The sale of Vivendi Universal Entertainment in the summer of 2003 was one recent high-profile negotiauction. … Read The Universal Negotiauction
An International Negotiation for an All-American Brand
On February 14, the news broke that Berkshire Hathaway, the conglomerate run by Warren Buffett, is planning to purchase H.J. Heinz—and its iconic Heinz ketchup—for $23 billion. Joining Berkshire Hathaway in the acquisition is 3G Capital Management, a Brazilian-backed investment firm that owns a majority stake in Burger King. The deal marks a harmonious pairing … Read More
Bet you didn’t know… Personnel matters in negotiation.
When outsiders become overachievers
When faced with the task of assigning a subordinate to represent their organization in a negotiation, managers might look for strong negotiating experience, intelligence, a good attitude, and a winning personality. In a new study, professor Gerben A. Van Kleef of the University of Amsterdam and his colleagues identify another beneficial quality … Read More
Learning from the deficit-reduction talks
Does anyone down there know how to cut a deal?” Senate Republican Mitch McConnell said to Vice President Joe Biden. It was Sunday, December 30, 2012, the day before the “fiscal cliff ” deadline, and the minority leader had phoned Biden out of a sense of desperation, report Patrick O’Connor and Peter Nicholas in the … Read Learning from the deficit-reduction talks
Emotion and Judgment
The work of University of Iowa neuroscientists Antoine Bechara, Daniel Tranel, and Hanna Damasio demonstrates the effects of emotion on decision making. … Read Emotion and Judgment
A Tale of Two Matching Rights
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 A Tale of Two Matching Rights
Think Like a Mediator
To set the stage for a productive discussion, open a difficult conversation with the Third Story, advise the authors of Difficult Conversations. The Third Story is one an impartial observer, such as a mediator, would tell; it’s a version of events both sides can agree on. “The key is learning to describe the gap – … Read Think Like a Mediator
International Negotiations: Threats at the Bargaining Table
The agreement seemed well on its way to being passed. On November 20, U.S. Secretary of State John Kerry announced that the United States and Afghanistan had finished negotiating a bilateral security agreement.
The terms included a continued American troop presence through 2024 and a promise of billions in international aid to the Afghan government. The … Read More
PON Podcast: My Neighbourhood with Julia Bacha, Just Vision
The Program on Negotiation at Harvard Law School and the Middle East Initiative at the Harvard Kennedy School held a panel discussion following a screening of My Neighborhood, a Just Vision documentary. The podcast is now available. … Read More
Making the Most Out of Negotiation Training
A passive approach to learning rarely leads to future negotiation success. To maximize your training experience, follow these guidelines. … Read Making the Most Out of Negotiation Training
Finding the Right Process in India
In 1995, a new government came into power in the Indian state of Maharashtra and canceled a 20-year power purchase agreement with the Dabhol Power Company, a joint-venture formed by Enron, General Electric, and Bechtel. Claiming that the deal was improper and even illegal, the government declared publicly that it would not renegotiate. … Read Finding the Right Process in India
Taking Alternative Dispute Resolution (ADR) Too Far
More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, … Read More