negotiation

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A bargaining process through which parties attempt to forge an agreement to resolve disputes, establish a business contract, purchase a new home, or conclude a peace treaty. The Program on Negotiation’s founder Roger Fisher pioneered integrative negotiations and his book Getting to Yes is a foundational work in the field of negotiation, alternative dispute resolution, and international and domestic conflict resolution. Integrative negotiations differ from distributive negotiations in that each side seeks to create an agreement that is a win-win for both parties rather than fighting over a fixed-pie of resources. See also, Expanding the Pie – Integrative Bargaining versus Distributive Bargaining.

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Video and Audio

Videos and Audio

Deborah M. Kolb, with the Simmons College Graduate School of Management, and the Program on Negotiation at Harvard Law School


"Caitlin's Challenge" is a short case recounting Caitlin Elliot's history at a company called Microenterprises Incorporated and her negotiation with its CEO, George Baker, about a promotion and a bonus. The case is good for discussion about what makes negotiating for oneself in an organization more difficult than negotiating on behalf of others. The video can be analyzed using a moves and turns framework and it ideal for management and leadership courses in addition to negotiation and conflict resolution courses.
Videos and Audio
Produced by Larry Susskind and Warren Dent
The Program On Negotiation at Harvard Law School invited three members of its highly experienced negotiation faculty to share stories about how they have adapted their teaching strategies in various cross-cultural contexts.
Videos and Audio

David Lax

A videotaped analysis of players' scores from the PON role simulation "DEC v. Riverside"
original
Videos and Audio

Carri Hulet (producer), under the supervision of Lawrence Susskind

Highlights of dialogue from a two-day workshop on deliberative democracy and dispute resolution approaches to civic engagement

Role Simulations

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
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
Regulation Negotiation Role-Play:

Carson Extension

Holly Goo and Lawrence Susskind
Six-party, three-issue negotiation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river
Role Simulation
Public Dispute Negotiation Role-Play:

Carson Extension - Mediated Version

Holly Goo and Lawrence Susskind
Seven-person, three-issue mediation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river
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
Corporate Decision-Making Negotiation Role-Play:

Case of the Puerile Printer

Albie Davis and Ericka Gray
Six-party mediation with employees, employer, and legal counsel over the contested result of a sexual harassment grievance procedure
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Casino

Sheila Heen, Scott Peppet and John Richardson
Two-party intra-organizational discussion between a newly-promoted manager and her division vice-president over work performance, responsibility for a new computer game project, and office environment issues
Role Simulation
Community Dispute Negotiation Role-Play:

Changing Times for the Senior Center in Redwood Hills

Connie Ozawa
Multi-party, multi-issue facilitated negotiation for five or six players representing civic and business leaders and owner of a senior center regarding the expansion of other groups' use of the center
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Chemco, Inc.

Wendy Pabich and Lawrence Susskind
Six-person, five-issue negotiation between three industrial factory representatives and three environmental agency representatives over environmental and economic concerns in the wake of damaging negative publicity for both parties
Role Simulation
Public Dispute Negotiation Role-Play:

Chestnut Drive

Bruce Patton and Mark Gordon
Six-party, multi-issue, intra-group negotiation among neighbors in preparation for an external negotiation regarding a local construction project
Role Simulation
Community Dispute Negotiation Role-Play:

Chestnut Village

Thomas Wiegand
Multi-party, multi-issue negotiation between 3-4 construction company representatives and 5-6 neighborhood representatives over safety and nuisance complaints regarding a local construction project; internal team meetings precede external negotiations
Role Simulation
Technology Negotiation Role-Play:

Chiptech

Deborah Kolb
Two-party negotiation between a company's chief financial officer and the head of the human resources department regarding the budget for the department's reorganization
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Clarke v. California Insurance Co., et al.

Harvard Negotiation Project and Hastings College of Law
Two-party distributive negotiation between counsel for an insurance company and the insured regarding a disability benefits settlement
Role Simulation
Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a small, beachfront community.
Role Simulation
Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a medium-sized coastal community
Role Simulation
International Relations Negotiation Role-Play:

Collective Bargaining at Central Division

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
Global Treaty-Making Negotiation Role-Play:

Computer Waste Policy Simulation

Lawrence Susskind
Ten-party, multi-issue chaired policy dialogue among government, environmental, and industry representatives in the fictional nation of Sweland over reform of the country's waste policies, in effort to gain membership in the "European Trade Area"
Role Simulation
Community Dispute Negotiation Role-Play:

Construction in Bunyonville

Bruce Patton
Six-person, multi-issue mediation between two construction company representatives and two neighborhood residents over a construction project's safety and noise issues; mediated by two representatives of the bank financing the construction
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
Business and Commercial Dispute Negotiation Role-Play:

Costless Warehouse

Joe Voyticky
Four- or five-person negotiation to settle an employee's claim of discriminatory firing and employer's claim of illegal conduct; negotiators represent each party, with optional fifth role who knows confidential details of each party's case
Role Simulation
Education Negotiation Role-Play:

Death in the Family

Bruce Patton
Two-party, short awareness-building negotiation between a professor and a student over an assignment submitted late due to a death in the student's family
Role Simulation
Environment and Sustainability Negotiation Role-Play:

DEC v. Riverside

David Lax, James Sebenius, Lawrence Susskind, and Thomas Weeks
Two-party, multi-issue, scoreable negotiation between a manufacturer and a state environmental agency to reach a settlement over the manufacturer's pollution of a local river
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Deke Slims' Silver Dollars

Ron Karp and Bruce Patton
Three-person distributive exercise consisting of two separate two-party negotiations between the representative of an estate and two separate coin dealers over the price of a silver coin collection large enough to affect the silver market
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Designing an Integrated Account SystemFacilitation in the Company

Deborah Kolb and Lawrence Susskind
Five-person, multi-issue, facilitated negotiation among four managers and a Human Resources facilitator over the design of the company's new account system
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
John Forester
Two-party, three-issue, scoreable negotiation between a developer and a city planner over the design, process, and affordability of a proposed housing development
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
Community Dispute Negotiation Role-Play:

Dioxin - Waste to Energy Game

Denise Madigan, Steve Foster, and Lawrence Susskind
Six-party, multi-issue negotiation among four scientists, a city representative, and an environmentalist to develop the city's solid waste management strategy; also known as: Dioxin: Resource Recovery.
Role Simulation
Environment and Sustainability Negotiation Role-Play:

DirtyStuff I

Lawrence Susskind
Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product
Role Simulation
Environment and Sustainability Negotiation Role-Play:

DirtyStuff II

Jeffrey Litwak and Lawrence Susskind
Six-person, multi-issue facilitated negotiation among industry, environmental, consumer/community, labor, and government representatives to develop single-text regulation of toxic industrial by-product
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Discount Marketplace and Hawkins Development

Lawrence Bacow
Two-party negotiation between a shopping center developer and a prospective anchor tenant over the terms of the proposed lease's "use, assignment, and subletting" clause
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
Cross-Cultural Negotiation Role-Play:

DS-30

Robert Ricigliano and Victor Issraelyan
Two-party, integrative international negotiation between representatives of two neighboring countries over compensation for pollution in one of the countries caused by an industrial accident in the other country
Role Simulation
Environment and Sustainability Negotiation Role-Play:

East Falls Brownfields

Tracy Dyke, under the direction of Lawrence Susskind and Susan Podziba
Seven-person, non-scoreable, facilitated negotiation among planners, regulators and activists regarding the cleanup and redevelopment of environmentally contaminated property

Case Studies & Articles

The Great Negotiator Collection

Books

original
Book
By Susan L. Podziba. Civic fusion is when people bond to achieve a common public goal, even as they sustain deep value differences. This book offers proven strategies for moving polarized parties to consensus solutions based on the author's 25 years of mediation experience, including working with pro-life and pro-choice leaders after fatal shootings at women's health clinics, crane industry and union representatives to develop federal worker safety regulations, and citizens of a failed city that reclaimed their democracy by writing a consensus charter.
original
Book

Lawrence Susskind & Patrick Field

Winner of the 1996 CPR Award for Excellence in ADR (Outstanding Book Category)
original
Book
Bringing together auction theory and negotiation theory in a practical and accessible way, Negotiauctions is an authoritative guide to negotiating deals
original
Book

Douglas Stone, Bruce Patton, and Sheila Heen

This 10th-anniversary edition bestseller provides a step-by-step approach to having those tough conversations with less stress and more success. Updated to include a fascinating chapter: "Answers to Ten Questions People Ask".

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