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
Jennie Hatch under the supervision of Lawrence Susskind
Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based energy development
Role Simulation
Science-Intensive Policy Disputes Negotiation Role-Play:

IndopotamiaNegotiating Boundary-Crossing Water Conflicts

Catherine M. Ashcraft under the supervision of Professors Lawrence Susskind and Shafiqul Islam
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
Corporate Decision-Making Negotiation Role-Play:

Jerry

Ron Karp and Bruce Patton
Two-party conversation between an employee and his supervisor regarding the employee's recent poor job performance and potential termination
Role Simulation
Jennie Hatch & Kessely Hong
A three-party employment negotiation involving a mid-career student negotiating two job offers via email at the same time.
Role Simulation
Paddy Moore, with the assistance of Lawrence Susskind
Three-party negotiation among a company's human resources manager, senior manager, and a supervisor over whether to reverse plans to fire the supervisor's employee
Role Simulation
Community Dispute Negotiation Role-Play:

Juvenile Justice Restorative Circle

David Baharvar under the supervision of Robert C. Bordone
Six- or eight-party mediated restorative justice circle among juvenile offender, offender's parent, victim, community member, facilitators supporting each side, and one or two mediators, regarding a juvenile shoplifting incident
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Kelly Corporation, The

Ron Karp and Bruce Patton
Three-party brief negotiation among a supervisor and two employees who are each asking for a raise
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
Business and Commercial Dispute Negotiation Role-Play:

Law Library, The

John Palenberg, Elizabeth Gray, Deborah Winter, and Wayne Davis
Two-party negotiation between representatives of two law firms over the sale of a collection of law books
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Least-Cost Planning Exercise

Clinton Andrews and Lavinia Hall
Six-party, multi-issue mediation among electric utilities, consumer interests, environmentalists, and mediator with technical expertise, over the best way to meet increased demands for electricity
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Leaves Before the Fall

James K.L. Lawrence
Lawyers negotiate terms of an employer/employee dispute. The primary characteristic of the Leaves Before the Fall simulation is that the facts set out in each representative’s “confidential instructions” are the same – identical in every respect.
Role Simulation
Science-Intensive Policy Disputes Negotiation Role-Play:

Long RiverConfronting the Challenges of Instream Flow

Catherine Ashcraft and Larry Susskind
A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action plan
Role Simulation
International Relations Negotiation Role-Play:

Managing ChangeThe HR Challenge

Joel Cutcher-Gershenfeld
Six-party, multi-issue negotiation among human resource and line managers to create a plan for improving communication and outsourcing recruitment activities
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Managing Groundwater Beneath the Pablo-Burford Border

Lawrence Susskind
Two-team, ten-person, multi-issue, co-chaired negotiation between representatives of two adjacent countries regarding the transboundary management of a severe water shortage crisis
Role Simulation
Public Dispute Negotiation Role-Play:

Managing Growth in Rockville

Armand Ciccarelli and Lawrence Susskind
Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning
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
Rose Foley, under the direction of David Fairman and Laura Keane
Five-party, multi-issue, EU-mediated negotiation between representatives of Catholic and Protestant groups regarding a Protestant marching route through Catholic neighborhoods
Role Simulation
International Relations Negotiation Role-Play:

Marsh County Case

John Perryman
A set of four simultaneous and potentially interactive multi-party negotiations among locally elected officials, industry representatives, and community leaders regarding a range of economic, educational, environmental, and social issues
Role Simulation
International Relations Negotiation Role-Play:

Matter of Arthur Hangtough

JAMS/ Endispute
Two-party negotiation between representatives of a company and an employee over the terms of termination and severance pay amid charges of past sexual harassment by the employee
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
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
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:

Monroe Energy Assistance Game I

Allan Morgan and Lawrence Susskind
Six-party, four-issue negotiation among representatives of consumer groups, political leaders, and public utilities to develop a statewide energy assistance plan for low-income residents
Role Simulation
International Relations Negotiation Role-Play:

Monroe Energy Assistance Game II

Jeffrey B. Litwak and Lawrence Susskind
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
Business and Commercial Dispute Negotiation Role-Play:

Mouse Exercise

Geoffrey Fink and Maria Baute Stewart
Seven-party, multi-issue negotiation among a theme-park developer, neighboring mayors, a regional organization, and a national government representative over the development of a proposed theme park; involves coalition-building and cultural issues
Role Simulation
Game Theory and Negotiation Analytics Role-Play:

Multimode, Inc.

Lawrence Susskind
Two-party intra-organization negotiation between a company's financial and human resources officers regarding the amount of a budget increase
Role Simulation
International Relations Negotiation Role-Play:

Multisumma

Patricia Moore and Hal Movius with Lawrence Susskind
Six-party, four-issue negotiation among representatives of several international aircraft companies over the terms of a potential long-term partnership
Role Simulation
International Relations Negotiation Role-Play:

National Energy Policy Simulation

Eric Jay Dolin, Daniel Greenberg and Lawrence Susskind
Highly complex multi-party, multi-issue negotiation among political, industry, environmental, and consumer leaders and lobbyists to develop a detailed proposal to reduce U.S. vulnerability to changes in energy prices and supply

Books

original
Book

Gary Friedman

Designed to help people who work with parties in conflict use their inner experiences for the benefit of their clients, this book challenges many of the conventions conflict-resolution professionals bring to this field. Rooted in self-awareness, this practical guide encourages us to work from the "inside out".
original
Book

Jeswald Salacuse

In this revised edition, the nature, history, and significance of investment treaties are examined, as well as their impact on international investors and investments, and the governments that are party to them. Recent treaties, trends, and controversy are also discussed.
original
Book
Selected by the Toronto Globe & Mail as one of the Top Ten Business Books of 2006
original
Book
An edited version of three lectures on negotiation analysis by Professor Howard Raiffa

Video and Audio

original
Videos and Audio

Michael Wheeler

A simulated mediation between an aid worker and a project funder, featuring Getting to YES co-author Bruce Patton as the mediator
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
Videos and Audio

Charles Doran

Video featuring an actual landlord-tenant small claims mediation
Videos and Audio

Sarah Cobb and Lawrence Susskind

Three videos featuring guest lecturers from the "Mediation and Other Facilitative Roles in Dispute Resolution" seminar, offered by the Program on Negotiation:
Videos and Audio

Lawrence Susskind

An educational video for mediators or mediation students regarding mediator responsibility when parties have unequal knowledge, skills or power
original
Videos and Audio

Marjorie Corman Aaron and Dwight Golann

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

Marjorie Corman Aaron and Dwight Golann

An unscripted, realistic demonstration of the mediation of an employment dispute

Case Studies & Articles

Wayne H. Davis, based on an idea by Debby Lanstaff

The Great Negotiator Collection

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