business Negotiations.

Turning to another questionable negotiation from Illinois politics, in 2005, then–U.S. senator Barack Obama and his family bought a house in Chicago. On the same day the Obamas closed on the property, the wife of real estate developer Antoin Rezko bought an adjacent parcel of land. Rezko was a key fundraiser for Obama’s Senate campaign. … Read More 

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Dispute Resolution with Spotify? Taylor Swift Shakes It Off

Posted by & filed under Dispute Resolution.

In negotiation, our success often hinges on our bargaining power—which in turn can depend on forces beyond our control. That truism was highlighted in two recent disputes arising from business negotiations over the pricing of copyrighted material in the digital era, one from the music world, the other from publishing. First, country-music star Taylor Swift … Read More 

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

Posted by & filed under Conflict Resolution.

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 … Read More 

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Win Win Negotiations – How to Be a Better Mind Reader: New Research Suggests Why It Pays to Take Your Counterpart’s Perspective

Posted by & filed under Win-Win Negotiations.

The parents of a toddler were interested in finding a babysitter to work one or two nights a week. The couple was very happy with their daytime nanny, but they thought she would not be interested in staying past six p.m., since she was young, and they assumed she had an active social life. But … Read More 

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Mediation: Breaking a Partial Impasse in Negotiations

Posted by & filed under Mediation.

In three experiments, Roman Trötschel and colleagues found that perspective taking helped self-interested negotiators discover opportunities to logroll and great mutual gains that reduced partial impasse. Interestingly, the study participants used perspective taking to reduce partial impasse through logrolling despite remaining self-interested. … Read More 

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Teaching Negotiation: The Art of Case Study Writing

Posted by & filed under Teaching Negotiation.

Jim Sebenius, the Gordon Donaldson Professor of Business Administration at Harvard Business School, and Director of the Harvard Negotiation Project, addressed these questions in his presentation at the NP@PON Faculty Dinner Seminar on October 7, 2010. His article, “Developing Negotiation Case Studies,” began as a memo to a novice case writer about how to write … Read More 

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Dealing with Difficult People: Comcast and Its Critics

Posted by & filed under Dealing with Difficult People.

In our lives as business negotiators, there inevitably will be times when we feel angry, frustrated, and mistreated. At such times we face a choice between letting our negative feelings show, concealing them, or trying to channel them into positive change. Ample negotiation research has found that negotiators who show their anger tend to make … Read More 

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Four Negotiation Strategies for Resolving Values-Based Disputes

Posted by & filed under Dispute Resolution.

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

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Conflict Management and Negotiating When Pride is at Stake

Posted by & filed under Conflict Resolution.

The fallout from Iceland’s financial crisis offers a case study in dealing with those who have suffered a significant blow to their self-esteem. In late 2008, Iceland teetered on the edge of bankruptcy following the collapse of its three largest banks. Since becoming independent of the government in 2002, the banks had pursued a strategy … Read More 

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Beware the Domino Effect in International Negotiations

Posted by & filed under International Negotiation.

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

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Build On Your Past Success in Business Negotiations

Posted by & filed under Business Negotiations.

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

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

Posted by & filed under Conflict Resolution.

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

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

Posted by & filed under Dealmaking.

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

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Uncovering Bias and Generating Mutual Gains: Google, Women, and Negotiation

Posted by & filed under Business Negotiations.

The persistence of the so-called “glass ceiling” and salary gap between men and women is often chalked up to the fact that men historically have been more assertive about negotiating for higher salaries, promotions, and other contributors to career success. The fear that they will be viewed as unlikeable and consequently discriminated against for negotiating … Read More 

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Panda Diplomacy and Business Negotiations: Applying Soft Power

Posted by & filed under Business Negotiations.

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

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When and Why Do Negotiators Cave In?

Posted by & filed under Dealmaking.

When you expect an opponent to be competitive, your confidence in the outcomes you can achieve is likely to plummet. In research with Adam Galinsky of Northwestern’s Kellogg School of Management, negotiators were provided with some background about their opponent including background information on how competitive their opponent has been in previous negotiations. This information … Read More 

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Business Negotiators: How You Can Avoid Striking Out

Posted by & filed under Business Negotiations.

When a difficult negotiation such as a labor contract renegotiation looms, it can be tempting for each side to try to make unilateral decisions on certain issues because of the belief that negotiation with the other side will be a dead end. This strategy may pay off in the short term, but it’s important to … Read More 

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Mediation: Negotiating a More Satisfactory Divorce

Posted by & filed under Mediation.

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

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Dealing with Difficult People: Tackle Tough Issues Together

Posted by & filed under Dealmaking.

When a difficult negotiation such as a labor contract renegotiation looms, it can be tempting for each side to try to make unilateral decisions on certain issues because of the belief that negotiation with the other side will be a dead end. This strategy may pay off in the short term, but it’s important to … Read More 

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In Business Negotiations, Eat Before You Negotiate

Posted by & filed under Business Negotiations.

When preparing for your next business negotiation, you may want to strategize not only about what you’ll put on the bargaining table, but also how much food you’ll put in your belly beforehand. That’s the message of new research that Cornell University professor Emily Zitek and Dartmouth College professor Alexander Jordan presented at the annual … Read More 

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Dealmaking: Don’t Wait for Them to Blink

Posted by & filed under Dealmaking.

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

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PON Graduate Research Fellow Vera Mironova Published by Foreign Policy

Posted by & filed under International Negotiation.

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

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Conflict Management: Do You Stretch the Truth?

Posted by & filed under Conflict Resolution.

First adapted from “Do You Stretch the Truth?,” first published in the September 2012 issue of Negotiation. Tell the truth: Have you lied to a salesclerk or service provider lately? Maybe you blamed a restaurant for messing up your reservation, though you suspect you probably provided the wrong date over the phone. Or, after missing a deadline to return … Read More 

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ISIS, International Negotiation, and a Refusal to Communicate

Posted by & filed under International Negotiation.

Business negotiators sometimes face the difficult question of whether to negotiate with someone they believe to be immoral, untrustworthy, or otherwise undesirable as a negotiating partner. In his book Bargaining with the Devil: When to Negotiate, When to Fight (Simon & Schuster, 2011), Program on Negotiation chair Robert Mnookin offers advice on the complex question … Read More 

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Negotiation Case Studies: Teach By Example

Posted by & filed under Teaching Negotiation.

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

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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, … Read More 

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

Posted by & filed under Business Negotiations.

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

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Conflict Resolution: When Forgiveness Seems Elusive

Posted by & filed under Conflict Resolution.

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

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For Bank of America, Dealmaking to Turn the Page

Posted by & filed under Dealmaking.

Negotiation often marks a new beginning: of a partnership, a project, or employment relationship. At other times, the goal of dealmaking is as much about reaching an ending as it is about moving forward. That’s the attitude with which Bank of America wrapped up its settlement negotiations with the Department of Justice (DOJ) last month. For … Read More 

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Negotiating the Israeli-Palestinian Conflict: Track Two Diplomacy in the Past, Present and Future

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

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The Middle East Negotiation Initiative at the Program on Negotiation is pleased to present a public talk by Dr. Yair Hirschfeld on September 19th. Dr. Hirschfeld, who is best known as the “architect of the Oslo Process,” will discuss the history of Track II diplomacy efforts in the Israeli-Palestinian conflict, and analyze recent developments in … Read More 

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Dealmaking: When You’re Short On Cash, Try Bartering

Posted by & filed under Dealmaking.

Here’s a prime example of negotiator innovation during difficult economic times. Eager to retain its top talent but low on cash, Zurich, Switzerland–based financial-services company Credit Suisse Group included millions of dollars of its own toxic assets in the 2008 bonus packages of its 2,000 top bankers. Typically, investment banks use cash and company stock … Read More 

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Win-Win Negotiations: Trapped in a Competitive Cycle? Learn from Congress’s Mistakes

Posted by & filed under Win-Win Negotiations.

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

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Women and Negotiation: Leveling the Playing Field

Posted by & filed under Negotiation Skills.

By now, most of us are aware that women appear to face significant hurdles in negotiation. To begin with, they are penalized for negotiating on their own behalf. In their research, Professor Hannah Riley Bowles of Harvard Business School, Professor Linda Babcock, and Professor Lei Lai of Tulane University found that both male and female … Read More 

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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, … Read More 

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

Posted by & filed under Conflict Resolution.

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

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Dealmaking Negotiations: How to Build Trust at the Bargaining Table

Posted by & filed under Dealmaking.

Imagine yourself in each of these three negotiation scenarios. In each of these scenarios, negotiators are dealing with an issue related to trust. The travel writer discovers he put too much trust in the translator’s reliability. Most of us approach negotiations with the hope that we will share information, build a relationship, and be treated … Read More 

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Conflict Management Techniques: Should You Take Your Dispute Public?

Posted by & filed under Conflict Resolution.

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

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Win Win Negotiations: Can’t Beat Them? Join a Coalition

Posted by & filed under Win-Win Negotiations.

In 2006, representatives of wind-energy developers started knocking on the doors of Wyoming ranchers. They were seeking to persuade the ranchers to sell the rights to build wind turbines on their land, reporter Addie Goss recounted on National Public Radio. Typically, the developers build wind farms by leasing large blocks of land from many different landowners … Read More 

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How to Deal When the Going Gets Tough

Posted by & filed under Conflict Resolution.

Most business negotiators understand that by working collaboratively with their counterparts while also advocating strongly on their own behalf, they can build agreements and longterm relationships that benefit both sides. During times of economic hardship, however, many negotiators abandon their commitment to cooperation and mutual gains. Instead, they fall back on competitive tactics, threatening the other … Read More 

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Bullard Houses Role-Play Simulation Helps Researchers Explore Gender Inequality

Posted by & filed under Teaching Negotiation.

In a recent Slate.com article, writer and PhD in Psychology Jane Hu described the findings of a research study by Professor Laura J. Kray, University of California, Berkeley. Kray, along with co-authors Jessica Kennedy, PhD, and Alex Van Zant, PhD, investigated the role gender played in negotiation and focused specifically on whether the stereotype of … Read More 

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Negotiators: Guard Against Ethical Lapses

Posted by & filed under Negotiation Skills.

During the past several years, one scandalous story of unethical behavior after another has made headlines: Countrywide’s and AIG’s risky business practices, trader Bernard Madoff’s Ponzi scheme, and former Illinois governor Rod Blagojevich’s alleged attempt to sell a U.S. Senate seat. As instances of people behaving badly proliferate, some commentators have wondered if we are … Read More 

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At the Office, Conflict Management is Key

Posted by & filed under Conflict Resolution.

In the workplace, misunderstandings, power struggles, and stress can cause conflict to fester and take a toll on productivity. The best organizations put in place conflict management processes and systems to confront conflict directly. Unfortunately, too many organizations fail to do so—and suffer the consequences of sweeping conflict under the rug. Take the case of Paradigm … Read More 

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Cooperation in Congress? Liberals and Libertarians Polish Their Negotiation Skills

Posted by & filed under Negotiation Skills.

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

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Why We Focus on Culture in Negotiations

Posted by & filed under Negotiation Skills.

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

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Intercultural Negotiations: When Negotiators Try Too Hard

Posted by & filed under Conflict Resolution.

Adapted from “Coping with Culture at the Bargaining Table,” first published in the May 2009 issue of Negotiation. Though intercultural negotiating schemas can be useful, negotiators often give too much weight to them, according to an article in the May issue of the journal Negotiation and Conflict Management Research, “Starting Out on the Right Foot: Negotiation Schemas When … Read More 

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Coping with Culture at the Bargaining Table

Posted by & filed under International Negotiation.

Intercultural negotiations are common these days—and so are culture clashes. Here’s how to handle the added complexity such talks can bring. Imagine that you’re the American representative of a U.S. food company, and you’re hoping to procure a new ingredient for several of your products from a German company. A representative from the company is flying … Read More 

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Exercising Its BATNA, American Apparel Ousts Dov Charney

Posted by & filed under BATNA.

On June 18, the board of retailer American Apparel informed the company’s controversial founder, Dov Charney, that it was ousting him from his roles as chairman and CEO. For years, Charney had fended off sexual-harrassment lawsuits and rumors of inappropriate behavior. But only when the company’s creditors grew anxious about its long-term liability did the … Read More 

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In International Negotiations, Memories of “Mr. Yes”

Posted by & filed under International Negotiation.

On July 7, Eduard Shevardnadze, foreign minister to Mikhail Gorbachev and a driving force behind the perestroika era in Russia, died in his native Georgia at the age of 86. In June 1985, Shevardnadze—then a lifelong Communist official with no diplomatic experience—was reportedly taken aback when his old friend Gorbachev asked him to take charge of … Read More 

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In Career Dealmaking, Strike the Right Balance

Posted by & filed under Dealmaking.

Two stories emerged in the news this month that illustrate polar opposite attitudes toward negotiating salary and benefits in the workplace. First, a New York Times profile revealed that Ira Glass, the creator and host of the popular radio show “This American Life,” is highly uncomfortable earning a high salary. In recent years, Glass earned … Read More 

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Five Fundamentals of Negotiation from Great Negotiator 2014 Tommy Koh

Posted by & filed under Negotiation Skills.

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

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In Detroit, A Search for a Win-Win Deal

Posted by & filed under Win-Win Negotiations.

We tend to view job negotiations as battles over a fixed pie of resources: A higher salary for the employee means lower profits for the employer. More vacation time equals lowered productivity, and so on. But employment negotiations can lead to win-win agreements. If an entrepreneur can’t afford office space, she will benefit from hiring employees … Read More 

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Dealing with Difficult People? Lessons from Ronald Reagan

Posted by & filed under Conflict Resolution.

In recent months, U.S. President Barack Obama and other world leaders have struggled to find a winning strategy to convince Russian President Vladimir Putin to back away from his aggressions toward Ukraine. In a Wall Street Journal editorial, Ken Adelman, U.S. President Ronald Reagan’s ambassador to the United Nations and arms-control director, writes that recently … Read More 

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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 … Read More 

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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 … Read More 

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At the Met, Conflict Management in a Minor Key

Posted by & filed under Conflict Resolution.

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

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

Posted by & filed under International Negotiation.

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

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Conflict Management: Becoming a Team Player

Posted by & filed under Conflict Resolution.

Show me the money!” That refrain from the 1996 movie Jerry Maguire, shouted by a football player to his agent, continues to echo through U.S. professional sports negotiations today. A public arena, enormous piles of cash, and even bigger egos combine to make sports negotiations a unique context. Yet anyone who has negotiated through agents, … Read More 

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Pull Ahead of the Pack with a “Negotiauction”

Posted by & filed under Dealmaking.

Robert Barnett, a corporate attorney based in Washington, D.C., moonlights as a book agent for celebrity politicians—including Barack Obama, Laura Bush, and Bill and Hillary Clinton. New York editors line up to sign Barnett’s clients and, they hope, rake in blockbuster profits. Barnett’s technique is to introduce his latest superstar to the major publishing houses and … Read More 

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For Steve Ballmer, Negotiation Skills Go on the Back Burner

Posted by & filed under Negotiation Skills.

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

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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 … Read More 

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When Dealmaking Breaks Down, Take the High Road

Posted by & filed under Dealmaking.

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

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Negotiating with a Mediator’s Assistance: A Case Study

Posted by & filed under Mediation.

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

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2014 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Negotiation Skills, Students.

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

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How Short-Term Focus Contributes to Future Disasters in Business Negotiations

Posted by & filed under Business Negotiations.

Negotiators tend to concentrate too closely on the here and now. By incorporating future concerns into your talks, you’ll make sounder decisions and guard against crises. In the midst of the current U.S.financial crisis, accusations of greed on Wall Street have sounded across the globe. Greed may be a significant factor in the collapse of credit … Read More 

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In Mediation, Set Conditions with Care

Posted by & filed under Mediation.

On April 9, Israel said it was “deeply disappointed” by remarks by Secretary of State John Kerry that seemed to primarily blame Israel for the current breakdown in U.S.-mediated Middle East peace talks, as reported in the New York Times. Last July, the United States brought Israel and the Palestinians back together for a series of … Read More 

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When Lose-Lose Wins

Posted by & filed under Mediation.

Does negotiation research promote the creation of joint gain at the expense of relationship building? Jared R. Curhan, Margaret A. Neale, and Lee D. Ross suggest the field is guilty as charged. To illustrate, the researchers apply author O. Henry’s classic tale “The Gift of the Magi” to negotiation. The short story describes a poor but … Read More 

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In Business Negotiations, 12 Strategies for Curbing Deception

Posted by & filed under Business Negotiations.

In negotiation, deception can run rampant: parties “stretch” the numbers, conceal key information, and make promises they know they can’t keep. Unfortunately, most of us are very poor lie detectors. Even professions that encounter liars regularly, such as police officers and judges, do not perform better than chance at detecting deception, Professor Paul Ekman of the … Read More 

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For Detroit Pensioners, Dispute Resolution Pays Off

Posted by & filed under Dispute Resolution.

On April 15, Detroit city employees and retirees breathed a huge sigh of relief after the city’s emergency manager and its pension fund managers reached a deal that would significantly reduce proposed cuts to pension benefits, CNNMoney reports. Some civilian workers will face a 4.5% reduction in pensions and lose cost-of-living adjustments. Retired public-safety workers … Read More 

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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 … Read More 

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Status Anxiety in Business Negotiations

Posted by & filed under Business Negotiations.

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

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

Posted by & filed under Conflict Resolution.

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

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Low-Drama Negotiation Skills at the “Late Show”

Posted by & filed under Negotiation Skills.

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

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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, … Read More 

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Dealmaking: Dealing with the Other Side’s Constituents

Posted by & filed under Dealmaking.

During a meeting with a potential customer, a new salesperson leaves the room several times to make phone calls. Each time when she returns, she tells the customer she can’t accept the terms they just negotiated. Exasperated by her apparent lack of authority, the customer ends the meeting abruptly. As this scenario shows, your counterpart’s constituents … Read More 

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Business Negotiations: Why Does Process Matter?

Posted by & filed under Business Negotiations.

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

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Have You Negotiated How You’ll Negotiate?

Posted by & filed under Negotiation Skills.

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

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Business Negotiations: Imposing Procedural Constraints

Posted by & filed under Business Negotiations.

Sometimes the courts will be unwilling to get involved in the substantive terms of the deal but will impose procedural constraints on the more powerful party. Consider the case of a controlling shareholder in a publicly traded company – someone who holds more than 51% – who wants to “cash out” the minority shareholders. Under the corporate … Read More 

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Deal Making: When You Hold All the Cards

Posted by & filed under Dealmaking.

Consider the following hypothetical negotiation scenarios, in which you seem to hold all the cards: - One of your customers has just landed a lucrative new contract, and you’re the only supplier who can add a critical component to that customer’s production process. - You own a controlling interest in a publicly traded company and are seeking … Read More 

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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 … Read More 

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In College Athletics, Dealmaking Could Be a Win-Win

Posted by & filed under Dealmaking.

A recent ruling by a regional branch of the National Labor Relations Board (NLRB) raises the question of whether college football and basketball players will engage in the kind of collective dealmaking with university administrations that is found in business and government. In March, the NLRB in Chicago sided in favor of a group called the … Read More 

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

Posted by & filed under International Negotiation.

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

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Deal Making: Second-Guessing the Terms of the Deal

Posted by & filed under Dealmaking.

When most of us think about preparing for a negotiation, we consider the substance of the issues under discussion. Depending on your industry, such issues might include price terms, warranties, liquidated damages clauses, benefits, or wage increases. By contrast, the negotiation-process issues concern how parties go about resolving the various points that have brought them together in … Read More 

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In Business Negotiations, First, Build Rapport

Posted by & filed under Business Negotiations.

In February, the news that Facebook would pay an astounding $19 billion to acquire text-messaging start-up WhatsApp caused jaws to drop across the tech world and beyond. Jan Koum, a Ukrainian immigrant, and his friend Brian Acton launched WhatsApp in 2009 with the goal of creating a text-messaging application that would connect users with family and … Read More 

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Others May Be More Powerful Than You Think They Are

Posted by & filed under Dispute Resolution.

Imagine that you’re a national account sales manager and are preparing to negotiate your annual raise. You have met all your sales objectives and feel that you are not only a valuable employee but also the top producer in the department. You feel quite confident that you will receive the highest possible salary increase. But during an … Read More 

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Conflict Management: Anger – The Good and the Bad

Posted by & filed under Conflict Resolution.

Most negotiations are “mixed motive” in structure, requiring us both to compete to claim value and to cooperate to create value. The ability to move back and forth between these two goals is a critical – and difficult – skill to master. How do emotions affect value creation and claiming? Researchers Alice Isen and Peter Carnevale found that … Read More 

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Building a Winning Coalition in Negotiations with Iran

Posted by & filed under International Negotiation.

The meeting of the P5+1 (the five permanent members of the United Nations Security Council plus Germany) and Iran last week to discuss Iran’s nuclear ambitions ended on a positive note but left many analysts skeptical of the possibility for substantive change. Program on Negotiation faculty member James K. Sebenius, writing for Foreign Policy, analyzes the … Read More 

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You Have Less Information Than You Think

Posted by & filed under Business Negotiations.

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

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Dealing with Difficult People: The Right Way to Regulate Emotion

Posted by & filed under Dispute Resolution.

Emotional flooding – when strong, specific, and often negative feelings overwhelm us – poses obvious hazards to negotiators, who need to be able to think clearly when faced with the complex, strategically demanding task of creating and claiming value. For this reason, emotional regulation can be an essential component of negotiation. But different types of regulation create … Read More 

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Deal Making: What Leads to Renegotiation?

Posted by & filed under Dealmaking.

Renegotiations generally are triggered for one of two reasons: an imperfect contract or changed circumstances. The goal of any written contract is to express the parties’ full understanding of their deal. Despite lawyers’ belief in their abilities to capture that agreement in writing, in practice they can only achieve that goal imperfectly, for three reasons. … Read More 

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You Aren’t Invincible

Posted by & filed under Conflict Resolution.

In a hypothetical raise negotiation, suppose you find out that your peers have told your boss disparaging and blatantly untrue stories about your interactions with customers. You feel shocked and upset by their betrayal; you always believed that you had a good relationship with you coworkers. It never crossed your mind that they would attempt to … Read More 

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

Posted by & filed under Conflict Resolution.

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

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The Abraham Path Named National Geographic Traveller’s Best New Walking Trail

Posted by & filed under Conflict Resolution.

National Geographic Traveller’s Ben Lerwill recently compiled a list of the best new walking trails from around the world, and the Program on Negotiation’s Abraham Path took the number 1 spot on his list of 10. The Abraham Path is a long-distance walking trail that follows the path of the patriarch Abraham from Sanliurfa in southeastern … Read More 

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Characteristics of Negotiation Styles: Men, Women, and Status

Posted by & filed under Leadership Skills.

When it comes to different characteristics of negotiation styles, a growing body of research suggests that status consciousness varies depending on the gender of interested parties. First, men tend to care more about status than women do. Using a university-sponsored fundraising campaign, researchers Bruno S. Frey and Stephan Meier of the University of Zurich examined how … Read More 

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Adaptability at the Bargaining Table: How Improvisation and Jazz Music Inform Negotiation Strategy

Posted by & filed under Negotiation Skills.

Aggressive tactics and hard-bargaining strategies may, at face value, provide a roadmap to success at the bargaining table but, as the Washington Post’s Kelly Johnson discovered in her interview with Program on Negotiation faculty member Michael Wheeler, adaptability to ever-changing circumstances is essential for the “dynamic” negotiations one encounters in everyday life. … Read More 

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Top 10 Negotiation Failures of 2013

Posted by & filed under Negotiation Skills.

Here’s a list of some of the most notable negotiation flops of the past year – from deals that were over before they started, to those that were botched at the table, to those that proved disastrous well after the ink had dried. … Read More 

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Top 10 International Negotiations of 2013: Canceled Talks Between the U.S. and Russia

Posted by & filed under International Negotiation.

On August 7, President Barack Obama canceled a summit with Russian President Valdimir Putin scheduled for September in Moscow, citing a lack of progress on a variety of issues. The announcement came on the heels of Russian’s decision to grant temporary asylum to former National Security Agency contractor and Edward Snowden, who made confidential data on … Read More 

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Top 10 International Negotiations of 2013: Dissent in the European Union

Posted by & filed under International Negotiation.

A European Union summit held in late October failed to make headway toward more coordination of economic policies. Facing resistance from Germany in particular, European officials are growing pessimistic regarding their odds of negotiating a deal over the next year to lay the foundation for a banking union for the 17 nations that use the … Read More 

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Top 10 International Negotiations of 2013: Bangladesh Factory-Safety Agreements

Posted by & filed under International Negotiation.

On April 24, an eight-story building in Bangladesh known as Rana Plaza collapsed, killing an estimated 1,129 people, many of them low-wage garment workers who made goods for foreign companies. In the weeks after the disaster, apparel outsourcers faced mounting public pressure to address hazardous conditions in the factories where their goods are manufactured. Labor unions … Read More 

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

Posted by & filed under International Negotiation.

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

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Threat Response in International Negotiations

Posted by & filed under International Negotiation.

The agreement seemed well on its way to being passed. On November 20, U.S. secretary of state John Kerry announced that the United States and Afghanistan had finished negotiating a bilateral security agreement. The terms included a continued American troop presence through 2024 and a promise of billions in international aid to the Afghan government. The … Read More 

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Top Ten Business Deals of 2013: American Airlines – U.S Airways

Posted by & filed under Dealmaking.

On November 29, 2011, the same day American Airlines filed for bankruptcy, US Airways CEO Doug Parker called American head Tom Horton to discuss a possible merger. Horton rebuffed Parker, saying airline needed to spend time reorganizing and renegotiating its labor contracts before focusing on a deal, the Wall Street Journal reports. … Read More 

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Top Business Negotiations of 2013: Time Warner versus CBS

Posted by & filed under Business Negotiations.

On October 31, 2013, Time Warner Cable reported a huge quarterly loss of television subscribers, the largest in its history: 306,000 of its 11.7 million subscribers had dropped the company, the New York Times reports. The bad news has been attributed largely to an impasse with television network CBS over fees, which led to Time … Read More 

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

Posted by & filed under Business Negotiations.

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

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Top Business Negotiations of 2013: Apple versus Samsung

Posted by & filed under Business Negotiations.

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

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International Negotiations: Challenging Multiparty Negotiations Around the Euro

Posted by & filed under International Negotiation.

A European Union summit held in late October failed to make much headway toward better coordination of economic policies, the Wall Street Journal reports. Facing resistance from Germany in particular, European officials are growing pessimistic regarding their odds of negotiating a deal over the next year to lay the foundation for a banking union for … Read More 

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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 … Read More 

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Learning From Negotiation Role Plays

Posted by & filed under Teaching Negotiation.

It’s a familiar practice in negotiation training: Students are divided up and assigned to engage in role-play exercises known as simulations. Each person reads confidential information about her role, the two (or more) players get together and negotiate, and then the class reconvenes to debrief the experiences. Simulation took root as a common method for teaching … Read More 

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