PON

The following items are tagged PON

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What is the Right of First Refusal?

Posted by & filed under Business Negotiations.

When transferring property, sellers sometimes insist on real estate rights of first refusal – the chance to be first in line to repurchase the property if their buyer later decides to sell. Rights of first refusal can be obvious advantages if your financial circumstances later change. If you’re keeping adjoining land, you may wish to … Read More 

Courses and Training

Mediating Disputes – Fall

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

Course registration will open soon. Please click on this link to add your name to the course notification list. The success of any mediation is predicated on the skills of the mediator. In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to … Read More 

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Free Report

Negotiation Master Class Fall 2015 Program Guide

Posted by & filed under Free Report.

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

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Define Negotiation Skills: Improve Your Negotiation Skills Training

Posted by & filed under Negotiation Skills.

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

Courses and Training

Mediating Disputes – June

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

Course Dates: Course dates for June 2016 TBD.

The success of any mediation is predicated on the skills of the mediator. In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle … Read More 

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Negotiating At Work

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Deborah Kolb & Jessica Porter Selected by TIME as one of the best negotiation books of 2015, Negotiating at Work offers practical advice for managing your own workplace negotiations: how to get opportunities, promotions, flexibility, buy-in, support, and credit for your work. … Read More 

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

Posted by & filed under Mediation.

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

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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Free Report

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

Posted by & filed under Business Negotiations.

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

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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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

Crisis Communication: How to Avoid Being Held Hostage by Crisis Negotiations

Posted by & filed under Free Report.

In this free special report negotiation experts offers advice on how to turn crisis situations into collaborative negotiations. Throughout the report, you will discover how to apply the lessons of professional hostage negotiators, avoid disasters through careful planning, diffuse tensions with angry members of the public, and break through impasse with open communication. … Read More 

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Courses and Training

Difficult Conversations

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

We all have conversations we anticipate with dread, because they may determine our fate and we don’t know how to make them succeed. Whether it’s trying to keep a customer happy without eroding your profit margin, address unacceptable behavior successfully without losing a high performer, close a critical acquisition without overpaying, or gain alignment on … Read More 

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A Green Victory Against Great Odds, But Was It Too Little Too Late?

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Gina Coplon-Newfield This case study provides an in-depth view into the major US nonprofit environmental groups that advocated throughout 2007 for a bill that would address vehicle pollution, electricity pollution, and other areas contributing to global climate change. … Read More 

Free Report

Dealing with Difficult People

Posted by & filed under Free Report.

At the Program on Negotiation at Harvard Law School (PON), we are dedicated to helping professionals deal with hard bargainers and resolve even the most challenging disputes. To help you understand the principles of negotiation and conflict resolution, we put together a special report: Dealing With Difficult People. Discover how to collaborate, negotiate, and bargain … Read More 

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Courses and Training

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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Islands of Agreement Managing Enduring Armed Rivalries

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We are culturally conditioned to think of war and peace in binary terms of strict opposition. Correspondingly, we tend to focus our attention on conflict prevention or conflict resolution. But as Islands of Agreement demonstrates, peace and war are seldom polar totalities but increasingly can and do coexist within the confines of a single scenario. Consequently, … 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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Inside Out

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Gary Friedman Designed to help people who work with parties in conflict use their inner experiences for the benefit of their clients, this book challenges many of the conventions conflict-resolution professionals bring to this field. Rooted in self-awareness, this practical guide encourages us to work from the “inside out”. … Read More 

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Courses and Training

The Harvard Negotiation Intensive: A Two-Day Workshop

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

Course Dates: Specific course dates for June 2016 TBD

Whether you’re a vice president, litigator, manager, or transactional attorney, negotiation is central to nearly every professional activity. Systematic and thorough preparation, as well as an ability to manage shared, different, and conflicting interests, is critical to success. Designed to address the core issues that you experience as … Read More 

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Hydropower In Santales

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

Free Report

Harborco: Role-Play Simulation

Posted by & filed under Free Report.

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

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Courses and Training

Negotiation Workshop: Strategies, Tools, and Skills for Success

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

Course Dates: Specific course dates for June 2016 TBD

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 … 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

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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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 

Free Report

Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts

Posted by & filed under Free Report.

In this Special Report, the experts and editors from Harvard’s Program on Negotiation offer a sampling of advice from past issues of Negotiation to help you learn the techniques you need to resolve your disputes through mediation. You will learn to select the right dispute-resolution process, choose a mediator with appropriate expertise, learn the steps your … 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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Flooding and Climate Change Risks in Northam

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

Free Report

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

Posted by & filed under Negotiation Skills.

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

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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Coastal Flooding in Shoreham

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

Free Report

Negotiation Strategies for Women: Secrets to Success

Posted by & filed under Free Report.

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

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Real Life Examples of Mediation: How Mediation Works

Posted by & filed under Mediation.

Negotiations have reached an impasse, but both sides agree on one thing: you need help resolving the dispute. You engage a neutral mediator to do just that. Rather than acting as a judge who decides who “wins” or “loses,” a third-party mediator assists parties in reaching an agreement. Negotiators often feel unprepared for mediation. The very … Read More 

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Coastal Flooding and Climate-Related Risks in Launton

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

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Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

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

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

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Flooding in Milton

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

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Courses and Training

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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 

Free Report

NEW! Teaching Negotiation: Understanding The Impact Of Role-Play Simulations

Posted by & filed under Free Report.

Negotiation can be challenging. And so can teaching it! At the Program on Negotiation (PON) at Harvard Law School, we help educators, scholars and practitioners like you learn how to more effectively teach negotiation. Notably, role-play simulations are a particularly useful way to facilitate experimentation and introduce participants to new dispute resolution tools, techniques and … 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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Negotiating About Pandas for San Diego Zoo

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

Free Report

Training Women to Be Leaders: Negotiating Skills for Success

Posted by & filed under Free Report.

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

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Conflict Negotiation Strategies: 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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Negotiation Master Class Fall 2013 Program Guide

Posted by & filed under Free Report.

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For the first time ever, the Program on Negotiation is offering a master-level course for negotiators. The program is highly personalized and taught by 4 negotiation experts from Harvard and MIT. If you are selected to participate, you will be assigned to small learning groups, take part in dynamic exercises with two-way feedback, work closely … Read More 

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Examples of Negotiation in Business: Starbucks and Kraft’s Conflict Management

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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Rethinking Negotiation TeachingInnovations for Context and Culture

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This book is the first in a series of three volumes examining negotiation pedagogy, and features 22 innovative chapters written by international scholars who gathered at a Hamline-sponsored conference to begin the multi-year Rethinking Negotiation Teaching project. … 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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Examples of Difficult Situations at Work: Consensus and Negotiated Agreements

Posted by & filed under Dealing with Difficult People.

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

Posted by & filed under Conflict Resolution.

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

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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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Top Negotiation Case Studies

Posted by & filed under Teaching Negotiation.

What’s one of the best ways to teach the art and science of conflict resolution? With negotiation case studies 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. … 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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Papers on International Environmental Negotiation, Volume 16: Enhancing the Effectiveness of the Treaty-Making System

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Papers on International Environmental Negotiation, Volume 16: Enhancing the Effectiveness of the Treaty-Making System (2007) This volume is available in print. Click here to order.

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

“A Process and Implementation Protocol to the UNFCCC,” by Jonathan Phillips

“Building Adaptive Capacity into Transboundary Water Regimes,” by Anna Schulz

“Capacity Building and a … Read More 

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Prioritizing Climate Change Adaptation Measures

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Elizabeth Fierman under the supervision of David Fairman, David Plumb, Lawrence Susskind, Philip Angell, and Kelly Levin Eight-party negotiation (with option for a ninth person facilitator) regarding climate change issues in a situation loosely based on the situation in Viet Nam. … Read More 

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Bepo Dam Plan, The

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Todd Schenk under the supervision of David Fairman, David Plumb, Lawrence Susskind, Philip Angell, and Kelly Levin Eight-party negotiation (with option for a ninth person facilitator) regarding climate change issues in a situation loosely based on the situation in Ghana. … Read More 

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Google’s Win-Win Negotiations with Groupon: How Business Negotiators Can Maximize Value Claiming While Engaging in Integrative Negotiations

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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Rise of Organized Labor in the United States

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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 Ethnic Conflict in Post-Colonial Africa curriculum … Read More 

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Overcoming Cultural Barriers to a Negotiated Agreement: Negotiation Ethics and International Negotiations

Posted by & filed under International Negotiation.

As Professor Cheryl Rivers of Queensland University of Technology in Brisbane, Australia, points out in a recent literature review, seasoned negotiators often hear stories about the unethical behaviors of people of other nationalities. Perhaps the toughest problems arise surrounding what Rivers calls “ethically ambiguous” negotiation tactics. Ambiguity can lead us to reach sinister conclusions about … Read More 

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Civil Rights and School Integration in the United States

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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 the contents (including the simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Civil Rights and School Integration in the … Read More 

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Define Negotiation Skills: 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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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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Indigenous Rights and the Environment in Latin America

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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 Indigenous Rights and the Environment in … Read More 

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Negotiation Situations in Real Life: How to Break Through Barriers to Negotiations

Posted by & filed under Dealing with Difficult People.

In negotiation, we sometimes face the dreaded task of asking difficult people, intimidating opponents, and otherwise daunting counterparts for a big favor. How can we close the deal when we can barely summon up the courage to talk to the person in the first place? In his book Influence: Science and Practice (Pearson, 2009), persuasion … Read More 

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Ethnic Conflict and Genocide in Post-Colonial Africa

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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 Ethnic Conflict in Post-Colonial Africa curriculum … Read More 

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Religion and Nationalism in Northern Ireland

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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 Religion and Nationalism in Northern Ireland curriculum … Read More 

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Contract Negotiations and Business Communication: How to Write an Iron-Clad Contract

Posted by & filed under Business Negotiations.

Contracts between business partners can lay the foundations for the ground rules of the business relationship yet how are contracts formed? Can one party unilaterally change the terms of a contract? If one party does so, does a binding agreement remain between the negotiators? In this article the Program on Negotiation explores contract law and … 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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Integrative Negotiations Strategies and Negotiation Ethics: Social Proof and Acceptable Behavior

Posted by & filed under Business Negotiations.

What do we do when we’re uncertain about how to behave in business negotiations? We study the behavior of others in similar situations. When we look for social proof regarding the “right” way to behave, we tend to make quicker, more efficient decisions, writes psychologist Robert Cialdini of Arizona State University. … Read More 

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Negotiation Examples in Business: Implementing Your Negotiated Agreement

Posted by & filed under Negotiation Skills.

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

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Examples of Negotiation Situations: Chaos at the Bargaining Table

Posted by & filed under Negotiation Skills.

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

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Consultant, The

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Michael Wheeler Two-party, multi-issue negotiation in which the parties are at an apparent impasse: the most one party can pay is substantially less than the least the other party can accept. … Read More 

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BATNA: Negotiation Preparation to Help Avoid Giving Up at the Bargaining Table

Posted by & filed under Dealmaking.

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

Posted by & filed under Business Negotiations.

In all types of negotiations and across all phases of the process, people can sometimes misrepresent or fail to tell the truth. Individual negotiators lie with the hope of improving their own outcomes. When negotiating his salary with the Cranbury, N.J.–based pharmaceutical marketing firm Carter-Wallace in 1997, Robert Bonczek misrepresented his prior title and salary … Read More 

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Negotiation Skills in Business Communication: Status Anxiety

Posted by & filed under Business Negotiations.

Negotiation Skills in Business Communication: Campeau Corporation and Federated Department Stores 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 … Read More 

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How to Write a Contract: Three Deal-Drafting Pitfalls

Posted by & filed under Dealmaking.

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

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The Importance of Communication in International Business: Overcoming Cultural Barriers in Dealmaking Negotiations

Posted by & filed under International Negotiation.

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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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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Characteristics of Negotiation Styles: Are You Ready to Negotiate?

Posted by & filed under Negotiation Skills.

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

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Types of Power in Negotiation: Chaos Theory and Bargaining Scenarios

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Among the many types of power in negotiation a negotiator can exhibit is an ability to exert control over the negotiation process. But what about those bargaining scenarios in which the negotiator unable to gain control of proceedings? How should she formulate her negotiation strategy? IBM researchers Cynthia F. Kurtz and David J. Snowden have … Read More 

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Alternative Dispute Resolution: Corporate Stakeholder Engagement and Mineral Extraction in Colombia

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I want to make four simple points regarding corporate stakeholder engagement and mineral extraction in Colombia. I presented these ideas several weeks ago at a Harvard Law School seminar sponsored by the Colombian government. We had senior officials present along with a great many Colombian graduate students studying at Boston-area schools. I think these prescriptions … Read More 

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Mediation and Problem Solving Skills: Sitting Down at the Table

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One of the central skills of a mediator is the ability to solve problems. And while problem solving skills may lead to successfully negotiated agreements between disputing parties, an effective mediator also has to get each side to agree to sit down at the bargaining table in the first place. Here is a mediation scenario … Read More 

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Great Negotiator Case Study Package

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James K. Sebenius and Jeswald Salacuse, with Daniel Curran, Rebecca Hulse and Kristin Schneeman A package of factual case studies featuring recipients of the Program on Negotiation’s Great Negotiator Award … Read More 

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Environmental Justice Package Full Version

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Lawrence Susskind and Various Other Authors Teacher’s package for a comprehensive environmental justice negotiation unit, containing one book, one article, and four role simulations … Read More 

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Examples of Negotiation in Business: Sunk Costs

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Think about what your house, condominium, or some other valuable asset might be worth in today’s market. Did the price you paid for it affect your answer? “Ignore sunk costs,” accounting professors and economists tell us. The amount of money and effort we’ve invested in the past, they say, is irrelevant to our future investments. … Read More 

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Negotiating Skills and Negotiation Strategies: Emotional Expression at the Bargaining Table

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Most of the existing negotiation research on affect in negotiation has focused on emotional experience rather than on emotional expression. Yet negotiation studies have shown that emotional expression can occur independently from feelings, making expression worthy of investigation. Marwan Sinaceur and Larissa Tiedens of Stanford University found that negotiators made more concessions when facing counterparts who expressed … Read More 

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In Negotiations with Ben Affleck, No Appealing BATNA

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In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. Having a strong outside alternative enables you to walk away from a deal that doesn’t meet your needs or that would compromise your vision or ethics. But when you are dealing with a negotiating partner who seems irreplaceable, … Read More 

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Hans Brandt

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Jeswald W. Salacuse, Program on Negotiation (2003) Hans Brandt is a short film which presents a dramatized problem for use in courses on negotiation, conflict resolution, management, or leadership. The brevity of the film and the richness of the teaching notes make the film highly adaptable for use in a variety of classroom settings. … Read More 

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Negotiating Skills and Negotiation Tactics: Damage Control in Conflict Resolution

Posted by & filed under Conflict Resolution.

Framing in negotiation, and the negotiating skills and negotiation tactics that go behind effective bargaining, can help not only achieve a negotiator’s goals at the bargaining table, but also can anticipate the fallout or kickback received from parties away from the negotiation table. President Obama’s tax-cut negotiations with Senate Republicans in late 2010 offer cautionary … Read More 

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Overcoming Cultural Barriers in Negotiation: China and the Gold Rush Mentality

Posted by & filed under International Negotiation.

If Chinese culture favors insiders, it stands to reason that outsiders face an uphill battle. In One Billion Customers: Lessons from the Front Lines of Doing Business in China (Free Press, 2005), business executive and Wall Street Journal bureau chief James McGregor writes of the 1996 attempt by Xinhua, the official Chinese news agency, to … 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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Teaching Negotiation Videos – Now Downloadable

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Have you been energized by the unique “aha” moment students experience when video is used in their class? Us too! At the Teaching Negotiation Resource Center we’ve seen increasing demand for our videos as they provide educators with a stimulating launching pad for group discussion. Whether videos are a frequent component in your curriculum, or even if … Read More 

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Saving the Last Dance

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Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin A mediation training video illustrating the non-caucus “Mediation through Understanding” model … Read More 

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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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Example of the Anchoring Effect and the Drawbacks of Goals in Negotiation Scenarios

Posted by & filed under Negotiation Skills.

Goal setting affects performance. In a review of goal-setting research, negotiation scholars Deborah Zetik and Alice Stuhlmacher of DePaul University found that when negotiators set specific, challenging goals, they consistently outperform those who set lower or vague goals. Perhaps not surprisingly, performance improves when negotiators are given rewards for reaching a goal, such as a … Read More 

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Robyn & Luis

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Jeswald W. Salacuse A short dramatized problem regarding a dispute between two corporate officers over the best way to improve company profitability … Read More 

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Deal Making Negotiation Strategies: Short on Cash? Try Bartering

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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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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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Famous Negotiations Cases – NBA and the Power of Deadlines at the Bargaining Table

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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Real World Negotiations Examples: Bargaining for a New Car

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According to a recent report from NPR Morning Edition’s Sonari Glinton, women not only negotiate harder bargains than men when it comes to vehicle purchases, but also they do more extensive preparatory work. Conventional wisdom has always placed the automobile in the realm of the masculine, but the emergence of the prepared and educated female … Read More 

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Negotiation Pedagogy Video Series, Part III

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Sheila Heen and Melissa Manwaring An unscripted video showing an experienced negotiation instructor running and debriefing the “Oil Pricing” exercise, interspersed with excerpts from a post-workshop interview with the instructor … Read More 

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The Differences Between Arbitration and Mediation in Transactional Negotiation

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We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial. Scott R. Peppet, a professor at the University of Colorado School … 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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Conflict Management Training and Negotiation Research: How Nervous Energy Affects Negotiation Scenarios and Attempts at Conflict Resolution

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Negotiation is often characterized as a physiologically arousing event marked by pounding hearts, queasy stomachs, and flushed faces. We might assume that heightened physiological arousal would mar our negotiation performance, but this is only true for some, researchers Ashley D. Brown and Jared R. Curhan of the Massachusetts Institute of Technology found in a new … 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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Arbitration vs Mediation: Teambuilding and Negotiation Skills

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During his years as George H.W. Bush’s Secretary of State, one of James A. Baker, III’s, goals was to encourage the free-market reforms that Communist Party of the Soviet Union General Secretary Mikhail Gorbachev had launched in the late 1980s. One day during his tenure, a high-level Bush administration official commented in the press that … 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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Power in Negotiation: Examples of Being Overly Committed to the Deal

Posted by & filed under Dealmaking.

When you’re more tightly bound to an agreement than your counterpart is, trouble could follow. Manage your escalation of commitment—and level the playing field. Read the following three examples and notice the differing levels of commitment between the two negotiating parties. Consider these three real-life negotiating scenarios: A. An elderly couple put their Boston home up for sale … Read More 

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Water Use

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Evan Thomas Paul and Jessica Agatstein under the direction of Professor Lawrence Susskind This is a six-party, multi-issue negotiation game involving environmental, economic, social, and political interests in a city where the water infrastructure is inefficient and not up to the task of coping with extreme water events.

Parties: 6. Time Req’d: 1-2 hrs. Teaching Notes: Yes. … 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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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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How to Overcome Cultural Barriers to Communication in International Negotiations

Posted by & filed under International Negotiation.

Negotiators faced with the task of bargaining with international counterparts often ask about strategies on how to overcome cultural barriers to communication at the bargaining table. This article draws on findings from negotiation research to offer negotiating skills and negotiation tips for negotiators dealing with counterparts from a different culture or who speak a different … Read More 

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Flooding

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Sarah Hammitt and Jessica Artiles under the direction of Professor Lawrence Susskind An eight-party, environmentally-focused role-play simulation, Flooding deals with an investment firm that is in the final stages of a multi-year planning process for a large, riverside mixed-use development. FEMA recently updated Evantown’s Flood Insurance Rate Map and the development falls within the 100-year floodplain. … Read More 

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

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How does mediation work in a lawsuit? For those new to mediation, we advise you being by getting a list of mediators from a reputable provider agency. You can find these agencies by searching under “dispute resolution” or by inquiring with your organization’s legal department. You should ask the mediators for names of the chief … Read More 

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Integrative Negotiation Examples: Options and Expanding the Pie

Posted by & filed under Dealmaking.

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

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Transboundary Environmental NegotiationNew Approaches to Global Cooperation

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More than 150 international environmental treaties have been adopted since the 1972 Stockholm Conference on the Human Environment first drew global attention to the dangers of transboundary pollution and rapid resource depletion. The elements of a makeshift international treaty-making system have been pieced together, but, according to the authors, … Read More 

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BATNA Examples – Resurrecting a Deal at the Negotiation Table

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What should a business negotiator do when she feels that her BATNA is weak or that the only issues on the bargaining table involve issues of price, or “haggling” scenarios? In this article, the Program on Negotiation offers business negotiation tips for negotiators grappling with a “weak BATNA.” … Read More 

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Win Win Negotiation Example – Change the Name of the Game

Posted by & filed under Dispute Resolution.

Suppose that two businesses have similar sounding names. The similarity is confusing to customers, or could be down the line. One of the businesses decides to do something about it. How can they engage in a successful dispute-resolution process? Two recent conflicts over business names went in different directions. First, a public dispute broke out … Read More 

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Alternative Dispute Resolution Definition and Negotiation Skills: New York Fast-Food Workers Find a Workaround to Protest for Higher Wages

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

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Mediation Lecture Video Series

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Sarah Cobb and Lawrence Susskind Three videos featuring guest lecturers from the “Mediation and Other Facilitative Roles in Dispute Resolution” seminar, offered by the Program on Negotiation: … Read More 

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Successful Negotiation Examples: Emotional Intelligence as a Negotiating Skill and Negotiation Tactic

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The concept of emotional intelligence burst into the cultural imagination in 1995 with the publication of psychologist Daniel Goleman’s bestselling book of the same name. Experts have predicted that scoring high on this personality trait would boost one’s bargaining outcomes and have found many successful negotiation examples using emotional intelligence in their research. After all, … 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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In the Shadow of the City

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Michael Wheeler A simulated mediation between an aid worker and a project funder, featuring Getting to YES co-author Bruce Patton as the mediator … Read More 

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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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Define Dispute Resolution: Understanding Uncertainty, Risk, and Opportunity

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When countries face contending water claims, one of the biggest obstacles to reaching an agreement is uncertainty. Specifically, there are three types of uncertainty: uncertainty of information, uncertainty of action, and uncertainty of perception. In part 2 of this 5 part series, Program on Negotiation faculty member Lawrence Susskind explains the uncertainties facing negotiators trying … Read More 

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Great Negotiator 2004: Ambassador Richard Holbrooke

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Edited by James K. Sebenius and Ellen Knebel Video 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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Great Negotiator 2003: Stuart Eizenstat

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Edited by James K. Sebenius Video featuring excerpts from a discussion with Stuart Eizenstat regarding his efforts negotiating reparations for victims of Nazi Germany … Read More 

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

Posted by & filed under Negotiation Training.

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

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Great Negotiator 2002: Lakhdar Brahimi

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James Sebenius and Kristen Schneeman Video 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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Escalation of a Conflict

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Jeffrey Z. Rubin (featured) and Lavinia Hall A videotaped lecture featuring former PON Executive Director Jeffrey Z. Rubin discussing the elements involved in the development of a conflict, including theories on interdependence and escalation … Read More 

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PON Faculty Member Jeswald Salacuse Cited in Majority and Minority Opinions in the US Supreme Court’s BG Group v. Republic of Argentina

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The US Supreme Court’s decision in BG Group v. Republic of Argentina relied upon insights from PON faculty member Jeswald Salacuse’s The Law of Investment Treaties. Writing for the majority, Associate Justice Stephen Breyer, and writing for the minority, Chief Justice John Roberts, both cite the first edition of the foundational work by Jeswald Salacuse … Read More 

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What is BATNA? Negotiations to Create Win-Win Scenarios in Business

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

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When Spider Webs Unite Five Case Studies of the Third Side in Action

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When Spider Webs Unite is the next work in the evolution of William Ury’s “Third Side” concept. Through a series of case studies, the book illustrates how the “Third Side” becomes operationalized in actual conflict situations. The five case studies, written by Program on Negotiation Graduate Fellows, represent a wide range of conflicts: Native American land … Read More 

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Why Is Sincerity Important? How to Avoid Deception in Negotiation

Posted by & filed under Conflict Resolution.

Why is sincerity important at the bargaining table and how do negotiators avoid deception in negotiations? Your counterpart may not realize that her behavior is unethical, and even when she does, she may justify her behavior as being ethical in this particular case. What unethical behavior? Ethical dilemmas often are more obvious to passive observers than to … Read More 

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Employee Grievances: Most Legal Disputes are Resolved in Litigation or Arbitration?

Posted by & filed under Dispute Resolution.

A common question asked is, “If most legal disputes are resolved in litigation, is there room for arbitration or mediation?” In 2000, Coca-Cola Enterprises (CCE), seeing the surge in employee grievances and litigation in other companies, implemented a revolutionary dispute system they called SOLUTIONS to deal with its own internal disputes. Dispute Systems Design, or DSD, is … Read More 

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Define Negotiation Skills: Trust in Negotiations

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

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Third Side (The) Why We Fight and How We Can Stop

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Also published as Getting to Peace: Transforming Conflict at Home, at Work, and in the World (New York: Viking, 1999) (hardcover) Conflict rages everywhere: at home, at work, in schools, and on the world stage. William Ury presents a new approach for dealing with human conflict based on two decades of research and new anthropological evidence. … 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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Reinventing Congress for the 21st Century A Blueprint for Bringing Participation and Excellence to American Politics

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American politics is broken. With the Cold War won, the economy strong, and democracy triumphant, the United States should be enjoying the taste of victory and the fruits of peace. Instead, we are politically demoralized. At best, lawmakers enact policies of dubious merit. More often, opposing sides simply lock horns and nothing is resolved. No … Read More 

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Planning for Intervention International Cooperation in Conflict Management

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This volume offers a radical and original strategy to change the way the problem of intervention into internal state conflicts is handled by the world community of nations. Planning for intervention examines both the failures and successes of intervention by the international community into the internal conflicts that are plaguing the post cold war world. … Read More 

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Negotiation Theory and Practice

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The past several years have witnessed a dramatic increase in the study and practice of negotiation. Through our association with Negotiation Journal and the Program on Negotiation at Harvard Law School, we have been privileged to witness, and be part of, this growth process. The collection of edited articles presented here, though by no means … Read More 

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Teambuilding Negotiating Skills and Negotiation Tactics Using Negotiation Examples: The Hostage Negotiator’s Drill

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Here are some negotiating skills and negotiation techniques from the world of crisis negotiations: Hostage negotiators stress the importance of discussing the “drill”—goals, ground rules, and operating principles—with their team before beginning talks with a hostage taker. Such negotiation teams are likely to commit to working together as slowly as needed to resolve a standoff. This type of agreement can … Read More 

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How Does Mediation Work in a Lawsuit?

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No one likes to go to court. Not only is it expensive and time-consuming, it often leads to frustrating results and damaged relationships. So is court-sponsored mediation a better route? The answer is “sometimes,” according to a comprehensive study of court-affiliated mediation programs by Roselle L. Wissler of Arizona State University’s College of Law in Tempe. … 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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After the West Coast Ports Conflict, Damage Remains

Posted by & filed under Crisis Negotiations.

No one wants to engage in crisis negotiations. When parties need to hurriedly work out a solution to a shared problem, time is short, tempers are frayed, and the disaster is looming. Feeling they’ve exhausted good-faith bargaining, parties in crisis negotiations may believe they face an impossible choice between caving in to the other side’s … Read More 

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Leadership and Negotiation in the Middle East

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

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Imagine Coexistence Restoring Humanity After Violent Ethnic Conflict

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In the last decade, the world has witnessed a dramatic increase in the number of violent ethnic conflicts worldwide. Imagine Coexistence seeks to explore answers to the questions: What do nations that have been in bloody conflicts do when the shooting stops? How can people who have been engaged in terrorist genocidal wars ever … Read More 

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Integrative Negotiations Examples: Dispute Resolution Through Joint Fact-Finding

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Integrative negotiations examples involve cooperative approaches to the bargaining table in which each side not only seeks to maximize their claim in negotiations but also increase the overall size of the pie of resources to be divided. Here are some dispute resolution techniques drawn from the cooperative world of integrative negotiations for joint-fact finding with … Read More 

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Handbook of Dispute Resolution (The)

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Winner, National Institute for Advanced Conflict Resolution’s 2005 Book Award – A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes … 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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Announcing the 2015 Winners of the PON Paper Prizes

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The Program on Negotiation has awarded Bruno Verdini the 2015 Howard Raiffa Doctoral Student Paper Award for his paper “Charting New Territories Together: Laying the Foundations for Mutual Gains in United States – Mexico Water and Energy Negotiations.” This paper was submitted as his dissertation for the Ph.D. program at the Massachusetts Institute of Technology. Emily Cole Groden … Read More 

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The Leadership Skills of Late Night

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Selecting the right person for a challenging job is often more than just a hiring decision. It’s a negotiation. Doing it well requires exceptional leadership skills. Nowhere is this clearer than in late night television. Last year, Jay Leno left The Tonight Show. In mid-May David Letterman followed suit and in two months, Jon Stewart … Read More 

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Difficult Conversations How to Discuss What Matters Most

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Whether we’re dealing with an under-performing employee, disagreeing with our spouse about money or child-rearing, negotiating with a difficult client, or simply saying, “no,” or “I’m sorry,” or “I love you,” we attempt to avoid difficult conversations every day. No matter how competent we are, we all have conversations that cause anxiety and frustration. This book … Read More 

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Designing Conflict Management Systems A Guide to Creating Productive and Healthy Organizations

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As organizations restructure and social stresses escalate, conflict in the workplace is on the rise. Whether in response to organizational goals such as resolving disputes with customers and clients, systemic problems in hiring and promotion practices, or interpersonal issues between managers, employees, and co-workers, business and government agencies are finding it increasingly more productive — … Read More 

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Example of Negotiation in Daily Life – Giving Feedback in Negotiation Scenarios

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Example of Negotiation in Daily Life – Giving Feedback A Q&A with Sheila Heen, co-author (with Douglas Stone) of the new book, Thanks for the Feedback: The Science and Art of Receiving Feedback Well. We recently interviewed Sheila Heen, lecturer at Harvard Law School, PON Faculty member, and Partner at Triad Consulting Group, about her new book … Read More 

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Negotiation Topics in Business: Six Negotiation Strategies for Integrative Negotiations Involving Haggling

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

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Critical Path to Corporate Renewal, The

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This book describes a comprehensive theory of corporate revitalization that will help managers develop an adaptive organization, one in which people and groups possess the commitment and competence to coordinate effectively. Grounded in the realities of the large corporation, it offers practical advice for CEO’s, line managers, and human resource specialists who seek a genuine … 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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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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Williams v. Northville

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person, non-scorable mediation between a school principal and a parent (with attorneys) regarding a values-based dispute over classroom discussions and materials addressing same-sex couples and their families … Read More 

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Williams Medical Center

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Eileen Babbitt and Lawrence Susskind Five-party negotiation among representatives of pharmacists, physicians, nurses, and administrators to develop recommended changes to the drug prescription policy of a large metropolitan teaching hospital … Read More 

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Weathers and Evans

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Douglas Stone Two-party negotiation between a law firm partner and former associate regarding sexual harassment allegations … Read More 

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Announcing the 2015 PON Summer Fellows

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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 

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Water Woes

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Marjorie Corman Aaron and JAMS/ Endispute Three-person mediation between an architect and a real estate developer over responsibility and compensation for a major construction error … 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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Tulia and Ibad Mediation

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

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Tucker Graphics, Inc. and Nihon Ichiban Technology

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Sean Cote under the supervision of Abram Chayes and Antonia Handler Chayes Three-person mediated or arbitrated settlement conference regarding a contract dispute between a U.S.-based graphics firm and a Japanese digital printer manufacturer … Read More 

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Trademore Personnel

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

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TownCenter.com

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Eric Gould and Michelle Easter Two-party negotiation between a start-up company owner and a marketing firm over the potential sale of an internet domain name … 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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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 

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Theotis Wiley

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

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BATNA Negotiations: Power in Negotiations

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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 

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Terminal Lighting Problems

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Marjorie Corman Aaron and JAMS/ Endispute Two-party integrative negotiation between a contractor and an airport client regarding the delayed installation of lighting fixtures … Read More 

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Tendley Contract

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

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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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Teflex Products

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Lawrence Susskind and James Lawrence Five-party, multi-issue negotiation among representatives of a pharmaceutical company, a medical drug manufacturer, and three consumer organizations over the delayed release of a new drug … Read More 

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Team Meeting

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

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

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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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Summitville Service Agreement

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Patrick Field and Tracy Dyke A two-team (four-party), co-mediated, multi-issue negotiation simulation involving a bitter property tax dispute between a small town and an Indian band living on a nearby reservation … Read More 

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Sue or Settle

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Seth Freeman, John Richardson, and Bruce Patton Four-person, two-party, strategic decision-making exercise to highlight the cost-benefit analysis in determining whether to settle a medical malpractice case or to continue litigation … Read More 

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Student Paper

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Bruce Patton Simple two-party awareness-building negotiation between a student and a professor regarding an assignment submitted after the deadline … 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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Springfield OutFest

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown This is a six-person, non-scorable negotiation simulation focused on mediating values-based legal disputes, specifically disputes involving conflicting views and values regarding homosexuality and religious faith. … Read More 

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Software Return

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

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Siting an Asphalt Plant in the City of Madrona

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Jason Corburn and Lawrence Susskind Six-party, multi-issue negotiation among community representatives, elected leaders, environmental and health experts, and asphalt company regarding siting of an asphalt plant in a racially mixed neighborhood … Read More 

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Seoul Food in Urbana

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David Eun and Bruce Patton Three-person mediation involving representatives of local Korean and African-American communities over racial tensions arising from an alleged shoplifting incident; a city representative serves as the mediator … Read More 

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Sally Soprano II

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

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Salary Negotiation

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Aleza Spalter Two-party negotiation between a supervisor and employee over a possible salary raise in the context of mixed job performance … Read More 

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Rosenberg v. Lincoln Landscaping

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Pat Aaron Three-person small claims mediation between a landscaping company and its client over a disputed bill and quality of service … Read More 

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Announcing the 2015-2016 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships, PON Graduate Research Fellowships, Students.

The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with the PON goal of fostering the development of the next generation of scholars, this program provides support for one year of … Read More 

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Restaurant Rancor

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Ericka Gray Two-party workplace negotiation between two servers over how to fairly divide tips … 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

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

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

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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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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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Powergraphics

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Michael Watkins, Marjorie Corman Aaron and Joshua Weiss Two-party integrative negotiation between business partners concerning the ownership of a new computer program one of them has developed; condensed, non-agent version of PowerScreen Problem … Read More 

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

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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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People v. Malvenue

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Ron Karp and Bruce Patton Two-party plea bargaining negotiation between a prosecutor and the court-appointed defender for a man accused of abusing his wife, who refuses to sign the complaint against him … Read More 

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Dealing with Difficult People? First Look in the Mirror

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We’ve all faced the challenge of dealing with difficult people – those who refuse to give you what you want in negotiation for no clear reason other than sheer stubbornness. But dismissing others as stubborn, irrational, and difficult is typically a mistake. When dealing with difficult employees, clients, customers, and others, the most important step you … Read More 

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Parking Spaces for Super Computer

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

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

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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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Ocean Splash

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

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New Crimea Prison Overcrowding Simulation

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

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Neighborhood Care, Inc.

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Lawrence Susskind and Bruce Patton Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged … Read More 

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Negotiated Development in Redstone

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Lawrence Susskind and John Forester Two-party, two-issue scoreable negotiation between a developer and a neighborhood association representative regarding the development terms of a new condominium project … Read More 

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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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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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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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Mountain View Farm

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Roger Fisher and Andrew Clarkson Two-party, multi-issue integrative negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor’s land … Read More 

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Monroe Energy Assistance Game I

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Allan Morgan and Lawrence Susskind Six-party, four-issue negotiation among representatives of consumer groups, political leaders, and public utilities to develop a statewide energy assistance plan for low-income residents … Read More 

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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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Negotiation Techniques and Negotiation Tips: Diagnose Your Negotiating Style

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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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McMillin – SOS

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Harvard Law School Board of Student Advisors, with refinements by Guhan Subramanian and Melissa Manwaring Two-team, multi-issue negotiation between representatives of a restaurant conglomerate and a neighborhood organization over zoning requirements for a possible fast-food restaurant in a historic university neighborhood … Read More 

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Corruption: The Unaddressed Elephant on the Global Stage

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Global Communication

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

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

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

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March at Drumcree Role Play, The

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Rose Foley, under the direction of David Fairman and Laura Keane Five-party, multi-issue, EU-mediated negotiation between representatives of Catholic and Protestant groups regarding a Protestant marching route through Catholic neighborhoods … 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 …