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A person who acts on a principal’s behalf in a negotiation. Agents – such as lawyers, sports agents, or diplomats – may have special training or be able to assert the principal’s interests more effectively than the principal. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 189). Also see "principal-agent theory."

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Role Simulations

Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Bentley Convertible

Roger Fisher and Bruce Patton
Two-party distributive negotiation over the sale of a rare automobile
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Book Contract, The

Two-party, single-issue distributive negotiation between a publisher and a literary agent over the advance payment for the agent's unpublished but very promising client
Role Simulation
Labor Relations Negotiation Role-Play:

Brachton Collective Bargaining Exercise

Two-team, multi-issue employment contract negotiation between three teachers' union representatives and three school committee representatives; includes internal team meetings before external negotiations
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Bullard Houses

Ron Karp, David Gold and Mox Tan
Two-party, multi-issue real estate negotiation between representatives for a buyer and seller, where BATNAs are important
Role Simulation
Media / Communications Negotiation Role-Play:

Camilia Pictures

Robyn Cali and Robert C. Bordone
Two-party, multi-issue, potentially integrative settlement negotiation between lawyers for a large entertainment conglomerate and its wholly-owned film production company over the rights to a new documentary film and the clients' future relationship
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Cape Development Case

Two-party real estate negotiation between a developer and a representative of the owner of a parcel surrounded by the developer's land, over the future of both parcels
Role Simulation
Ethics Negotiation Role-Play:

Commonwealth v. McGorty

Robert C. Bordone and Jeremy McClane
Four-person integrative plea bargain negotiation between two prosecutors, a public defender, and an alleged assailant
Role Simulation
Ethics Negotiation Role-Play:

DONS Negotiation

Robert Bordone and Jonathan Cohen, adapted from PONS Negotiation by Nevan Elam and Whitney Fox
Four-person, two-party, two-round between a former couple and their lawyers regarding the knowing transmission of DONS, a fatal disease communicated through sexual intercourse
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Drug Testing in the Workplace

Joel Cutcher-Gershenfeld and Roger Winthrop
Three-person employment mediation between a truck driver and his company's personnel director, mediated by an Employee Assistance Program representative, regarding a positive drug test; a four-person version also includes a union representative
Role Simulation
Law / Courts Negotiation Role-Play:

Eazy's GarageTwo-party (lawyers only) version

Bruce Patton
Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill
Role Simulation
Consumer Dispute Negotiation Role-Play:

Eazy's GarageFour-party (lawyers & clients) version

Bruce Patton (adapted by Sheila Heen)
Four-party, two-stage negotiation between an auto mechanic and a client and their respective attorneys over a disputed repair bill; first stage involves lawyer-client interviews and second stage involves negotiation
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Fie's Agent

Jeremy Bird under the supervision of Melissa Manwaring
Two-party integrative e-mail negotiation between a soccer star and her long-term representative over the terms of a potential new agency contract
Role Simulation
James Lawrence
Five- or six-person mediation between manufacturing company management and a former employee (and their respective counsel) regarding the employee's departure amid allegations of sexual harassment; optional extra role for manager accused of harassment
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

MedLeeIn Pursuit of a Healthy Joint Venture

Candace Lun and Jeswald W. Salacuse
Two-party, four-issue negotiation between representatives of two companies with different national and corporate cultures regarding a possible joint venture
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Sally Soprano I

Norbert Jacker and Mark Gordon
Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Sally Soprano II

Wayne Davis, Mark N. Gordon and Bruce Patton
Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production, under conditions of full disclosure.
Role Simulation
Labor Relations Negotiation Role-Play:

Termination Tempest

Marjorie Corman Aaron
Four-person, two-team settlement negotiation between a terminated employee and counsel, and the former employer and counsel, regarding possible settlement of an age discrimination lawsuit
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Theotis Wiley

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
Role Simulation
Law / Courts Negotiation Role-Play:

United States v. Dunlop

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
Role Simulation
International Relations Negotiation Role-Play:

Welding Connection

Marjorie Corman Aaron and Jim Lawrence
Four-person grievance mediation among counsel for a welding company, a union representative, and a discharged employee over the legitimacy of the discharge, which was based on a positive drug test

Video and Audio

original
Videos and Audio

Robert H. Mnookin and Susan Hackley

An illustration of interviewing and listening techniques appropriate for lawyer-client interviews, featuring Harvard Law School Professor Robert Mnookin

Case Studies & Articles

Stephen Weiss and Sarah Tatrallyay

This case study centers on the most challenging task for a negotiator: to reach a satisfactory agreement with a tough counterpart from a position of low power—and to do so in an uncommon context. The case concerns the executive director of a zoo in the U.S. who seeks two giant pandas, an endangered species, from their only source on the planet: China.

Books

original
Book
An edited collection of writings on the topic of ethics in negotiation

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