The following items are tagged PON.

Deal Making: Second-Guessing the Terms of the Deal

Posted by & filed under Dealmaking.

When most of us think about preparing for a negotiation, we consider the substance of the issues under discussion.

Depending on your industry, such issues might include price terms, warranties, liquidated damages clauses, benefits, or wage increases.

By contrast, the negotiation-process issues concern how parties go about resolving the various points that have brought them together in the first place.

In Business Negotiations, First, Build Rapport

Posted by & filed under Business Negotiations.

In February, the news that Facebook would pay an astounding $19 billion to acquire text-messaging start-up WhatsApp caused jaws to drop across the tech world and beyond.

Jan Koum, a Ukrainian immigrant, and his friend Brian Acton launched WhatsApp in 2009 with the goal of creating a text-messaging application that would connect users with family and friends abroad at a low cost. Since its inception, WhatsApp has been ad-free. It now has 450 million global users who pay a 99-cent annual fee for this service.

Maintaining Your Power

Posted by & filed under Conflict Resolution.

Adapted from “You Are Too Powerful for Your Own Good?” by Ann E. Tenbrunsel for the September 2005 issue of Negotiation.

Given the pitfalls of having a position of relative power [LINK], what is a powerful negotiator to do?

By following these steps, you can keep your edge while encouraging cooperative, rather than competitive, behavior.

Conflict Management: Anger – The Good and the Bad

Posted by & filed under Conflict Management.

Most negotiations are “mixed motive” in structure, requiring us both to compete to claim value and to cooperate to create value.

The ability to move back and forth between these two goals is a critical – and difficult – skill to master.

How do emotions affect value creation and claiming?

Researchers Alice Isen and Peter Carnevale found that a positive mood leads to greater value creation.

Meeting Negotiation Challenges in the Repatriation of Native American Museum Collections

Posted by & filed under Daily, Events.

Tlingit Indians line up beside an authentic totem pole in Alaska in 1969.

The passage of the 1990 Native American Graves Protection and Repatriation Act (NAGPRA) fundamentally shifted relationships between museums and Native American tribes. Because it is federal legislation, NAGPRA defines the circumstances, and structure of the negotiation process in the repatriation of sacred objects and other cultural patrimony. Case studies will reveal how outcomes framed within, and beyond, NAGPRA can support restorative justice, educational collaboration, and best negotiation practices for museums and tribes.

Building a Winning Coalition in Negotiations with Iran

Posted by & filed under International Negotiation.

The meeting of the P5+1 (the five permanent members of the United Nations Security Council plus Germany) and Iran last week to discuss Iran’s nuclear ambitions ended on a positive note but left many analysts skeptical of the possibility for substantive change.

Program on Negotiation faculty member James K. Sebenius, writing for Foreign Policy, analyzes the various positions of the P5+1 and Iran and offers an assessment of the various behind-the-table actors and their interests as well as the interests of external actors and groups not a party to the negotiations, but very much influential in the direction of their course.

You Have Less Information Than You Think

Posted by & filed under Business Negotiations.

Most negotiators understand the importance of preparation and will dedicate significant time and energy to analyzing important negotiations in advance.

Chances are, however, that powerful negotiators will undertake less informative and less accurate analyses than their weaker counterparts will.

For instance, in a hypothetical salary raise negotiation, a negotiator may be so confident of her contributions that she will fail to thoroughly investigate several other important factors; the extent to which her boss met his annual sales goals, the relative performance of her peers, or the company’s overall financial health. Clearly all these variables would be relevant to your salary negotiation.

Dealing with Difficult People: The Right Way to Regulate Emotion

Posted by & filed under Dispute Resolution.

Emotional flooding – when strong, specific, and often negative feelings overwhelm us – poses obvious hazards to negotiators, who need to be able to think clearly when faced with the complex, strategically demanding task of creating and claiming value.

For this reason, emotional regulation can be an essential component of negotiation.

But different types of regulation create different results.

Deal Making: What Leads to Renegotiation?

Posted by & filed under Dealmaking.

Renegotiations generally are triggered for one of two reasons: an imperfect contract or changed circumstances.

The goal of any written contract is to express the parties’ full understanding of their deal.

Despite lawyers’ belief in their abilities to capture that agreement in writing, in practice they can only achieve that goal imperfectly, for three reasons.