bargaining

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Bargaining or haggling is a type of negotiation in which the buyer and seller of a good or service dispute the price which will be paid and the exact nature of the transaction that will take place, and eventually come to an agreement. Bargaining is an alternative pricing strategy to fixed prices. Optimally, if it costs the retailer nothing to engage and allow bargaining, he can divine the buyer’s willingness to spend. It allows for capturing more consumer surplus as it allows price discrimination, a process whereby a seller can charge a higher price to one buyer who is more eager (by being richer or more desperate). Haggling has largely disappeared in parts of the world where the cost to haggle exceeds the gain to retailers for most common retail items. However, for expensive goods sold to uninformed buyers such as automobiles, bargaining can remain commonplace.

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Books

original
Book

David Lax & James Sebenius

A path-breaking introduction to the "three dimensions" of complex negotiated deal-making: table tactics, deal design, and the crucial but often overlooked dimension of setup
original
Book

Howard Raiffa

Winner of the 1985 Leo Melamed Prize of the Journal of Business for the most significant published work by a faculty member in a school of business in the preceding two years.
original
Book
Robert Mnookin offers practical advice for the most challenging conflicts -- when you are facing an adversary you don't trust, who may harm you, or who you may even feel is evil.
original
Book
A practical explanation of how to transition from a deal-maker mentality (focusing on making the agreement) to an implementation mindset (ensuring the deal generates value for your company after the ink on the contract has dried)

Role Simulations

Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

67 Fish Pond Lane

Elizabeth Gray, Mark Gordon and Bruce Patton
Two-party distributive and potentially integrative negotiation between principals over the sale of a house
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Ad Sales, Inc.

Lawrence Susskind
Six-party, multi-issue contract negotiation between management and union members of a publishing firm
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Appleton vs. Baker

Lawrence Susskind
Two-party, single-issue distributive negotiation between principals regarding a potential real estate sale
Role Simulation
International Relations Negotiation Role-Play:

Arms Control on Cobia

P. Terrance Hopmann
Multi-issue arms control negotiation among representatives of eight fictional countries
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
Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues
Role Simulation
Mediation Role-Play:

Broken Benches

Author(s): Marjorie Corman Aaron and JAMS/Endispute
Four-person mediation and/or arbitration of a personal injury claim, among plaintiff, plaintiff's lawyer, and counsel for defendant's insurance company; arbitrator roles include possible plaintiff or defense bias
Role Simulation
Cross-Cultural Negotiation Role-Play:

Canada-China Panda Acquisition Negotiation

Stephen Weiss
Two-team (6 person), multi-issue contract negotiation between Canadian zoo CEOs and representatives of Chinese organization responsible for giant panda loans
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
Family Negotiation Role-Play:

Carter Estate Problem, The

Mark Drooks, Andrew Tavel, Kenneth Hyatt, Mark Gordon, and Bruce Patton
Two-party, multi-issue integrative negotiation between brothers over the settlement of their father's estate
Role Simulation
Lawrence Susskind, Charles Hecksher, and Elaine Landry
Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a telephone company; includes an internal team meeting before external negotiations
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
Corporate Decision-Making Negotiation Role-Play:

Contract Negotiations in the Building Trades

Lawrence Susskind
Nine-party, multi-issue contract negotiation among three coalitions involved in the building trades; includes internal coalition meetings before the external negotiations
Role Simulation
Public Dispute Negotiation Role-Play:

Development Dispute at Menehune Bay

Lawrence Susskind, Thomas Dinell, and Vicki Shook
Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii
Role Simulation
Public Dispute Negotiation Role-Play:

Development on Bay Island

Rafael Montalvo and Bruce Stiftel
Two-party distributive negotiation between a developer and a city representative over the amount of money the developer will pay the city to defray costs associated with development
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
Business and Commercial Dispute Negotiation Role-Play:

GE International Contract

Duncan MacLaren; adapted from The Tendley Contract
Two-party potentially integrative contract negotiation between representatives of a large corporation and a consulting firm over very different expectations of the cost of services
Role Simulation
Family Negotiation Role-Play:

George and Martha

Two-party integrative negotiation between representatives for a divorcing couple over the amount of child support payments
Role Simulation
Joel Cutcher-Gershenfeld, Dale Bricker and Lawrence Poe
Two-team, six-issue negotiation between three teachers' union representatives and three school district representatives over a meeting agenda and a proposed wellness program, among other issues
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Hong Kong Property Deal

Larry Crump, based on a concept developed by Lawrence Susskind
Two-party potentially integrative negotiation between a property owner and a neighboring business over the sale of two real estate parcels
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Jefferson Hazardous Waste Negotiation

Vicki Arroyo and Lawrence Susskind
Eight-party, five-issue negotiation among community, environmental, business, and government interests over the formulation of a statewide hazardous waste siting policy
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
Regulation Negotiation Role-Play:

Lake Wasota Fishing Rights

Denise Madigan, Tod Loofbourrow with teaching notes by Eileen Babbitt and Lawrence Susskind
Six-party, six-issue, scoreable negotiation among representatives of tribal, state, federal, recreation, and business interests over fishing rights in a large lake
Role Simulation
Technology Negotiation Role-Play:

Lattitude.com

Melissa Manwaring
Two-party distributive e-mail negotiation regarding the potential sale of a domain name
Role Simulation
Labor Relations Negotiation Role-Play:

MAPO – Administration Negotiation

Mark Gordon, Elizabeth Gray, Tim Rieser, and Lynn Gerber
Two-team, multi-issue collective bargaining negotiation between three police union representatives and three municipal representatives over police salaries, benefits, and working conditions
Role Simulation
International Relations Negotiation Role-Play:

MC Metals

Dan Delisi, under the supervision of Lawrence Susskind and Paul Levy
Six-person integrative negotiation among representatives of manufacturing company, occupational safety agency, union, local fire department, and local technical expert to settle claims of safety violations that allegedly caused two employee deaths
Role Simulation
International Relations Negotiation Role-Play:

Meridia and Petrocentram

Abram Chayes and Antonia Handler Chayes
Two-party, four-issue negotiation between representatives of a Central American country and an international petroleum corporation over the terms of an offshore drilling project
Role Simulation
International Relations Negotiation Role-Play:

Mountain View Farm

Roger Fisher and Andrew Clarkson
Two-party, multi-issue integrative negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor's land
Role Simulation
Public Dispute Negotiation Role-Play:

Negotiated Development in Redstone

Lawrence Susskind and John Forester
Two-party, two-issue scoreable negotiation between a developer and a neighborhood association representative regarding the development terms of a new condominium project
Role Simulation
International Relations Negotiation Role-Play:

Negotiating Budget Cuts at Newtowne Hospital

Lawrence Susskind
Six-person negotiation among hospital administration and employee representatives to reach consensus on budget cuts in three departments
Role Simulation
International Relations Negotiation Role-Play:

New Crimea Prison Overcrowding Simulation

Susan Podziba and Lawrence Susskind
Eight-party, multi-issue negotiation among prison administrators, government leaders, criminal justice advocates, and prisoners' rights advocates to develop recommendations for a comprehensive state policy to alleviate prison overcrowding
Role Simulation
International Relations Negotiation Role-Play:

Ocean Splash

The Consensus Building Institute, Inc.
Two-party, two-issue scoreable negotiation between a charity and a corporate sponsor regarding the number and placement of advertising banners at a fundraising walk

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.

Video and Audio

original
Videos and Audio

Marjorie Corman Aaron and Dwight Golann

An unscripted, realistic demonstration of the mediation of a commercial legal dispute

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