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.

value creation

The result of cooperative problem-solving skills in a negotiation that uncover joint gains for both parties. Value creation is an aspect of "win-win" or "non-zero-sum" negotiation, in which both parties benefit from the agreement. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 17). See Also: Negotiation Skills: Four Steps for Changing Negotiation Practices in Your Organization, When Lose-Lose Wins, Conflict Management – Anger, the Good and the Bad.

The following items are tagged value creation

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5 Win-Win Negotiation Strategies

Posted by & filed under Win-Win Negotiations.

Business negotiators understand the importance of reaching a win-win deal: when both sides are satisfied with their agreement, the odds of a long-lasting and successful business partnership are much higher. But concrete strategies for generating a win-win contract often seem elusive. The following five, from experts at the Program on Negotiation at Harvard Law School, … Read More 

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Canada-China Panda Acquisition Negotiation

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Stephen Weiss Two-team (6 person), multi-issue contract negotiation between Canadian zoo CEOs and representatives of Chinese organization responsible for giant panda loans … Read More 

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Water Diplomacy

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Shafiqul Islam and Lawrence E. Susskind In this book, the authors show how open and constantly changing water networks can be managed successfully using collaborative adaptive techniques to build informed agreements among disciplinary experts, water users with conflicting interests, and governmental bodies with countervailing claims. … Read More 

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Conflict Negotiation Strategies: Apple’s Apology in China

Posted by & filed under Dispute Resolution.

When dealing with a difficult counterpart, it helps to take a conciliatory approach to the bargaining table. While apologies necessarily involve moments of vulnerability, they can also open doors to value creation and strengthen the relationship you have with your bargaining counterpart. Let’s look back at Apple’s apology in China for its maligned warranty policies … Read More 

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Handbook of Dispute Resolution (The)

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

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World Trade Center Redevelopment Negotiation

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

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

Posted by & filed under Negotiation Skills.

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

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United States v. Dunlop

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Dan Vogel, under the supervision of Robert Bordone Four-person, three-issue, two-round 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 a plea bargain negotiation … Read More 

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Theotis Wiley

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

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Super Slipster

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Matt Smith under the supervision of Robert C. Bordone, with revisions by Michael Moffitt Two-party personal injury settlement negotiation between the attorney for the injured plaintiff and general counsel for the defendant toy manufacturing company … Read More 

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Collective Bargaining at Southern Express

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

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What Can An Opera Singer Teach You About Negotiation?

Posted by & filed under Teaching Negotiation.

A distinguished older soprano, Sally has not had a lead role in two years. However, when another soprano falls ill, the Lyric Opera is eager to hire Sally…but at what price? Sally Soprano is one of the best-known role-play simulations from the Program on Negotiation’s Teaching Negotiation Resource Center (TNRC). And it’s a classic for good … Read More 

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Billboards in Wyethville

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Kelly Davenport and Lawrence Susskind Six-party negotiation among business, municipal, and environmental representatives regarding a potential ban on billboard advertising … Read More 

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Arbitration vs Mediation and the Conflict Resolution Process in Alternative Dispute Resolution (ADR)

Posted by & filed under Conflict Resolution.

Arbitration, mediation, and the dispute resolution process – how negotiators can effectively use alternative dispute resolution (ADR) conflict management and conflict resolution techniques to resolve disputes, repair relationships, and find opportunities for value creation at the bargaining table. It’s often the case that when two people or organizations try to resolve a dispute by determining who … Read More 

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Real World Negotiations Examples: Bargaining for a New Car

Posted by & filed under Business Negotiations.

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

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Dealing with Difficult People: The Right Way to Regulate Emotion

Posted by & filed under Dispute Resolution.

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

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

Posted by & filed under Negotiation Skills.

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

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MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table

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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Managing Factions in Multiparty Negotiations Faultlines in Groups

Posted by & filed under Mediation.

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 can you do to stop it? Dora Lau of the Chinese University … Read More 

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Financial Negotiations During the Banking Crisis: Did the Mortgage Foreclosure Settlement Meet Its Goals?

Posted by & filed under Business Negotiations.

The mortgage foreclosure settlement reached by the Obama Administration and major US banks bailed out during the 2008 financial crisis illustrates the importance of an integrative negotiations approach to bargaining with your counterpart. Here are the strategies and techniques employed by each side to reach a consensus on the mortgage foreclosure settlement. … Read More 

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Top Ten Conflict Resolution Posts

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Here is a list of our top ten most popular conflict resolution articles. 1. A Cross Cultural Negotiation Example: How to Overcome Cultural Barriers Understanding cultural norms, while avoiding stereotyping, is a key negotiation skill for all international negotiators. Negotiation research reveals that dealmaking across cultures tends to result in worse negotiated agreements than those where … Read More 

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

Posted by & filed under Dealmaking.

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

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

Posted by & filed under Negotiation Skills.

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

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For a Mutually Beneficial Agreement, Collaboration is Key

Posted by & filed under Negotiation Skills.

What is a mutually beneficial agreement? Some negotiation experts would have you believe that a mutually beneficial agreement is one in which each side grabs as much as it can from a finite pot of resources and calls it a day. At the Program on Negotiation, we urge you to aim higher by combining such competitive value-claiming … Read More 

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Define Dispute Resolution: Understanding Uncertainty, Risk, and Opportunity

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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Conflict Management: Anger – The Good and the Bad

Posted by & filed under Conflict Resolution.

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

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Matching Rights in Business Negotiations: Advice for the Grantor – Use Matching Rights to Bridge the Gap

Posted by & filed under Business Negotiations.

In negotiation, including a matching right in an agreement can be a classic win-win move. Suppose you’re a landlord negotiating with a prospective tenant. You want to maintain the ability to sell the apartment to someone else in the future, while your prospective tenant wants a commitment to rent the apartment for as long as … Read More 

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A Value-Creating Condition Thwarted

Posted by & filed under Business Negotiations.

In late 1999, with its stock in free fall, NCS HealthCare, a provider of pharmacy services to long-term care facilities, began “exploring strategic alternatives” – code in the mergers and acquisitions world that NCS’s board wanted to put the company up for sale. In 2001, Omnicare, a larger provider in the same general industry, offered to … Read More 

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Try Skills-Based Strategies First

Posted by & filed under Negotiation Skills.

Before launching a workaround, run through this list of skills-based strategies adopted from Getting Past No: Negotiating Your Way from Confrontation to Cooperation by William Ury (Bantam, 1993). Only attempt a workaround if you’ve tried them all without success: … Read More 

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Do Attitudes Influence Results?

Posted by & filed under Conflict Resolution.

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

Posted by & filed under Negotiation Skills.

Many things factor into whether you choose “fight or flight” when faced with a difficult situation in life. Whether it is a disagreeable coworker or a border struggle between nations, the decisions made at the onset of conflict often determine the tenor of the entire proceeding. Along with information and a good-faith desire for collaboration, knowing … Read More 

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Resolving conflict, creating value

Posted by & filed under Negotiation Skills.

Significant business disputes typically involve more than one issue—including disputes that appear to be “just about the money.” Who pays and when? In what form is payment made, with what level of confidentiality, and with what effect on future disputes? In the heat of the moment, disputants too often focus on one conspicuous issue (such as … Read More 

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Negotiation: Challenge or threat?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Do Attitudes Influence Results?” first published in the Negotiation newsletter, January 2007. Many people consider negotiations to be stressful and threatening. Others view them as challenges that can be overcome. Do these different attitudes influence the outcomes that people reach? Research by professors Kathleen O’Connor of Cornell University and Josh Arnold of California State … Read More 

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Why it pays to build relationships

Posted by & filed under Business Negotiations, Daily.

Adapted from “When Lose-Lose Wins,” first published in the Negotiation newsletter, August 2004. Does negotiation research promote the creation of joint gain at the expense of relationship building? Researchers Jared R. Curhan, Margaret A. Neale, and Lee D. Ross suggest that the field is guilty as charged. To illustrate, the team apply author O. Henry’s classic tale … Read More 

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Clearinghouse Customers Speak!

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

In an effort to understand more about how the PON Clearinghouse does and doesn’t meet its customers’ needs, we interviewed a number of long-time Clearinghouse clients. We asked what teaching materials they found most valuable and for what reasons. We also asked how they found out about the Clearinghouse and what additional teaching and training … Read More 

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When Negotiators Act Like Parasites

Posted by & filed under Negotiation Skills.

Adapted from “Creating Values, Weighing Values,” by Max H. Bazerman (professor, Harvard Business School), first published in the Negotiation newsletter. In April 2001, the FTC filed a complaint accusing pharmaceutical companies Schering-Plough and Upsher-Smith of restricting trade. Upsher-Smith had been preparing to introduce a generic pharmaceutical product that would threaten a near monopoly held by Schering-Plough. … Read More 

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The Angry Negotiator

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Emotional Strategy” by Margaret A. Neale (professor, Stanford University), first published in the Negotiation newsletter. Most negotiations require us both to compete to claim value and to cooperate to create value. The ability to move back and forth between these two goals is a critical—and difficult—skill. How do emotions affect value creation and claiming? Researchers … Read More 

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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 

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Accentuate the Positive

Posted by & filed under Business Negotiations, Daily.

Adapted from “Promote the Positive or Minimize the Negative?” First published in the Negotiation newsletter. Tory Higgins, a social psychologist, and his colleagues Lorraine Chen Idson and Nira Liberman have introduced the concept of regulatory focus. According to Higgins, when making decisions, people focus on either promotion or prevention. Those focused on promotion are primarily concerned … Read More 

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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 

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Teams across cultures

Posted by & filed under Daily, International Negotiation.

Adapted from “Team Negotiating: Strength in Numbers?”, first published in the Negotiation newsletter. According to conventional wisdom, when it comes to negotiation, there’s strength in numbers. Indeed, several experimental studies have supported the notion that you should bring at least one other person from your organization to the bargaining table if you can. On average, this … Read More 

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