These top 10 notable negotiations from recent history, both inside and outside of politics, caught our eye not because they all ended well, but because of the broader lessons they offer business negotiators. From labor disputes and mergers to international diplomacy, each case highlights a different negotiation dynamic worth studying.
10. Hollywood writers negotiate a happy ending. The Writers Guild of America, which represents more than 12,000 film and TV writers, and the Alliance of Motion Picture and Television Producers, which represents film and TV studios, negotiated a new labor contract that many observers described as a draw. When forecasting how the media landscape would evolve, both sides relied on self-serving projections and ultimately split the difference between their claims. A better approach may have been a contingent contract—a “bet” that would create different payment schemes based on each party’s predictions of how the future would unfold.
Lesson: When the future is uncertain, contingent agreements can create value rather than forcing artificial compromises.
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9. U.S. negotiations with Mexico. Just days after Donald Trump was sworn in, his adviser Jared Kushner began talks with Mexican foreign secretary Luis Videgaray on trade, immigration, and border security. The plan was for Trump and Mexican president Enrique Peña Nieto to join the talks shortly thereafter.
However, public remarks by Trump about a proposed border wall prompted Peña Nieto to abruptly cancel the meeting. The failed negotiation underscores the value of keeping sensitive talks private until meaningful progress has been made.
Lesson: Public posturing can derail negotiations before they begin.
8. Winning moves from the U.S. national women’s hockey and soccer teams. The U.S. national women’s hockey and soccer teams both pushed their governing bodies to fundamentally restructure unfair labor agreements. The teams used different—but effective—approaches to win-win negotiation. HHaving long worked for minimal compensation, the women’s hockey team used social media and the threat of a boycott to secure a living wage and benefits. Members of the U.S. women’s soccer team, meanwhile, pursued a more collaborative approach while asserting greater control over the negotiation process.
Lesson: There is more than one path to a mutually beneficial outcome—and power can be built in different ways.
7. Trump does business with “Chuck and Nancy.” After months on the sidelines, Chuck Schumer and Nancy Pelosi identified the debt ceiling as a leverage point. In negotiations with Trump, they pushed for a short, three-month suspension, while Republican leaders proposed an 18-month extension. To widespread surprise, Trump sided with “Chuck and Nancy,” as he dubbed them. Though the alliance later unraveled, it highlighted that even seemingly weak parties can engage in power tactics in negotiation.
Lesson: Leverage is often situational—and can emerge unexpectedly.
6. Illinois finally gets a budget. After a two-year budget impasse, Illinois governor Bruce Rauner and the Democratic-led legislature finally reached agreement when a group of Republican lawmakers broke ranks to pass a budget. Ideological polarization had fueled adversarial bargaining, even though opportunities for mutually beneficial tradeoffs remained available throughout the process.
Lesson: Even deeply entrenched disputes often contain overlooked win-win possibilities.
5. The Amazon-Whole Foods merger. Before negotiating a possible purchase of upscale grocery chain Whole Foods this summer, Amazon insisted on two conditions: utmost secrecy and exclusive negotiations. On June 15, the companies went public with the merger at an agreed-upon price of $42 per share. Amazon successfully shut down its competition by making exclusivity a condition of its negotiation with Whole Foods.
Lesson: Exclusivity can be a powerful negotiation tactic when speed and certainty matter.
4. Cities and states negotiate for climate protections. After Trump announced the U.S. withdrawal from the Paris Climate Agreement, U.S. states, cities, and corporations formed new coalitions to pursue climate commitments independently.
Lesson: When a powerful counterpart exits a deal, forming new alliances can restore momentum.
3. The Republicans’ Obamacare loss. Despite campaign promises to repeal the Affordable Care Act, Republicans struggled to unite their own factions once in power. Overconfidence and internal divisions undermined negotiations led by Paul Ryan.
Lesson: Excessive optimism can obscure internal resistance and derail negotiations from within.
2. Brexit negotiations get moving. Before formal Brexit talks began, the EU’s remaining 27 members insisted on a two-phase negotiation: withdrawal first, trade later. U.K. prime minister Theresa May pushed for parallel talks but ultimately conceded. A single set of talks may have been more productive: the presence of multiple issues creates opportunities of logrolling in negotiation, or making trades based on different preferences.
Lesson: Separating issues can reduce opportunities for creative tradeoffs.
1. The Republicans’ tax plan win. Though unpopular with much of the public, Republicans succeeded in passing a sweeping tax overhaul. One of the most effective negotiators was Susan Collins, who secured concessions amounting to roughly one-tenth of the bill’s $1.4 trillion in tax cuts.
Lesson: Positioning yourself as a potential deal spoiler can be a powerful source of influence.
What notable negotiations from 2018—or since—would you add to this list?
Claim your FREE copy: Negotiation Skills
Build powerful negotiation skills and become a better dealmaker and leader. Download 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.
