Learn how to negotiate like a diplomat, think on your feet like an improv performer, and master job offer negotiation like a professional athlete when you download a copy of our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.

Trust

Firm reliance on the integrity, ability, or character of a person or thing. See Also: Relationship Rules and Business Negotiations, Dealmaking: Don’t Wait for Them to Blink, ISIS, International Negotiation, and a Refusal to Communicate.

The following items are tagged Trust

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How To Overcome Cultural Barriers: Overseas Negotiations Advice

Posted by & filed under Business Negotiations.

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

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 

Free Report

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How to Overcome Cultural Barriers in Communication – Apple’s Apology in China

Posted by & filed under Dispute Resolution.

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

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

Posted by & filed under Negotiation Skills.

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

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

Posted by & filed under Conflict Resolution.

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

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

Posted by & filed under Dispute Resolution.

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

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Negotiation Techniques and Negotiation Tips: Diagnose Your Negotiating Style

Posted by & filed under Dispute Resolution.

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

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Leadership Qualities for a Negotiation in Crisis

Posted by & filed under Leadership Skills.

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

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Negotiation Techniques from International Diplomacy: Lessons for Business Negotiators

Posted by & filed under Dealmaking.

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

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

Posted by & filed under Daily, Events.

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

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

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

Mr. Boshko Stankovski

Graduate Research Fellow, Program … Read More 

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

Posted by & filed under Negotiation Skills.

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

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Israeli-Palestinian Process After the Israeli Election: Recalculating the Route

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

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

Moderated by Professor Robert H. Mnookin Samuel Williston Professor of Law Chair, Program on Negotiation Harvard Law School   Monday, March 30 4:00 pm Austin West 111 Harvard Law … Read More 

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The Importance of Sincerity

Posted by & filed under Conflict Resolution.

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

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Google’s Approach to Dispute Resolution

Posted by & filed under Dispute Resolution.

In the face of antitrust charges, Google’s new guiding principle for dispute resolution is “Don’t litigate, negotiate,” according to the Wall Street Journal. In recent years, U.S. and European regulators have accused Google of abusing its dominance in online searches by promoting its own services, such as Google Shopping, at the expense of its competitors’ services. … Read More 

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Dispute Resolution Using Online Mediation

Posted by & filed under Mediation.

Suppose you want to hire a mediator to help you resolve a conflict that you’re having with an individual or a company, but for various reasons, meeting face-to-face would be difficult. Perhaps you and the other party are located in different geographic areas. Maybe your dispute originated in an online transaction, and you’ve never even met. … Read More 

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These Examples Illustrate the Importance of Negotiation in Business

Posted by & filed under Business Negotiations.

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

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Understanding Exclusive Negotiation Periods

Posted by & filed under Dealmaking.

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

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What Makes a Good Mediator?

Posted by & filed under Mediation.

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

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

Posted by & filed under Crisis Negotiations.

Few negotiators can imagine negotiation scenarios more stressful than the kinds of crisis negotiations the New York City Police Department’s Hostage Negotiation Team undertake. But police negotiation techniques employed by the New York City Police Department’s Hostage Negotiations Team (HNT) in high-stakes, high-pressure crisis negotiation situations, outlined in a recent article from Jeff Thompson and … Read More 

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Dealmaking: 5 Tips for Closing the Deal

Posted by & filed under Dealmaking.

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

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Conflict Management: The Challenges of Negotiating Long-Term Concerns

Posted by & filed under Conflict Resolution.

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

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

Posted by & filed under Teaching Negotiation.

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

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Emotion and the Art of Business Negotiations

Posted by & filed under Business Negotiations.

The sale of Picasso’s works by his heirs is fraught with negative emotion. How do negative emotions impact negotiation and behavior at the bargaining table? This article offers negotiation skills insights into how to counter or prevent negative emotions in negotiation. … Read More 

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In “Chinatown” Conflict Resolution, the Dust Clears

Posted by & filed under Conflict Resolution.

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

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The Moral Quandary: Negotiation Exercises Featuring Ethical Dilemmas

Posted by & filed under Teaching Negotiation.

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

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Mediation: Negotiating in the Shadow of Crisis

Posted by & filed under Mediation.

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

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When Family Business Disputes Require Conflict Resolution

Posted by & filed under Conflict Resolution.

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

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Powerful Conflict Resolution Games To Help You Teach Negotiation

Posted by & filed under Teaching Negotiation.

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

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Top 10 Worst Negotiations of 2014

Posted by & filed under Negotiation Skills.

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

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The Limits of Emotional Intelligence as a Negotiation Skill

Posted by & filed under Negotiation Skills.

The concept of emotional intelligence burst into the cultural imagination in 1995 with the publication of psychologist Daniel Goleman’s bestselling book of the same name. Experts have predicted that scoring high on this personality trait would boost one’s bargaining outcomes. After all, the qualities that characterize emotional intelligence—awareness of our emotions and how they affect … Read More 

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Top 10 Best Negotiations of 2014

Posted by & filed under Negotiation Skills.

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

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Negotiation Training: Negotiate Relationships

Posted by & filed under Negotiation Training.

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

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Dealing with Difficult People and Negotiation: When Should You Give Up the Fight?

Posted by & filed under Dealing with Difficult People.

Adapted from “When Should You Give Up the Fight?,” first published in the October 2011 issue of Negotiation. Negotiators often fail to recognize when it’s time to walk away from a dispute – a trap that can squander time, money, and reputations. Receive tens of millions of dollars in a mediated settlement, and you might rightly think … Read More 

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Dismantling a Family Business: Three Brothers, Game Theory, and a Coin Toss

Posted by & filed under BATNA.

The dissolution of a partnership can be fraught with conflict, especially when the business is all in the family. But as Charles V. Bagli recently reported in the New York Times, three New York brothers recently proved that careful planning—and a willingness to trust in fate—can be keys to a peaceful breakup. … Read More 

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The Risks of Taking Dealmaking Off the Table

Posted by & filed under Dealmaking.

On December 7, the news broke that Pierre Korkie, a South African who had been held hostage in Yemen by Al Qaeda, was killed by his guards just hours before his scheduled release due to a botched U.S. attempt to free another hostage. The tragedy suggests the dangers not only of refusing to engage in … Read More 

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Win-Win Negotiations: Negotiating for a Winning Coalition

Posted by & filed under Win-Win Negotiations.

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

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How Case Studies Facilitate Negotiated Agreements

Posted by & filed under Teaching Negotiation.

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

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

Posted by & filed under Dealing with Difficult People.

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

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

Posted by & filed under Business Negotiations.

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

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To Avoid the Need for Dispute Resolution, Plan Ahead

Posted by & filed under Dispute Resolution.

When disputes flare up in business relationships, a failure to thoroughly anticipate and prepare for the future is often to blame. Consider a dispute that has arisen surrounding the estate of Maurice Sendak, the acclaimed children’s book author and illustrator of dozens of books, including the masterpiece Where the Wild Things Are. As Randy Kennedy … Read More 

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

Posted by & filed under Conflict Resolution.

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

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International Negotiation Skills: Before Apologizing, Consider the Culture

Posted by & filed under International Negotiation.

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

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

Posted by & filed under Win-Win Negotiations.

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

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Dealing with Difficult People? Get Your Foot in the Door

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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Bridging the Cultural Divide in International Business Negotiations

Posted by & filed under Business Negotiations.

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

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Difficult Negotiation Going Nowhere? Consider an Apology

Posted by & filed under Dispute Resolution.

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

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Centrism in the Middle East: Myth or Method

Posted by & filed under Events, International Negotiation.

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The Harvard International Negotiation Program, the Harvard Global Health Institute and the Program on Negotiation at Harvard Law School are pleased to co-present:

Centrism in the Middle East: Myth or Method Distinguished Lecture by Najib A. Mikati former Prime Minister of Lebanon with opening remarks by Daniel L. Shapiro Founder and Director, Harvard International Negotiation Program Monday, November 24 12:00 – 1:30 p.m. Austin Hall, Room … Read More 

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

Posted by & filed under Win-Win Negotiations.

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

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Conflict Management and Negotiating When Pride is at Stake

Posted by & filed under Conflict Resolution.

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

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Beware the Domino Effect in International Negotiations

Posted by & filed under International Negotiation.

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

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

Posted by & filed under Dealmaking.

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

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Dealmaking: Don’t Wait for Them to Blink

Posted by & filed under Dealmaking.

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

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ISIS, International Negotiation, and a Refusal to Communicate

Posted by & filed under International Negotiation.

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

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Negotiation Skills: Negotiating to Give Good Advice

Posted by & filed under Negotiation Skills.

Many of us advise others on the job yet fail to plan adequately for this responsibility. Set up a strong relationship by negotiating your role as advisor. Name-calling, backstabbing, and turf wars erupted among President Barack Obama’s civilian and military advisors in 2009, as he tried to devise a strategy for ending the war in … Read More 

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Negotiation Skills: Which Negotiating Style Is Best?

Posted by & filed under Negotiation Skills.

Is one negotiating style “better” than another? Most research suggests that negotiators with a primarily cooperative style are more successful than hard bargainers at reaching novel solutions that improve everyone’s outcomes. Negotiators who lean toward cooperation also tend to be more satisfied with the process and their results, according to Weingart. At the same time, … Read More 

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Conflict Management: The Lasting Influence of Emotions

Posted by & filed under Conflict Resolution.

Psychologists have long known that an emotion triggered in one realm—anger over an argument at home, for example—can affect how we behave in a subsequent situation, including a negotiation. Such incidental, or unrelated, emotions might influence how fully we trust someone or how much we’re willing to pay for a product. Incidental emotions can even … Read More 

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Conflict Resolution: When Forgiveness Seems Elusive

Posted by & filed under Conflict Resolution.

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

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Negotiation Skills: Threat Response at the Bargaining Table

Posted by & filed under Negotiation Skills.

When someone issues a threat or an ultimatum, take a step back and diagnose the problem. Consider how you would respond to threats and ultimatums such as these during negotiation. In the face of such tough talk, should you strike back with a counterthreat? Probably not. Because counterthreats raise the emotional temperature of a negotiation, … Read More 

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Dealmaking Negotiations: How to Build Trust at the Bargaining Table

Posted by & filed under Dealmaking.

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

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Conflict Management Techniques: Should You Take Your Dispute Public?

Posted by & filed under Conflict Resolution.

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

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How to Deal When the Going Gets Tough

Posted by & filed under Conflict Resolution.

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

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Negotiators: Guard Against Ethical Lapses

Posted by & filed under Negotiation Skills.

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

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Cooperation in Congress? Liberals and Libertarians Polish Their Negotiation Skills

Posted by & filed under Negotiation Skills.

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

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In International Negotiations, Memories of “Mr. Yes”

Posted by & filed under International Negotiation.

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

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In Conflict Resolution, Fairness Concerns Loom Large

Posted by & filed under Conflict Resolution.

On June 30, compensation expert Kenneth R. Feinberg unveiled a plan to give restitution to victims of accidents related to the fatal ignition flaw in 2.6 million General Motors vehicles. The plan—designed to be as generous as other compensation plans Feinberg has overseen, including payouts to victims of the 2013 Boston Marathon bombings—is part of … Read More 

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In Career Dealmaking, Strike the Right Balance

Posted by & filed under Dealmaking.

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

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Conflict Management: Mediation Used in Dispute Resolution Over Art Museums

Posted by & filed under Mediation.

Two art museums have been at the center of disputes involving their host cities, Detroit, Michigan, and North Miami, Florida. In both cases, the question of who owns the museums’ collections and the museums themselves is at stake. Also in both cases, the interested parties have turned to mediation to break the impasse. Beginning in Detroit, … Read More 

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In Dispute Resolution, Change the Game—and the Name

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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For Steve Ballmer, Negotiation Skills Go on the Back Burner

Posted by & filed under Negotiation Skills.

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

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Dealmaking: What About the Fine Print?

Posted by & filed under Business Negotiations.

Choosing the right words for your contract is a negotiation in itself. Five guidelines will help you achieve greater precision. When negotiators sign on the dotted line, they sometimes worry about the wrong concerns. “Did I overpay?” wonders the buyer as he inks the sales agreement. Across the table, the seller is thinking, “I bet if I’d pushed … Read More 

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With No Good BATNA, Police Negotiators Accept Texts

Posted by & filed under BATNA.

In their training, police and professional hostage negotiators are taught skills that will help them defuse tense situations over the course of long phone calls, such as engaging in active listening, determining the person’s emotions from his or her inflection, and trust building. These crisis negotiators are being put to the test by young criminal suspects … Read More 

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In Mediation, Set Conditions with Care

Posted by & filed under Mediation.

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

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Low-Drama Negotiation Skills at the “Late Show”

Posted by & filed under Negotiation Skills.

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

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In Business Negotiations, First, Build Rapport

Posted by & filed under Business Negotiations.

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

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You Aren’t Invincible

Posted by & filed under Conflict Resolution.

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

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

Posted by & filed under International Negotiation.

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

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

Posted by & filed under Dealmaking.

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

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Top Ten Business Deals of 2013: Yahoo buys Tumblr

Posted by & filed under Dealmaking.

When you know little about the asset at stake or the context, it makes sense to hire experts to do your negotiating for you—as long as you carefully monitor their work, align their financial incentives as closely as possible with your interests, and question their advice. … Read More 

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

Posted by & filed under Business Negotiations.

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

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Dealmaking: Why It’s Tempting to Trust Your Gut

Posted by & filed under Dealmaking.

In his best-selling novel Blink, Malcolm Gladwell scans the psychological literature and uncovers fascinating nuggets of knowledge. He describes people who can assess the integrity of a work of art within seconds, predict the likelihood that a couple will get divorced based on a short conversation, and assess their romantic interest in another on a “speed … Read More 

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Mediation: Choosing the Right Mediator

Posted by & filed under Mediation.

When choosing a mediator, keep in mind that you need not accept the proposals that he makes. In other words, you have total power to prevent mediation from leading to undesirable outcome. As a result, the only risk of mediation is that you will spend time and money without reaching agreement. Indeed, one Fortune 100 … Read More 

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What If We Have the Same Social Motive at the Bargaining Table?

Posted by & filed under Dealmaking.

When two people share the same motive, they fall prey to the same flaws and reinforce each other’s failings. Consider a labor negotiation in which the chief management negotiator withholds information about revenue projections, while the labor leader holds back details about workforce sentiment. Impasse is the predictable result. When you’re negotiating with a fellow … Read More 

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The Deal is Done – Now What?

Posted by & filed under Conflict Resolution.

At last, the deal is done. After 18 months of negotiation, eight trips across the country, and countless meetings, you’ve finally signed a contract creating a joint venture with a Silicon Valley firm to manufacture imaging devices using your technology and their engineering. The contract is clear and precise. It covers all the contingencies and has … Read More 

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South Korea Shows Off Savvy Negotiation Skills

Posted by & filed under Business Negotiations.

In negotiation, a combination of several negotiation skills and tactics may be needed to break past a difficult impasse. A recent protracted negotiation between North Korea and South Korea provides a case study. In April, North Korea abruptly removed its workforce from the Kaesong Industrial Complex, a joint venture it launched within its borders nine years … Read More 

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Negotiation Training: What’s Special About Technology Negotiations?

Posted by & filed under Negotiation Training.

Executives are increasingly faced with the task of negotiating in a realm that many know little about: technology. Whether you’re bargaining over the purchase of a companywide network, coping with the possible infringement of patented technology, or seeking better customer service from a software supplier, technology negotiations have become a fact of managerial life. How do … Read More 

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For Better Negotiation Training, Study the U.S. Government’s Mistakes

Posted by & filed under Negotiation Training.

Business professionals seeking to improve their negotiation training can learn a great deal from the mistakes made in newsworthy negotiations. To take one recent example, Steven M. Davidoff of the New York Times’ “DealBook” recently analyzed how the U.S. governments rushed negotiations to save U.S. automaker Chrysler led to a costly long-term problem. … Read More 

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Choosing When to Choose

Posted by & filed under Negotiation Skills.

When it comes to negotiation, the more choices on the table, the better your outcomes will be – right? Not necessarily. An excess of options can stand in the way off efficient agreements and, moreover, prevent you from being satisfied with the final result. … Read More 

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Satisficing and Negotiation

Posted by & filed under Business Negotiations.

It stands to reason that devoting less time to relatively unimportant choices should free you up for more meaningful pursuits and increase your overall satisfaction. But how does the concept of satisficing apply to your most important decisions and negotiations? … Read More 

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Deal Making Without a Net: Yahoo’s Tumblr Acquisition

Posted by & filed under Dealmaking.

On May 19, Internet company Yahoo announced that it was purchasing the blogging service Tumblr for about $1.1 billion in cash. The acquisition could put a fresh face on the aging Internet company and provide it with a profitable revenue source—or it could turn out to be another instance of the Web pioneer overpaying for … Read More 

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Beyond the Bottom Line

Posted by & filed under Negotiation Skills.

What do people value when they negotiate? Research by Professors Jared R. Curhan and Heng Xu of MIT’s Sloan School of Management and Hillary Anger Elfenbein of Berkeley’s Haas School of Business provides useful insights concerning this basica question. Using survey data collected from everyday negotiators and filtering it through a sorting procedure conducted by negotiation … Read More 

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

Posted by & filed under Negotiation Skills.

Preparation. Practice. Persistence. Those qualities make for a good firefighter, and as Nantucket Firefighter Nate Barber learned from working with Harvard Negotiation and Mediation Clinical Program (HNMCP) students, they also make for a good negotiator. As a member of Nantucket’s Local 2509 of the International Association of Firefighters and a former undergraduate negotiation student at Boston … Read More 

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Trust in Negotiations

Posted by & filed under Negotiation Skills.

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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Negotiation Design Dimensions: A Checklist

Posted by & filed under Negotiation Skills.

Here the Program on Negotiation offers a checklist of negotiation design categories. Whether your overall negotiation design is decide-announce-defend (DAD) or full-consensus (FC), or a hybrid of both, raising these issues is usually preferable to falling into a set of important decisions by default. … Read More 

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Plant a Trust Land Mine

Posted by & filed under Negotiation Skills.

In any negotiation, you’re likely to have information about the other party or about the deal (industry facts, economic health, new products, and so on) that the other party might not know you have. … Read More 

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We Have a Deal, Now What Do We Do: Three Negotiation Tips on 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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A Better Approach to Decision Making

Posted by & filed under Negotiation Skills.

When you’re making important decisions during a negotiation and have the luxury of time, what’s the alternative to Blink? Should you completely ignore your rapid cognitions? In the article “Strategies for Negotiating More Rationally,” we described University of Toronto professor Keith Stanovich and James Madison University professor Richard F. West’s distinction between System 1 and System … Read More 

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A Tale of Two Matching Rights

Posted by & filed under Business Negotiations.

In March 2005, German powerhouse SAP agreed to buy Retek, a small company that offered information management software, for $8.50 a share. The deal included a matching right in which Retek committed to negotiate exclusively with SAP for five days if it received a “superior offer.” The matching right didn’t scare away Oracle, SAP’s archrival, … Read More 

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Self-Analysis and Negotiation

Posted by & filed under Negotiation Skills.

“Separate the people from the problem,” advises the best-selling negotiation text Getting to Yes. That’s certainly good counsel when tempers flare and bargaining descends into ego battles, but it’s a mistake to ignore the psychological crosscurrents in negotiation. Unless they are addressed, a deal may never be reached. … Read More 

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Keeping the Game Out of Court

Posted by & filed under Business Negotiations.

Sometimes those on opposite sides of a bitter dispute can achieve great gains – if only they can spot the ways in which they are similar. In 2001, the Metropolitan Intercollegiate Basketball Association (MIBA), an organization of five New York-area colleges best known for staging college basketball’s National Invitation Tournament, filed a lawsuit against the National … Read More 

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Fickle Intuition

Posted by & filed under Negotiation Skills.

Placing Trust in Others When it comes to trusting others, negotiators often rely on their gut instincts. Recent studies indicate, however, that extraneous factors can sway such judgments. For example, Michael Kosfeld and other University of Zurich researchers introduced a twist in a classic trust game in which subjects must decide on how much money to invest when … Read More 

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Negotiation Tips: A Value-Creation Checklist

Posted by & filed under Negotiation Skills.

By following these tips in your next negotiation, you’ll improve your chances of meeting everyone’s interests. Before you sit down at the bargaining table, imagine a wide-range of options and packages, including some that may seem far-fetched. When talks begin, remember that getting down to business too quickly can stand in the way of building trust. Emphasize to … Read More 

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Negotiating the Fiscal Crisis

Posted by & filed under Negotiation Skills.

How can we avert a full-throttle drive over the fiscal cliff? Despite some promising signs of movement on both sides of the aisle, the current negotiation approach – positional bargaining – is bound to bring us dangerously close to the edge. … Read More 

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Are You an Overconfident Negotiator?

Posted by & filed under Business Negotiations.

In 1901, J.P. Morgan wanted to buy the Carnegie Steel Company from its founder, Andrew Carnegie. Carnegie was 65 years old and considering retirement. As Harold C. Livesay recounts in his book Andrew Carnegie and the Rise of Big Business (Little, Brown, 1975), when Carnegie finally decided he was ready to sell, he jotted down his … Read More 

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Overconfidence About Future Failure or Success: Limiting Strategic Miscalculation in Business Negotiations

Posted by & filed under Negotiation Skills.

Over-precision doesn’t necessarily lead us to think we’re better negotiators than we actually are. Rather, it causes us to trust our initial instincts too much. Sometimes we’re actually overconfident that we’ll perform worse than others. This tendency applies to competitive situations, including negotiation. Those who underestimate their ability to be competitive usually will choose to stay out … Read More 

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Measuring the Cost of Betrayal Aversion

Posted by & filed under Conflict Resolution.

Richard Zeckhauser and Program on Negotiation faculty member Iris Bohnet have found that negotiators leave substantial amounts of money on the table due to betrayal aversion. They conducted experiments in which they compared people’s willingness to take risks in two decision situations. The first situation is a lottery whose outcome is based on chance. Participants … Read More 

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Water Diplomacy: Using a Creative Approach

Posted by & filed under Dispute Resolution.

The case of Jordan and Israel shows how even countries at war can negotiate a water agreement if it is framed in non-zero sum terms and trust continues to be built over time. And that is not the only case of a treaty that has succeeded against all odds to bridge conflicting water interests; the … Read More 

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Water Diplomacy: Value Creating Approachs to Water Negotiation

Posted by & filed under Conflict Resolution.

Zero-sum thinking emerges when people conceive of water as a fixed resource – one provided by nature in a given quantity that is either static or diminishing. Based on these assumptions, diplomats often focus on what share of the existing water will be given to each entity. Negotiations of this type typically involve decision makers … Read More 

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Water Diplomacy: The Role of Science in Water Diplomacy

Posted by & filed under Conflict Resolution.

Scientific and technical knowledge is important in water negotiations, but not in the ways it has often been used. It is counterproductive to use scientific information to justify arbitrary (political) decisions. For example, scientific information about water has increased dramatically over the last several decades, but our ability to manage water resources has not improved … Read More 

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Water Diplomacy: Understanding Uncertainty, Risk, and Opportunity in Water Management

Posted by & filed under Dispute Resolution.

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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Water Diplomacy: Creating Value and Building Trust in Transboundary Water Negotiations – Israel and Jordan, From War to Water Sharing

Posted by & filed under Conflict Resolution.

Most difficulties in water negotiations are due to rigid assumptions about how water must be allocated. When countries (or states) share boundary waters, the presumption is that there is a fixed amount of water to divide among them, often in the face of ever-increasing demand and uncertain variability. Such assumptions lead to a zero-sum mindset, … Read More 

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Roger D. Fisher, 1922-2012

Choosing to Help

Posted by & filed under Negotiation Skills.

It is the spring of 1997 and I am sitting in Pound 107 while Roger Fisher ’48, Williston Professor of Law, Emeritus, is telling a story about his serving as a weather reconnaissance pilot in World War II. As a teaching assistant for the Negotiation Workshop, I have heard the story at least a dozen … Read More 

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What Constitutes an Apology?

Posted by & filed under Conflict Resolution.

Psychologists Bruce Darby and Barry Schlenker at the University of Florida have defined apologies as “admissions of blameworthiness and regret for an undesirable event.” In negotiation, such undesirable events might include betraying a counterpart’s trust, making a disparaging remark about him, or falling through on a promise. … Read More 

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What Can an Apology Do?

Posted by & filed under Conflict Resolution.

Following a violation, negotiators become less cooperative, less trusting, more upset, and more likely to retaliate against the perceived perpetrator. An apology can reverse the damage. … Read More 

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When an Apology is Most Effective

Posted by & filed under Conflict Resolution.

Some researchers have found that the most effective type of apology depends on the nature of the mistake made. In a study by Peter Kim of the University of Southern California, Cecily Cooper of the University of Miami, Kurt Dirks of Washington University, and Donald Ferrin of Singapore Management University, participants assumed the role of a … Read More 

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Negotiating for Continuous Improvement: Offer Ongoing Negotiation Coaching

Posted by & filed under Negotiation Skills.

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

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How Mood Affects Negotiators

Posted by & filed under Conflict Resolution.

What are social psychologists learning about the connections among emotions, negotiation, and decision making? Negotiation contributor Jennifer S. Lerner of Harvard Kennedy School and her colleagues have identified two critical themes. First, they have studied the carryover of emotion from one episode, such as a car accident, to an unrelated situation, such as a workplace … Read More 

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Getting Off on the Wrong Foot

Posted by & filed under Conflict Resolution.

Sometimes negotiators get off on the wrong foot. Maybe you and your partner had a different understanding of your meeting time, or one of you makes a statement that the other misinterprets. Such awkward moves at the beginning of an interaction can lead one party to question the other side’s motives. In a recent article, Robert … Read More 

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Rapport Comes First

Posted by & filed under Conflict Resolution.

How is it that mediators – who themselves lack any power to impose a solution – nevertheless often lead bitter disputants to agreement? Substantive expertise helps, as does keen analytic skill. According to a recent survey by Northwestern University law professor Stephen Goldberg, veteran mediators believe that establishing rapport is more important than employing specific techniques … Read More 

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Corporate Stakeholder Engagement and Mineral Extraction in Colombia

Posted by & filed under Dispute Resolution, MIT-Harvard Public Disputes Program.

I want to make four simple points regarding corporate social responsibility 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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Mediating Better Community Relations in New Orleans

Posted by & filed under Mediation.

On May 14, Susan Hutson, the independent police monitor for the city of New Orleans brought together community stakeholders and police officials to help formulate a program that would allow police officers and citizens to mediate minor disagreements, the New Orleans Times-Picayune reports. Aided by a professional mediator, citizens and officers would sit face to … Read More 

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Negotiation Myths, Exposed

Posted by & filed under Negotiation Skills.

In her book, The Mind and Heart of the Negotiator, Leigh Thompson cites four widely held myths that bar negotiators from improving their skills. This analysis is worth the attention of anyone who wants to move beyond platitudes to a deeper understanding of negotiation. Myth 1: Great negotiators are born. While we’re all born with varying abilities … Read More 

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Speaking the Same Language

Posted by & filed under Negotiation Skills.

Negotiators can find themselves talking past each other for hours, even days. Then suddenly something happens – a breakthrough. The parties begin conversing on a different plane, one that reveals solutions to problems that had seemed intractable. … Read More 

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Leading Horses to Water

Posted by & filed under Negotiation Skills.

The hardest step in negotiation is often the first. Costly lawsuits can drag on it everyone is afraid to be the first to blink. Prospective buyers and sellers can waste endless hours dancing around a possible deal. And in collective bargaining, labor and management teams sometimes paint themselves into corners by refusing to negotiate “matters … Read More 

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Accounting for Outsiders in Your Negotiations

Posted by & filed under Negotiation Skills.

If you’re in the middle of talks that seem to be going well, here’s a warning: consider the impact of the agreement on those who aren’t at the table, or suffer the consequences. That’s a lesson that Apple and some of the largest U.S. book publishers are currently learning the hard way. On April 12, the … Read More 

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Trusting Truth: The Path to Avoiding Gridlock in Public Dialogue

Posted by & filed under International Negotiation, The Kelman Seminar.

“Trusting Truth: The Path to Avoiding Gridlock in Public Dialogue” with Ron Suskind

, A.M. Rosenthal Writer-in-Residence, Shorenstein Center on the Press, Politics and Public Policy,

Kennedy School of Government Date: Monday, April 23, 2012Time: 4:00-6:00 PM Where: CGIS South S-250, 1730 Cambridge Street Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu) Speaker Bio: Ron Suskind is the A.M. Rosenthal Writer-in-Residence. One of the … Read More 

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2012 Great Negotiator Award event will honor former Secretary of State James A. Baker, III on March 29th

Posted by & filed under Great Negotiator Award, International Negotiation, News.

The Program on Negotiation (PON) at Harvard Law School and the Future of Diplomacy Project at Harvard Kennedy School (HKS) will jointly honor former U.S. Secretary of State James A. Baker, III with the 2012 Great Negotiator Award on Thursday, March 29, 2012, at the Ames Courtroom, Austin Hall, Harvard Law School. The Great Negotiator Award … Read More 

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Moving Forward in Mediation Together

Posted by & filed under Mediation.

The teacher’s federation has qualms with the current education bill’s stipulations regarding the scheduling and terms for mediation between the federation and provincial government. The government is open to further negotiations, but refuses to offer more money. Susan Lambert, president of the British Columbia Teacher’s Federation, asserts that the government is acting in bad faith, … Read More 

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Planting the Seeds of Peace

Posted by & filed under Middle East Negotiation Initiative, Negotiation Skills.

Tucked away in an idyllic corner of Maine is a summer camp that features many traditional American activities: singing around bonfires, flag raising ceremonies, Color Wars, and chilly dips in the lake. Less ordinary, however, are the daily dialogue sessions, where Israeli and Palestinian campers heatedly discuss their identities, homelands, politics, and pain. Meet Seeds of … Read More 

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Closing the Deal is Only the Beginning of the Endgame

Posted by & filed under Negotiation Skills.

Often it is the relatively small details of an agreement that can cause the most consternation in negotiation. When viewed in light of the big picture, these details can be of minor importance, but while in the heat of the action they can become points of contention capable of derailing the process altogether, especially if … Read More 

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To Improve Your Negotiation Skills, Choose the Right Partner

Posted by & filed under Negotiation Skills.

Tensions between the Humane Society of the United States and United Egg Producers have existed for more than a decade. When the two sides are asked why they don’t come together to negotiate their differences, each answers that the other is someone with whom negotiation is difficult if not impossible. Often it is those parties … Read More 

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Get Time on Your Side

Posted by & filed under Negotiation Skills.

When negotiators can’t manage to resolve a final sticking point, time can be one of the best tools at your disposal. How can you use time to move forward? First, and perhaps most obviously, take a break from talks. That might mean adjourning until the next day, next week, or even longer. In negotiation, a pause … Read More 

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Trying to Forgive and Move Forward

Posted by & filed under Conflict Resolution, Dispute Resolution.

In business negotiations, when a counterpart apologizes for harming or offending you, should you forgive and move forward? What if doing so seems impossible? In a chapter in The Negotiator’s Fieldbook (American Bar Association, 2006), Ellen Waldman and Frederic Luskin write that forgiveness isn’t an essential component of negotiation; you may be able to get to … Read More 

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Negotiate How You’ll Negotiate

Posted by & filed under Negotiation Skills.

When a negotiation ends, our satisfaction with the final outcome doesn’t depend solely on how much we objectively gained or lost, according to research by Jared Curhan and Hen Xu of Massachusetts Institute of Technology and Hillary Anger Elfenbein of the University of California at Berkeley. In fact, negotiator satisfaction hinges on four factors: our … Read More 

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Negotiate your role as advisor

Posted by & filed under Business Negotiations.

Whether you spend most or just a fraction of your workday advising others, it pays to reconsider how you approach your advisees, writes Tufts University professor Jeswald W. Salacuse in his book The Wise Advisor: What Every Professional Should Know About Consulting and Counseling (Praeger, 2000). When advisors and their clients clash over expectations and … Read More 

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Are you really an ethical negotiator?

Posted by & filed under Negotiation Skills.

Are you more ethical than your coworkers? If you’re like most people, you answered yes. Lisa L. Shu and Max H. Bazerman of Harvard Business School and Francesca Gino of the University of North Carolina found in their research that most people think they’re more honest and trustworthy than average. What’s more, through a process … Read More 

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When not to show your hand

Posted by & filed under Negotiation Skills.

In all your negotiations, you must calculate the risks and rewards of sharing information with your counterpart. Here, we consider four types of information that may be best kept under wraps: sensitive or privileged information, information that isn’t yours to share, information that diminishes your power, and information that may fluctuate. Fearful of being hurt by … Read More 

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Why your lawyer could be wrong about apologies

Posted by & filed under Conflict Resolution.

If you’ve ever had a minor car accident in which neither you nor the other driver was obviously at fault, familiar advice may have run through your head as you got out of your car: Don’t say you’re sorry! Don’t say you’re sorry! Most of us have been cautioned in such contexts that an apology can … Read More 

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Professor Susskind talks negotiation obstacles

Posted by & filed under Business Negotiations.

Q&A with Professor Susskind, MIT’s Ford Professor of Urban and Environmental Planning, and Vice Chair of the Program on Negotiation at Harvard Law School Q: You’ve taught for years about overcoming organizational obstacles. What are the most common roadblocks to effective negotiations? Typically, obstacles occur at all four stages of the negotiation process. First is the preparation … Read More 

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Avoid conflict and broken trust

Posted by & filed under Conflict Resolution.

While negotiations are inherently risky, there are proven ways to reduce risk and improve your odds of success. To do so, you must focus on the very basis of your relationship with the other party: trust. Think about a time when you lost trust in a fellow negotiator. Did you try to renegotiate the terms of … Read More 

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Teaching kids how to negotiate world peace

Posted by & filed under Negotiation Skills.

The Program on Negotiation Film Series recently screened “World Peace and Other 4th-Grade Achievements,” a documentary film that follows John Hunter, a public school teacher in Virginia, and his class of fourth graders as they play a highly interactive game called the “World Peace Game.“  Hunter invented this game to teach principles of peace and … Read More 

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Are you asking enough questions?

Posted by & filed under Negotiation Skills.

At the time of the final presidential debate between President Jimmy Carter and challenger Ronald Reagan during the 1980 election campaign, the U.S. economy was tanking and the Iranian hostage crisis smoldering. Ronald Reagan used his concluding statement of the debate to address a string of questions to the nation that highlighted Carter’s vulnerabilities: “Are … Read More 

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The Shalit Deal: Opportunities for Negotiators

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

Last weekend’s violent deal between Israel and Islamic Jihad In Gaza was interpreted by some as proof that the Gilead Shalit prisoner exchange compromised Israeli security. Beyond these recent events it is indeed clear, as Professor Robert H. Mnookin and others warned, that the Shalit deal generated numerous risks for Israel, the Palestinian Authority, and … Read More 

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Capitalize on negotiator differences

Posted by & filed under Negotiation Skills.

Adapted from “What Divides You May Unite You,” by James K. Sebenius (professor, Harvard Business School), first published in the Negotiation newsletter, July 2005. Some years ago, an English property development firm had assembled most of the land outside London that it needed to build a large regional hospital. Yet a key parcel remained, and its … Read More 

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Let your reputation precede you

Posted by & filed under Business Negotiations.

Adapted from “Want the Best Deal Possible? Cultivate a Cooperative Relationship,” by Catherine H. Tinsley (professor, Georgetown University) and Kathleen O’Connor (professor, Cornell University), first published in the Negotiation newsletter, December 2006. 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 … Read More 

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Negotiating the Distance Between You

Posted by & filed under Negotiation Skills.

Adapted from “How to Negotiate When You’re (Literally) Far Apart,” by Roderick I. Swaab (professor, INSEAD) and Adam D. Galinsky (professor, Northwestern University), first published in the Negotiation newsletter, February 2007. Growing economic globalization offers a multitude of new opportunities yet often necessitates alternatives to face-to-face meetings, such as phone calls, e-mails, videoconferences, or instant messages. … Read More 

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How facial expressions affect trust

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Negotiating with All Your Senses,” first published in the Negotiation newsletter, December 2010. When we’re deciding whether to trust a counterpart, his facial expressions matter a great deal, suggests a study by Jeroen Stouten of the University of Leuven, Belgium, and David De Cremer of the Rotterdam School of Management, the Netherlands. In … Read More 

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Bargaining with the Devil:
Strategies and Techniques for Negotiating with Tough Opponents

Posted by & filed under Daily, Events.

Bargaining with the Devil A PON Webinar with Professor Robert Mnookin Samuel Williston Professor of Law, Harvard Law School Chair, Program on Negotiation Executive Committee Date: Tuesday, October 4, 2011 Time: 1:00 PM to 2:15 PM ET .

  About the Webinar: From the NFL to state governments, negotiation is in the news these days.  The issues are vastly different, but these two negotiations have one … Read More 

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The link between happiness and negotiation success

Posted by & filed under Daily, Negotiation Skills.

Adapted from “How Mood Affects Negotiator Trust,” first published in the Negotiation newsletter, September 2006. Social psychologists are learning a great deal about the connections among emotions, negotiation strategies, and decision making. Negotiation contributor Jennifer S. Lerner of Carnegie Mellon University and her colleagues have identified two critical themes. First, they have studied the carryover of … Read More 

Daily

Defend yourself against deception

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Are You Prepared for Dirty Tricks?” first published in the Negotiation newsletter, August 2010. Should you simply refuse to negotiate with someone you know has lied to you? Consider the results of a 1998 survey of 750 MBA students by researchers Robert J. Robinson, Roy J. Lewicki, and Eileen M. Donohue. Most of the … Read More 

Daily

Have you chosen the right counterpart?

Posted by & filed under Business Negotiations, Daily.

Adapted from “Reach Your Target with Backward Mapping,” first published in the Negotiation newsletter, March 2010. Here’s the problem: Your negotiation seems to be over before it has begun. Your targeted counterpart is refusing to sit down with you or simply ignoring your requests. How can you get her to see that she would benefit from … Read More 

Daily

Should you deal with the devil?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Should You Do Business with the Enemy?” first published in the Negotiation newsletter, March 2010. At one time or another, most of us have faced the prospect of negotiating with a sworn enemy—whether a “greedy” sibling, an “evil” ex-spouse, or an “immoral” company. There is no right or wrong answer to the question … Read More 

Daily

When emotions linger

Posted by & filed under Daily, Negotiation Skills.

Adapted from “The Lasting Influence of Emotions,” first published in the Negotiation newsletter, April 2010. Psychologists have long known that an emotion triggered in one realm—anger over an argument at home, for example—can affect how we behave in a subsequent situation, including a negotiation. Such incidental, or unrelated, emotions might influence how fully we trust someone … Read More 

Daily

When irrationality isn’t the issue

Posted by & filed under Business Negotiations, Daily.

Adapted from “Is Your Counterpart Rational . . . Really?” by Deepak Malhotra (professor, Harvard Business School), first published in the Negotiation newsletter, March 2006. How can you negotiate with someone who seems irrational? First, by questioning whether it is reasonable for you to judge your counterparts as irrational. As it turns out, behavior that negotiators … Read More 

Daily

Negotiation skills can help when trying to mend a friendship

Posted by & filed under Dispute Resolution.

Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. In a recent Wall Street Journal article, Daniel Shapiro, Associate Director of the Harvard Negotiation Project and a faculty affiliate with the Program on Negotiation, offers some suggestions on how negotiation skills can be used … Read More 

Daily

Negotiation tactics in the spotlight as debt ceiling debate continues

Posted by & filed under Daily, Negotiation Skills.

The lack of progress on the debt ceiling negotiations has raised serious concerns that an agreement will not be reached before the August 2nd deadline.  How have the negotiations gotten so derailed? In a recent interview on Radio Boston, Professor Robert Bordone, director of the Harvard Negotiation and Mediation Clinical Program, suggested that one of the … Read More 

Daily

Why “thinking” trumps “blinking”

Posted by & filed under Daily, Negotiation Skills, Uncategorized.

Adapted from “In Negotiation, Think Before You ‘Blink’,” by Max H. Bazerman (professor, Harvard Business School), first published in the Negotiation newsletter, October 2006. Most experienced negotiators trust their instincts. They believe they can identify a good business opportunity within five minutes. They think they can quickly assess whether a salesperson is honest. And if … Read More 

Daily

The Value of Satisfaction

Posted by & filed under Negotiation Skills.

What do people value when they negotiate? Research by professors Jared R. Curhan and Heng Xu of MIT’s Sloan School of Management and Hillary Anger Elfenbein of Berkeley’s Haas School of Business provides useful insights concerning this basic question. Using survey data collected from everyday negotiators and filtering it through a sorting procedure conducted by negotiation … Read More 

Daily

Learn More from Your Proposals

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Lessons from Abroad: When Culture Affects Negotiating Style,” by Jeanne M. Brett (professor, Northwestern University) and Michele J. Gelfand (professor, University of Maryland), first published in the Negotiation newsletter, January 2005. Imagine that you have identified a great opportunity to expand your business by negotiating a joint venture with another company. You need … Read More 

Daily

Sad Negotiators, Poor Outcomes?

Posted by & filed under Conflict Resolution, Daily.

Adapted from “How Mood Affects Negotiator Trust,” first published in the Negotiation newsletter, September 2006. In recent years, social psychologists have begun to explore connections among emotions, negotiation, and decision making. Negotiation contributor Jennifer S. Lerner of Carnegie Mellon University and her colleagues have identified two critical themes. First, they have studied the carryover of emotion … Read More 

Daily

Unlocking Labor Disputes

Posted by & filed under Conflict Resolution, Daily.

Adapted from “How the Writers Got Back to Work,” first published in the Negotiation newsletter, May 2008. When labor talks reach a stalemate, negotiators may be able to get back on track by avoiding extreme demands, thinking carefully about the other side’s point of view, negotiating in smaller groups, and enlisting the help of a neutral … Read More 

Daily

Bargaining with the Devil:
Strategies and Techniques for Negotiating with Tough Opponents

Posted by & filed under Daily, Events.

Bargaining with the Devil A PON Webinar with Professor Robert Mnookin Samuel Williston Professor of Law, Harvard Law School Chair, Program on Negotiation Executive Committee Date: Tuesday, May 17, 2011 Time: 1:00 PM to 2:15 PM ET To register, click here.

  About the Webinar: From the NFL to state governments, negotiation is in the news these days.  The issues are vastly different, but these two … Read More 

Daily

Debunking Negotiation Myths

Posted by & filed under Negotiation Skills.

Adapted from “Negotiation Myths, Exposed,” first published in the Negotiation newsletter. In her book The Mind and Heart of the Negotiator, Leigh Thompson cites four widely held myths that bar negotiators from improving their skills. This analysis is worth the attention of anyone who wants to move beyond platitudes to a deeper understanding of negotiation. Myth 1: … Read More 

Daily

When Not to Trust Your Gut

Posted by & filed under Daily, Negotiation Skills.

Max H. Bazerman (Jesse Isidor Straus Professor of Business Administration, Harvard Business School) and Deepak Malhotra (Associate Professor of Business Administration, Harvard Business School) Intuition can sabotage your negotiations without your awareness. In this article, the authors explore why we often think irrationally and reveal four practical strategies for how and when to abandon intuition … Read More 

Daily

A Closer Look at Collective Bargaining

Posted by & filed under Business Negotiations, Daily.

Adapted from “Innovation in Labor Relations,” first published in the Negotiation newsletter. In 2004, a team of MIT and Harvard researchers published a study of a bold initiative by health-care giant Kaiser Permanente and its many unions to restructure their relationship. Given the recent spotlight focused on collective bargaining, beginning with a very public battle in … Read More 

Daily

Put Apologies in Your Toolbox

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Regain Your Counterpart’s Trust with an Apology,” first published in the Negotiation newsletter. The problem: Whether you meant to or not, you’ve hurt or offended your negotiating counterpart through your words or actions. Perhaps you’ve shown up late for an appointment one time too many, neglected to follow through on a key contract term, … Read More 

Daily

What to do When the Ink is Dry

Posted by & filed under Business Negotiations, Daily.

Adapted from “The Deal Is Done—Now What?” by Jeswald W. Salacuse (professor, Tufts University). First published in the Negotiation newsletter. At last, the deal is done. After 18 months of negotiation, eight trips across the country, and countless meetings, you’ve finally signed a contract. It’s clear and precise. It covers all the contingencies and has … Read More 

Daily

How to Get to the Table

Posted by & filed under Business Negotiations.

Adapted from “Leading Horses to Water,” first published in the Negotiation newsletter. The hardest step in negotiation is often the first. Costly lawsuits can drag on if everyone is afraid to be the first to blink. Prospective buyers and sellers can waste endless hours dancing around a possible deal. And in collective bargaining, labor and management … Read More 

Daily

Avoid the Green-eyed Monster

Posted by & filed under Conflict Resolution.

Adapted from “Negotiating with the Green-eyed Monster,” first published in the Negotiation newsletter. Envy can cause us to engage in deception at the bargaining table. That’s the cautionary finding of research by Simone Moran of Ben-Gurion University in Israel and Maurice E. Schweitzer of the Wharton School at the University of Pennsylvania. Why might negotiators be more … Read More 

Daily

Looking for a Breakthrough

Posted by & filed under Conflict Resolution.

Adapted from “Speaking the Same Language,” first published in the Negotiation newsletter. Negotiators can find themselves talking past each other for hours, even days. Then suddenly something happens–a breakthrough. The parties begin conversing on a different plane, one that reveals solutions to problems that had seemed intractable. Professor Linda Putnam, a communications scholar at Texas A&M University, … Read More 

Daily

How to Turn a Maybe Into a Yes

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Closing the Deal,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter. You’ve followed the negotiation guidebooks to a T, uncovered the parties’ key interests, brainstormed creative solutions, and even developed good rapport with your counterpart. You’ve done everything right…but you still don’t have agreement. How do you turn the other … Read More 

Daily

“Taking stock of Cambodia 20 years after the Paris Peace Agreement”

Posted by & filed under Daily, Events, The Kelman Seminar.

“Taking stock of Cambodia 20 years after the Paris Peace Agreement”

with Kevin Doyle and Stephen Marks

Date: February 1, 2011

Time: 4:00-6:00 PM

Where: CGIS Building, Weatherhead Center for International Affairs, 1737 Cambridge Street, Room N-262, Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). Speaker Bios Kevin Doyle is the editor-in-chief of The Cambodia Daily newspaper in Phnom Penh where he has … Read More 

Daily

Daily

The Right Time to Negotiate

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Telling Time in Different Cultures,” first published in the Negotiation newsletter. Despite the bloody conflicts in the Middle East, people of goodwill from both Arab and Western nations earnestly seek to collaborate in diplomatic and business transactions. An article by Ilai Alon of Tel Aviv University and Jeanne Brett of Northwestern, however, cautions that … Read More 

Daily

Always Connect

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Build the Right Connection,” by Jeswald Salacuse (professor, Tufts University), first published in the Negotiation newsletter. To hold the attention of your counterparts, you need to connect with them as early as possible in the negotiation. A human connection with the other side not only distinguishes you from your competitors and other parties they … Read More 

Daily

Norwegian Foreign Minister visits PON

Posted by & filed under Daily, International Negotiation.

On December 6, 2010, faculty and associates from the Program on Negotiation at Harvard Law School met at a private lunch with Norway’s Foreign Minister, Jonas Gahr Store, and the ambassador of Norway to the U.S., Wegger Chr. Strommen. At the meeting, the Foreign Minister described how he helped bring decades of negotiation with the … Read More 

Daily

Who’s Looking Over Your Shoulder?

Posted by & filed under Business Negotiations, Daily.

Adapted from “Onlooker Alert!” First published in the Negotiation newsletter. Unless your official title is “lawyer” or “agent,” you probably don’t think of yourself as an agent. But if you’ve ever represented a family member, your boss, your department, or your organization in a negotiation, you’ve served as that party’s agent. Representing others at the bargaining table … Read More 

Daily

New PON Teaching Materials About the Work of Martti Ahtisaari, 2010 Great Negotiator Award Recipient

Posted by & filed under Daily, Great Negotiator Award, International Negotiation, Negotiation Skills, Pedagogy at the Program on Negotiation (Pedagogy @ PON).

The Program on Negotiation’s 2010 Great Negotiator Award was given to former Finnish President, Martti Ahtisaari, for his many significant achievements in the fields of negotiation and diplomacy. He was central to the Namibian independence negotiations in the late 1980s. He also served as chief United Nations negotiator to Kosovo from 2005-2006, and was instrumental … Read More 

Daily

The Power of Schadenfreude

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Negotiating with the Green-eyed Monster,” first published in the Negotiation newsletter. Envy can cause us to engage in deception at the bargaining table. That’s the cautionary finding of recent research by Simone Moran of Ben-Gurion University in Israel and Maurice E. Schweitzer of the Wharton School at the University of Pennsylvania. In one experiment, Israeli … Read More 

Daily

“The Afghan Challenge: What will it take for them to trust their own security forces?”

Posted by & filed under Daily, Events, The Kelman Seminar.

“The Afghan Challenge:  What will it take for them to trust their own security forces?”

with Paul Bricker and Abdul Waheed Wafa

Date: December 7, 2010

Time: 4:00-6:00 PM

Where: CGIS Building, Weatherhead Center for International Affairs, 1737 Cambridge Street, Room N-262, Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). Speaker Bios Paul W. Bricker, United States, colonel, United States Army is currently … Read More 

Daily

Why Disclosure Doesn’t Work

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Negotiating with Your Advisers,” first published in the Negotiation newsletter. Our most trusted advisers face conflicts of interest between what is best for them and what is best for us. An attorney might give different advice about whether to settle a lawsuit depending on whether she would be paid by the hour or receive … Read More 

Daily

Checking Your Ego

Posted by & filed under Daily, Negotiation Skills.

Adapted from “When Self-Interest is Sabotage,” by Max H. Bazerman (professor, Harvard Business School), first published in the Negotiation newsletter. Researchers Frederick G. Banting and John Macleod were jointly awarded the Nobel Prize in 1923 for their partnership in the discovery of insulin. After receiving the prize, Banting publicly contended that Macleod, the head of their … Read More 

Daily

Dueling Experts?

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Battles of the Experts,” first published in the Negotiation newsletter. Sometimes conflict is triggered by honest disagreements over the facts. When one partner buys out another, for example, the two might disagree about the value of the business. Similarly, if a piece of high-tech equipment fails, the manufacturer might point to improper maintenance while … Read More 

Daily

Too Tough Talk?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Break Through the Tough Talk,” by Kristina A. Diekmann (University of Utah) and Ann E. Tenbrunsel (Notre Dame University), first published in the Negotiation newsletter. You might think that cultivating a reputation as a tough bargainer might be the best way to cope with a competitive opponent. But this isn’t necessarily the best strategy. … Read More 

Daily

Change the Trust Default

Posted by & filed under Daily, Negotiation Skills.

Adapted from “How to Build Trust at the Bargaining Table,” first published in the Negotiation newsletter. Carol’s longtime doctor diagnoses her with a serious illness and recommends immediate, aggressive treatment. Carol would like to seek a second opinion, but she doesn’t want to offend her doctor—who, after all, has always provided her with excellent care. Carol … Read More 

Daily

To Reflect and Trust

Posted by & filed under Daily, International Negotiation.

Eileen Babbitt (Professor of International Conflict Management Practice at the Fletcher School of Law and Diplomacy, Tufts University) Building consensus and sharpening problem solving skills should be part of every negotiation. Some divisions between groups are so emotionally fraught, however, that the facilitators need enhanced training first. In this interview, Eileen Babbitt discusses a “to reflect … Read More 

Daily

To Avoid an Impasse, Keep Talking

Posted by & filed under Business Negotiations, Daily.

Adapted from “How the Writers Got Back to Work,” first published in the Negotiation newsletter. What happens when people think they’ve invested too much in a dispute to back down from their entrenched positions? This question rose to the fore as the Writers Guild of America (WGA) West and East’s strike against the Alliance of Motion … Read More 

Daily

Daily

Honor Your Fellow Negotiator

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Negotiators: Guard Against Ethical Lapses,” first published in the Negotiation newsletter. During the past couple of years, a number of scandalous stories involving unethical behavior made headlines: Countrywide’s and AIG’s risky business practices, trader Bernard Madoff’s Ponzi scheme, and former Illinois governor Rod Blagojevich’s alleged attempt to sell a U.S. Senate seat. As instances … Read More 

Daily

The Curse of Knowledge

Posted by & filed under Daily, Negotiation Skills.

Adapted from “When You Assume Too Much,” first published in the Negotiation newsletter. Decision makers often overlook others’ viewpoints. When we do take others’ thinking into account, we tend to assume that they know as much as we do. For this reason, marketing experts are generally worse than nonexpert consumers at predicting the beliefs, values, and … Read More 

Daily

Negotiate with Your Kids?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Negotiate Better Relationships with Your Children,” first published in the Negotiation newsletter. Getting a good night’s sleep and eating a healthy dinner might seem like obvious goals for parents to have for their young children, but kids won’t always agree. When faced with back talk, tantrums, and tears, most parents vacillate between laying down … Read More 

Daily

Keep it Out of Court

Posted by & filed under Business Negotiations, Daily.

Adapted from “Turn Disputes into Deals,” by by Robert H. Mnookin (professor, Harvard Law School) first published in the Negotiation newsletter. In 1982, writer and movie producer Art Buchwald wrote a screen treatment that his partner, Alain Bernheim, pitched to Paramount Pictures. Settling upon the title King for a Day, Paramount and Bernheim entered into an … Read More 

Daily

Mirror, Mirror

Posted by & filed under Daily, Negotiation Skills.

Adapted from “The View from the Other Side of the Table,” by Adam D. Galinsky (Northwestern University), William W. Maddux (professor, INSEAD), and Gillian Ku (professor, London Business School)first published in the Negotiation newsletter. Believe it or not, you can become a better negotiator simply by learning how to effectively mirror your opponent. Psychologist Tanya Chartrand … Read More 

Daily

Are Your Talks too Complex?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “When More Is Less,” first published in the Negotiation newsletter. It’s an article of faith in negotiation that expanding the pie of value enhances parties’ welfare. When there’s only one issue on the bargaining table, the size of the pie is fixed. If one party gets more, the other party must get less. But … Read More 

Daily

Negotiating for Career Satisfaction

Posted by & filed under Business Negotiations, Daily.

Adapted from “Beyond Salary: Negotiating for Job Satisfaction and Success,” first published in the Negotiation newsletter. Most people enter employment negotiations assuming that compensation and benefits are the only issues on the table, according to Negotiation editorial board member David Lax. By contrast, enlightened job seekers realize these concerns are only part of the picture. In … Read More 

Daily

Should You Ignore a Threat

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Threat Response at the Bargaining Table,” first published in the Negotiation newsletter. Consider how you would respond to threats and ultimatums such as these during a negotiation: • “If you try to back out, you’ll never work in this industry again.” • “Give us what we want, or we’ll see you in court.” • “That’s our final … Read More 

Daily

Faultlines in Groups

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Faultlines in Group Negotiation,”  first published in the Negotiation newsletter. Group negotiations are a fact of managerial life, yet the outcomes of teamwork are highly unpredictable. Sometimes groups cohere, reaching novel solutions to nagging problems, and sometimes infighting causes them to collapse. How can you predict when conflict will emerge in groups, and what … Read More 

Daily

Find Strength in Numbers

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Make Your Weak Position Strong,” by Deepak Malhotra (professor, Harvard Business School), first published in the Negotiation newsletter. A common complaint among managers and executives who attend negotiation courses and seminars is that they don’t learn enough about negotiating from a position of weakness. What can you do when you have a weak BATNA, … Read More 

Daily

Conquering the Challenges in the Toughest Negotiations

Posted by & filed under Business Negotiations.

Negotiating with an adversary you don’t trust or who you think may be out to harm you requires a special set of skills. Your tone and language are just two key components. In a recent interview on the PBS NewsHour, Robert Mnookin, chair of the Program on Negotiation and author of Bargaining With the Devil, … Read More 

Daily

Trusting from Square One

Posted by & filed under Daily, Negotiation Skills.

Adapted from “How Much Should You Trust?” by Iris Bohnet (professor, Harvard Kennedy School) and Stephan Meier (professor, Columbia Business School), first published in the Negotiation newsletter. What’s the best way to cope with a fellow negotiator who has betrayed your trust? Ignoring the problem is rarely the best solution. When you distrust someone, you’re forced to … Read More 

Daily

Family Matters

Posted by & filed under Dispute Resolution.

Adapted from “All in the Family: Managing Business Disputes with Relatives,” by Frank E. A. Sander (professor, Harvard Law School) and Robert C. Bordone (professor, Harvard Law School), first published in the Negotiation newsletter. What happens when family members go into business together? In a few lucky cases, harmony and success follow without effort. More often, … Read More 

Daily

When Does Personality Matter?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “When Tough Talk Is Beside the Point,” by Hal Movius (instructor, The Program on Technology Negotiation, Program on Negotiation, Harvard Law School), first published in the Negotiation newsletter. Most of us intuitively believe that personality traits such as toughness matter a great deal in negotiation. Yet studies by Bruce Barry and Raymond Friedman of … Read More 

Daily

Choosing Your Next Relationship

Posted by & filed under Daily, Negotiation Skills.

Adapted from “For Better or Worse: How Relationships Affect Negotiations,” by Kathleen L. McGinn (professor, Harvard Business School), first published in the Negotiation newsletter. Six years ago, Esther Lorenza, an experienced entrepreneur and the founder of a new Internet and catalog retailer, concluded that only one supplier could meet her unique product specifications and high standards … Read More 

Daily

Making Time for Relationships

Posted by & filed under Business Negotiations, Daily.

Adapted from “Leverage Time to Your Advantage,” by Deepak Malhotra (professor, Harvard Business School), first published in the Negotiation newsletter. Businesspeople often make the mistake of beginning negotiations only after an offer is on the table or after an old contract has expired. Why is this a problem? When money is at stake, it can be … Read More 

Daily

What Exactly Are You Saying?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “The Perils of Powerful Speech,” first published in the Negotiation newsletter. Death to modifiers! All hail the active verb. Be succinct. Those are Strunk and White’s commandments for simple and direct writing. They also may be rules for establishing verbal power in negotiation—though not always, it turns out. Linguistic studies have shown that hesitations (ums and … Read More 

Daily

Think Fast!

Posted by & filed under Daily, Negotiation Skills.

Adapted from “What Negotiators Can Learn from Improv Comedy,” by Lakshmi Balachandra (lecturer, MIT Sloan School of Management) and Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter. You’re onstage without a script, relying on your mind and wits to come up with lines and actions that advance the game. Should you trust … Read More 

Daily

Check Your Impulses

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Fickle Intuition,” first published in the Negotiation newsletter. When it comes to trusting others, negotiators often rely on their gut instincts. Recent studies indicate, however, that extraneous factors can sway such judgments. For example, Michael Kosfeld and other University of Zurich researchers introduced a twist in a classic trust game in which subjects must … Read More 

Daily

Smoking out liars

Posted by & filed under Daily, Negotiation Skills.

Adapted from “How Body Language Affects Negotiation,” first published in the Negotiation newsletter. In a real-life example of the power of image, Christian Karl Gerhartsreiter, a German, successfully passed himself off as a member of the Rockefeller family for many years while living in the United States. Armed with little more than an aloof personality and … Read More 

Daily

Occupational safety

Posted by & filed under Daily, Negotiation Skills.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. The following role simulation is a six-person integrative negotiation among representatives of a manufacturing company, an occupational safety agency, a union, a local fire department, and a local technical expert to settle claims of safety violations … Read More 

Daily

Securities fraud plea bargain

Posted by & filed under Daily, Negotiation Skills.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. United States v. Dunlop is a four-person, three-issue, two-round exercise between U.S. prosecutors, an executive charged with securities fraud, and defense counsel over the terms of a possible plea bargain; attorney-client interviews are followed by … Read More 

Daily

Negotiating love birds

Posted by & filed under Negotiation Skills.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. The Stakes of Engagement is a two-party, multi-issue, scoreable negotiation regarding a prenuptial agreement, calling for a balance of substantive and relationship concerns. Marlene Mayberry and Jacques Parker are young adults planning their marriage. After … Read More 

Daily

Announcing the 2010-2011 PON Graduate Research Fellows

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

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 

Daily

After the deal is inked

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Uncover Hidden Value with a Post-settlement Settlement,” first published in the Negotiation newsletter. You’ve reached an agreement that you find satisfactory and your counterpart does as well-but you can’t shake the sense that you could have done even better. For example, you might be happy with the price you achieved in a purchasing contract … Read More 

Daily

Get the sequence right

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Set off a Chain Reaction,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter. Artful sequencing in negotiation means lining up deals so that each agreement increases the odds of nailing down the next one. A hedge fund manager might find that certain investors will decline to put their … Read More 

Daily

Staying in touch with strategic partners

Posted by & filed under Business Negotiations, Daily.

Adapted from “Handle with Care: Negotiating Strategic Alliances,” by Lawrence Susskind (professor, Massachusetts Institute of Technology), first published in the Negotiation newsletter. Some business partnerships are more important than others. This is especially true in supply chains, where producers of key components can be irreplaceable. Consider the relationship between two hypothetical companies, Brattlebury Corporation, which manufactures … Read More 

Daily

A second look at snap decisions

Posted by & filed under Daily, Negotiation Skills.

Adapted from “It’s Not Intuitive: Strategies for Negotiating More Rationally,” by Max H. Bazerman and Deepak Malhotra (professors, Harvard Business School), first published in the Negotiation newsletter. When deciding whether to start a new business, entrepreneurs should critically and comprehensively analyze negotiations over land, construction, hiring, and so on. Yet in a study by Arnold Cooper … Read More 

Daily

“Are We Exclusive?”

Posted by & filed under Business Negotiations.

Ron McAfee, a carpenter and roofing expert, spent considerable time working with a condominium association on the design of a new roof deck. After gaining agreement on the proposed layout, design, and materials, McAfee submitted a written bid of $12,500. One of the board members subsequently showed McAfee’s plans to another roofer, who offered to … Read More 

Daily

Improve their satisfaction

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Make Them More Satisfied with Less,” first published in the Negotiation newsletter. In negotiation, sometimes you just don’t have much to give. If your department’s budget has been slashed, your subordinates will have to settle for smaller raises than usual – or none at all. When consumer demand for your red-hot product levels … Read More 

Daily

How to Avoid a Do-Over

Posted by & filed under Business Negotiations.

Remember that big sales contract you negotiated last fall, the one that got you a fat year-end bonus? Well, your manufacturing department has just told you that delivery will be two months late. So now it’s your job to persuade your customer to accept a new date without canceling the deal. And that’s not all. … Read More 

Daily

A more cooperative divorce

Posted by & filed under Negotiation Skills.

Adapted from “Negotiating a More Civil Divorce,” first published in the Negotiation newsletter. In the United States, lawyers who recognize the benefits of collaborative negotiation are sometimes stymied by vengeful clients and ruthless opposing counsel.  Many attorneys put up with a contentious settlement process in which litigation is a threat. Yet some U.S. lawyers have begun … Read More 

Daily

First, know thyself

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Self-Analysis and Negotiation,” first published in the Negotiation newsletter. “Separate the people from the problem,” advises the bestselling negotiation text “Getting to Yes”. That’s certainly good counsel when tempers flare and bargaining descends into ego battles, but it’s a mistake to ignore the psychological crosscurrents in negotiation. Unless they are addressed, a deal may … Read More 

Daily

When We Expect Too Much

Posted by & filed under Business Negotiations.

How often have you heard a friend or colleague refer to a contract as being “in the bag,” only to find out later that the deal didn’t go through? There always turns out to be a good reason a negotiation fell apart. Yet the fact remains that most negotiators are overconfident about their chances of … Read More 

Daily

Should you bargain with the Devil?

Posted by & filed under Conflict Resolution.

In an age of terror, our national leaders face this sort of question every day. Should we negotiate with the Taliban? Iran? North Korea? What about terrorist groups holding hostages?” In his new book, Bargaining with the Devil: When to Negotiate, When to Fight, Robert Mnookin, Chair of the Program on Negotiation at Harvard Law School, … Read More 

Daily

Allies and Enemies

Posted by & filed under Business Negotiations.

Imagine that you and a colleague get into an argument about the layout of a final report in front of a coworker you both like. Now suppose the same argument occurs in front of someone your colleague likes but you do not or vice versa—in front of an ally who is your colleague’s foe. As … Read More 

Daily

Choosing a mediator

Posted by & filed under Daily, Mediation.

Adapted from “Beyond Blame: Choosing a Mediator,” by Stephen B. Goldberg (professor, Northwestern University), first published in the Negotiation newsletter.

When a negotiation escalates into a dispute, most managers understand the value of seeking out a mediator for professional assistance with the matter. The question of whom to hire, however, is less clear-cut. What type of … Read More 

Daily

Staying on the straight and narrow

Posted by & filed under Dispute Resolution.

Adapted from “Walk the Line: Ethical Dilemmas in Negotiation,” by Roy J. Lewicki (Professor, The Ohio State University), first published in the Negotiation newsletter.

After buying a new car, you’re eager to sell your old car. It looks well kept, but you had problems with the engine last winter. Now it’s late summer. Should you … Read More 

Daily

Business Negotiations: Spoiler Alert!

Posted by & filed under Business Negotiations.

At one time or another, most of us have confronted a fellow negotiator who seemed intent on blocking even our most reasonable requests and actions. This was the situation faced by Alexis, the CIO at a midsize publishing company. Phil, the company’s CEO, hired Alexis to create an online information system tailored to the needs … Read More 

Daily

To trust or not to trust

Posted by & filed under Daily, Negotiation Skills.

Adapted from “The Payoff of Trust,” by Iris Bohnet (Professor, Harvard Kennedy School), first published in the “Negotiation newsletter.” It’s natural to fear trust betrayal, or the violation of pivotal expectations of trustworthiness. Recent corporate and religious scandals have tragically demonstrated the substantial costs of such betrayals. Victims suffer emotional harm, and their ability to trust … Read More 

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Turn Vicious Cycles Into Virtuous Ones

Posted by & filed under Business Negotiations.

For decades, Hormel Foods and its employees enjoyed one of the most cooperative and productive labor-management relationships in the processed foods industry. But beginning in the late 1970s, when Hormel pushed for wage concessions, the company’s relationship with its workforce began to deteriorate, especially at the plant in Austin, Minn., the quiet “company town” where … Read More 

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The Role of Track I actors in Reconciliation: The UN in Iraq

Posted by & filed under Conflict Resolution, Daily, Events, International Negotiation, The Kelman Seminar.

“The Role of Track I actors in Reconciliation: The UN in Iraq”

with Eileen Babbitt

Date: December 8, 2009 Time: 4-6 PM Where: CGIS Building, Weatherhead Center for International Affairs, 1737 Cambridge Street, Second Floor, N-262 (Bowie Vernon Room), Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). Speaker Bio Eileen F. Babbitt is Professor of International Conflict Management Practice and Director of the International Negotiation … Read More 

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Get off on the right foot

Posted by & filed under Win-Win Negotiations.

Adapted from an article first published in “Negotiation Newsletter”. Sometimes negotiators get off on the wrong foot. Maybe you and your partner had different understanding of your meeting time, or one of you makes a statement that the other misinterprets. Such awkward moves at the beginning of an interaction can lead one party to question the … Read More 

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Negotiate how you’ll negotiate

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Have You Negotiated How You’ll Negotiate?” by Robert C. Bordone, Professor, and Gillien S. Todd, Lecturer, Harvard Law School. Breakdowns in negotiation are common. In the face of impasse at the bargaining table, managers are quick to blame either the challenges of the issues being negotiated or the hard-line tactics of the opposing parties. … Read More 

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Daily

When It Pays to Delay

Posted by & filed under Business Negotiations.

Kathy, a serial entrepreneur, was negotiating the acquisition of a boutique software-development firm when a dispute arose regarding the valuation of one of the software firm’s assets. Specifically, the firm owned the rights to a technology patent of uncertain value. The firm’s owner argued that this patent was worth millions. Kathy agreed that the patent … Read More 

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Go the extra mile

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Build Rapport—and a Better Deal,” by Janice Nadler, professor, School of Law, Northwestern University. In negotiation, rapport is a powerful force that can promote mutually beneficial agreements. Negotiators who already have a good working relationship are fortunate to have rapport built into their interactions. Strangers, however—especially those whose communications are limited to telephone or … Read More 

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How to say “I’m sorry”

Posted by & filed under Daily, Dispute Resolution.

Adapted from “Wise Negotiators Know When to Say ‘I’m Sorry’” by Maurice E. Schweitzer, Associate Professor, the Wharton School at the University of Pennsylvania. In negotiation, it’s unavoidable: sooner or later, you’ll do or say something that offends or hurts your counterpart. Whether or not the harm you cause is intentional, you’ll need to rebuild trust … Read More 

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Be sure to give at the office

Posted by & filed under Daily, Negotiation Skills.

Reciprocation tactics are tried and true. Politicians “logroll” votes on pet projects, companies offer free product samples to consumers, and charitable organizations include small gifts when soliciting donations. According to the norm of reciprocity, if you’re nice to me, I’ll be nice in return, and vice versa. In the realm of negotiation, you can gain many … Read More 

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Professor Max Bazerman Publishes a Working Paper: “A Decision-Making Perspective to Negotiation: A Review of the Past and a Look into the Future”

Posted by & filed under Daily, Negotiation Skills, News.

Professor Max Bazerman, member of the PON Executive Committee and professor of Business Administration at Harvard Business School (HBS), and HBS Ph.D. candidate Chia-Jung Tsay published a working paper titled, “A Decision-Making Perspective to Negotiation: A Review of the Past and a Look into the Future” on August 20, 2009. Abstract Through the decision-analytic approach to negotiations, … Read More 

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Negotiation Journal July issue focuses on mediation, multi-party negotiation, trade negotiations and curiosity

Posted by & filed under Daily, Mediation.

As the use of mediation continues to grow, researchers continue to examine what makes mediators effective and what the impact of mediation is on parties in dispute. Four articles in the July 2009 issue of Negotiation Journal provide an in-depth view of mediation effectiveness, with some interesting findings. In the first article, Stephen Goldberg, Margaret Shaw, … Read More 

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Sharing the market

Posted by & filed under Daily, Negotiation Skills.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises.  The Pepulator Pricing Exercise is a two-team, scoreable, multiple round, “prisoner’s dilemma”-style negotiation between representatives of two companies over the monthly price for fictional products called “pepulators”. SCENARIO: The pepulator market is controlled by two giant … Read More 

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Instructing the negotiator

Posted by & filed under Daily, Negotiation Skills.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. The Ship Bumping Case is a two-party international negotiation between Russian and U.S. negotiators over a naval incident. Teams internally prepare instructions for a representative not involved in the preparation. SCENARIO: Vessels from the United States … Read More 

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Negotiating Financial Strategies that Work: Adding Third Parties to Seal the Deal

Posted by & filed under Business Negotiations, Daily.

As negotiation experts, David Lax and Professor James Sebenius find that many negotiators focus on process and substance. Whether in person, over the phone, or through email, business outcomes seem determined by how well parties can establish trust, communicate, and put the best deal on the table. These are the first two and best known … Read More 

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Daily

Practice taking risks

Posted by & filed under Daily, Negotiation Skills.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Win as Much as You Can is a four-person, simplified, iterated prisoner’s dilemma exercise. SCENARIO: This exercise is analytically similar to both the Oil Pricing and Pepulator Pricing exercises. Participants’ sole objective is to maximize their … Read More 

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Guidelines for Negotiating the Family Business

Posted by & filed under Daily, Mediation.

Traditional advice recommends not mixing business and family but this could mean losing out on the potential rewards of working with those close to us and other potentially lucrative business opportunities. Inevitably, family members in business together will have to negotiate with each other. So what is the best way to ensure both a successful … Read More 

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Resolving Hot Conflicts: Skills for Managers

Posted by & filed under Conflict Resolution.

Conventional wisdom suggests that team conflicts be resolved by focusing on the task at hand and avoiding interpersonal relationship issues. However, Amy Edmonson of Harvard Business School and Diana McLain Smith of The Monitor Group argue that this approach only works with issues that are “cool” because they can be resolved using objective means. On the … Read More 

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Negotiating with Your Children

Posted by & filed under Negotiation Skills.

Negotiating with your children may seem counterintuitive but parents can build stronger relationships with them by implementing a problem-solving approach when trying to resolve family conflicts. In his book How to Negotiate with Kids…Even When You Think You Shouldn’t (Viking, 2003), Scott Brown, a founder of the Harvard Negotiation Project at Harvard Law School, outlines a … Read More 

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Boost your negotiations skills and confidence

Posted by & filed under Daily, Negotiation Skills, Resources, Reviews of Books.

The following book, Negotiation Genius, was co-winner of the 2008 CPR Award for Excellence in ADR (Outstanding Book Category).  It provides clear and methodical advice for preparing for and executing any negotiation, drawing on decades of behavioral research and the experience of thousands of business clients. Whether you’ve “seen it all” or are just … Read More