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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Role Simulations

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
Values-based / Identity-based Dispute Negotiation Role-Play:

Ellis v. MacroB

Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown
5-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faith
Role Simulation
Family Negotiation Role-Play:

Ellsworth v. Ellsworth

Frank Sander and William Ury
Two-party, multi-issue negotiation between lawyers for a divorcing couple over the terms of the divorce, including alimony, child support, and income tax issues
Role Simulation
International Relations Negotiation Role-Play:

ENCO

Jeswald W. Salacuse, Arun Venkataraman, and Fritz von Carp

Role Simulation
Education Negotiation Role-Play:

Farrakhan Negotiation, The

Eric Collins
Five-person, multi-issue negotiation among university administrators and student organizers over cost and arrangements for a controversial figure to speak on campus
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Federal Lands Management IMatching the Process to the Situation

Consensus Building Institute, Montana Consensus Council, and Bureau of Land Management
Facilitated multi-party negotiation over the appropriate decision-making process for a federal land management dispute
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Federal Lands Management IINegotiating a Resource Management Dispute

Consensus Building Institute, Montana Consensus Council and Bureau of Land Management
Facilitated multi-party negotiation over the appropriate environmental, commercial, residential, and other uses of federal lands in the Rocky Mountains
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
Danya Rumore, Anjali Lohani, and Mubarik Imam
Seven-party, seven-person, multi-issue negotiation game involving a dispute over inter-provincial water allocations. It explores issues of prediction and monitoring, water sharing, and the environmental adequacy of water flows.
Role Simulation
Jeffrey Litwak and Lawrence Susskind
Six-party negotiation among lending institution representatives, community leaders, a contractors' association, and the mayor's office to develop a public relations strategy and solutions to a foreclosure crisis caused by a widespread mortgage scam
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Fishladder Claim

Susan Podziba and Lawrence Susskind
Three-party, two-round internal negotiation among agency officials over whether to litigate or pursue non-binding arbitration to settle a contract claim against a private contractor
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Flagship Airways

Paddy Moore, Hal Movius and Lawrence Susskind
Six-person, four-issue negotiation between three representatives of an industrial manufacturer and three representatives of its primary client over restructuring of an existing purchase agreement
Role Simulation
Climate Change Negotiation Role-Play:

Flooding and Climate Change Risks in Northam

Seven-person, multi-issue facilitated negotiation among local government, community, business, environmental, and engineering representatives trying to reach agreement on a strategy for managing climate change risks in a small coastal city
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 mid-size coastal city.
Role Simulation
Catherine Preston and Lawrence Susskind
Twelve-person, two-round negotiation between six foundation board members and six school board and community leaders over efforts to address racial disparities in academic performance; internal negotiations precede external
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Fresh Air

Candace Modlin and Robert C. Bordone
Two-party or two-team, multi-issue, integrative/distributive negotiation between representatives of a new low-cost airline and a potential headquarters city over an incentives package and airport facilities
Role Simulation
Regulation Negotiation Role-Play:

Gadgets, Inc.

Cheri Peele and Lawrence Susskind
Six-party, four-issue negotiation among a company's management and union representatives, environmental groups, and state and federal environmental agencies over fines and adoption of new technology in response to the company's illegal polluting
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
Global Treaty-Making Negotiation Role-Play:

Global Management of Organochlorines

Lawrence Susskind, Sarah McKearnan, Mike Gordon, Adil Najam, Joshua Secunda, Granville Sewell, Parag Shah and Andrea Strimling
Thirteen-person, multi-issue facilitated negotiation among eight country representatives, four NGO representatives, and a working group chairperson must draft a treaty aimed at reducing harmful organochlorines; also known as "Chlorine Game"
Role Simulation
Community Dispute Negotiation Role-Play:

Grocery Store

David Eun and Bruce Patton
Two-party negotiation between a minister and a school principal over how to address racial tensions arising from alleged shoplifting at a local grocery store
Role Simulation
Michael Maturo, Kate Mahoney, Francisco Ingouville and Anthony Wanis St. John, under the direction of David Fairman
Six-person mediated negotiation among representatives of the Guatemalan government, military, rebel groups, indigenous people, and U.S. government to address post-armed-conflict human rights, land claims, and cultural and political rights issues
Role Simulation
Robert Smith and Ericka Gray
Two-party, multi-issue negotiation between a human resources director and a prospective employee over terms of hire that highlight cultural differences
Role Simulation
International Relations Negotiation Role-Play:

Hitana Bay Development Simulation

International Programme for the Management of Sustainability, with Lawrence Susskind
Ten-party, multi-issue negotiation among government, development, industry, labor, and preservation interests over port improvements, real-estate development, and environmental protection in a Caribbean island harbor expansion
Role Simulation
Community Dispute Negotiation Role-Play:

Homelessness in Niceville

Edward Scher and Lawrence Susskind
Six-person facilitated integrative negotiation among advocates for homeless people, community and business leaders, and a foundation regarding the allocation of a grant to alleviate local homelessness problems
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
Public Dispute Negotiation Role-Play:

HumboldtMediating a Regional Development Dispute

Lawrence Susskind
Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant

Books

original
Book
Samuel Dinnar and Lawrence Susskind interview eight entrepreneurs and provide a detailed analysis of what the interviewees did wrong and what they now realize they should have done to prevent, detect or respond more effectively to their errors.
original
Book
Winner of the 1991 CPR Award for Excellence in ADR (Outstanding Book Category)
original
Book

Roger Fisher, William Ury, and Bruce Patton

A straightforward, universally applicable method for negotiating personal and professional disputes without getting taken-and without getting angry.
original
Book

William Ury

Selected by TIME as one of the best negotiation books of 2015
original
Book

Jeswald Salacuse

Selected by TIME as one of the best negotiation books of 2015
original
Book

Lawrence Susskind

Win at win-win negotiating! Find trades that create much more value than either you or your opponent thought possible while satisfying the interests of your back table - the people to whom you report.
original
Book
Winner, National Institute for Advanced Conflict Resolution's 2005 Book Award - A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes
original
Book
Newly annotated edition of the management classic that proposed Theory Y - that individuals are self-motivated - as an alternative to Theory X - that employees must be commanded and controlled

Case Studies & Articles

James K. Sebenius and Jeswald Salacuse, with Daniel Curran, Laurence A. Green, Rebecca Hulse and Kristin Schneeman

A package of factual case studies featuring recipients of the Program on Negotiation's Great Negotiator Award

The Great Negotiator Collection

Videos and Audio

James Sebenius and Kristen Schneeman

Video featuring excerpts from a discussion with Ambassador Lakhdar Brahimi regarding his international negotiation experiences, including negotiating a new government for Afghanistan in 2002
original
Videos and Audio

Edited by James K. Sebenius

Video featuring excerpts from a discussion with Stuart Eizenstat regarding his efforts negotiating reparations for victims of Nazi Germany
original
Videos and Audio

Edited by James K. Sebenius and Ellen Knebel

Video featuring Ambassador Richard Holbrooke discussing his role brokering the Dayton agreement that ended the 1992-95 war in Bosnia as well as his role in resolving the multinational dispute over U.S. dues owed in arrears to the United Nations

James K. Sebenius and Jeswald Salacuse, with Daniel Curran, Laurence A. Green, Rebecca Hulse and Kristin Schneeman

A package of factual case studies featuring recipients of the Program on Negotiation's Great Negotiator Award

Video and Audio

original
Videos and Audio

Michele Ferenze, Executive Producer

An exploration of the role of "good offices" providers in long-standing, complex conflicts
Videos and Audio

James Sebenius and Kristen Schneeman

Video featuring excerpts from a discussion with Ambassador Lakhdar Brahimi regarding his international negotiation experiences, including negotiating a new government for Afghanistan in 2002
original
Videos and Audio

Edited by James K. Sebenius

Video featuring excerpts from a discussion with Stuart Eizenstat regarding his efforts negotiating reparations for victims of Nazi Germany
original
Videos and Audio

Edited by James K. Sebenius and Ellen Knebel

Video featuring Ambassador Richard Holbrooke discussing his role brokering the Dayton agreement that ended the 1992-95 war in Bosnia as well as his role in resolving the multinational dispute over U.S. dues owed in arrears to the United Nations
original
Videos and Audio

Morgan Guaranty Trust Company

Realistic video depicting the use of principled negotiation to prepare for and negotiate a bitter business dispute, featuring Getting to YES co-author Roger Fisher
original
Videos and Audio

Jeswald W. Salacuse, Program on Negotiation (2003)

Hans Brandt is a short film which presents a dramatized problem for use in courses on negotiation, conflict resolution, management, or leadership. The brevity of the film and the richness of the teaching notes make the film highly adaptable for use in a variety of classroom settings.

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