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

As a collaboration between UST School of Law and the Program on Negotiation at Harvard Law School, the following is the transcript of a conversation between the creator of the multi-door courthouse, Harvard Law Professor Frank E.A. Sander, and the executive director and founder of the University of St. Thomas (UST) International ADR [Alternative Dispute … Read What is the Multi-Door Courthouse Concept

The pros and cons of email communication are worthy of consideration, given our continued reliance on email in business negotiations. Research on email negotiations highlights likely pitfalls and how to overcome them. … Read Pros and Cons of Email Communication

Have you ever wondered if humor in business negotiation is appropriate, and when? We spoke with Alison Wood Brooks, O’Brien Associate Professor of Business Administration and Hellman Faculty Fellow in the Negotiation, Organizations & Markets Unit at Harvard Business School to find out. … Read More

How can negotiators overcome impasse and achieve win-win negotiated agreements at the bargaining table? This example illustrates the power of expanding the focus of the negotiations by looking for tradeoffs. … Read More

Often, disputing parties are unable achieve satisfactory or sustainable outcomes on their own through direct negotiation, and require the assistance of a mediator or facilitator. Mediators can help parties involved in a dispute through examining the issues at hand, uncovering the parties’ underlying interests, and identifying creative solutions. To act as mediator requires a great … Read More

Recent negotiation books can help you navigate a variety of pressing challenges. The books offer advice on bouncing back from failure, de-biasing your workplace, and adapting to our ever-changing world. … Read More

When parties find themselves involved in a serious conflict, they often try to avoid the expense and hassle of litigation by turning to one of the two most common alternative dispute resolution processes: mediation or arbitration. Disputants who are concerned about these drawbacks might want to consider a hybrid mediation-arbitration approach called med-arb. … Read What is Med-Arb?

In Western cultures, many people are uncomfortable with silence. We tend to talk on top of one another, with little pause between point and counterpoint. Any silence that occurs often feels awkward, as you’ve experienced. But effective negotiators know that silence in negotiation can be a useful tool. Here are four advantages of silence. … Read More

Parties can often reach a better agreement through integrative negotiation—that is, by identifying interests where they have different preferences and making tradeoffs among them. If you care more about what movie you see tonight, but your friend cares more about where you have dinner, for example, you can each get your preference on the issue … Read More

Question: Lately I have been hearing a lot—both in the news and on the job—about companies using contingencies in contracts. Given that I sometimes negotiate deals that entail a lot of risk regarding how future events will play out, I am interested to know how contingencies work and how I might use them. … Read Contingency Contracts in Business Negotiations