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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Periodical Subscriptions

Pedagogy at the Program on Negotiation at Harvard Law School (Pedagogy @ PON) is a venture dedicated to improving teaching and learning about negotiation.

Role Simulations

Role Simulation
Family Negotiation Role-Play:

People v. Malvenue

Ron Karp and Bruce Patton
Two-party plea bargaining negotiation between a prosecutor and the court-appointed defender for a man accused of abusing his wife, who refuses to sign the complaint against him
Role Simulation
Game Theory and Negotiation Analytics Role-Play:

Pepulator Pricing Exercise

Mark Drooks and Mark Gordon
Two-team, scoreable, multiple round, "prisoner's dilemma"-style negotiation between representatives of two companies over the monthly price for fictional products called "pepulators"
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

PowerScreen Problem

Bruce Patton, Mark Gordon and Andrew Clarkson
Two-party integrative negotiation between the lawyers for business partners concerning the ownership of a new computer program one of them has developed
Role Simulation
High School / Young Adult Negotiation Role-Play:

Probation Games

Lawrence Susskind and Susan Podziba
A set of three simulations developed for and used in training court probation officers in negotiation techniques.
Role Simulation
Mieke van der Wansem, Tracy Dyke and Lawrence Susskind
Thirteen-person, multi-issue, two-round, partially scoreable negotiation among government, industry, environmental, and farming stakeholders to develop a land-use plan (Part I) and among additional government stakeholders over plan approval (Part II)
Role Simulation
Orion Kriegman and Stacie Nicole Smith, under the direction of Stacie Nicole Smith and David Fairman
Six-person mediated negotiation among representatives of the Pullman Palace Car Company, its workers and others involved in a general strike, to address issues of workers' rights
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Radwaste I

Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle
Seven-party, multi-issue, scoreable negotiation among regulatory, environmental, tribal, local government, and industry representatives to choose criteria for selecting a low-level radioactive waste disposal site
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Radwaste II

Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle
Six-party, multi-issue negotiation among state and local government, enviromental, and industry representatives to select one of three sites for low-level radioactive waste disposal
Role Simulation
Community Dispute Negotiation Role-Play:

River Bend

Kelly Davenport with Patrick Field and Lawrence Susskind
Two-team, four-issue negotiation between three members of a Native Canadian band and three representatives of Calgary Central Gas over a planned pipeline through the band's reservation; includes internal team negotiations as well as external negotiation
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Rockwell Quarry

Todd Bryan, Alexandra Mitchell, Hilary Collins, and Sarah Fordyce Bock
Five-party, multi-issue negotiation among elected officials, property owners, and a gravel company over a permit for a gravel quarry in a recreationally valuable canyon
Role Simulation
Game Theory and Negotiation Analytics Role-Play:

Rushing River Cleanup

Bruce Patton
Three-party, scoreable, single-issue negotiation among three manufacturers over two- or three-party coalitions for complying with waste cleanup regulations; variation of Three-Party Coalition Exercise
Role Simulation
Labor Relations Negotiation Role-Play:

Salary Negotiation

Aleza Spalter
Two-party negotiation between a supervisor and employee over a possible salary raise in the context of mixed job performance
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
Cross-Cultural Negotiation Role-Play:

Seoul Food in Urbana

David Eun and Bruce Patton
Three-person mediation involving representatives of local Korean and African-American communities over racial tensions arising from an alleged shoplifting incident; a city representative serves as the mediator
Role Simulation
International Relations Negotiation Role-Play:

Ship Bumping Case

Andrew Clarkson
Two-party international negotiation between Russian and U.S. negotiators over a naval incident; teams internally prepare instructions for a representative not involved in the preparation
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Siting an Asphalt Plant in the City of Madrona

Jason Corburn and Lawrence Susskind
Six-party, multi-issue negotiation among community representatives, elected leaders, environmental and health experts, and asphalt company regarding siting of an asphalt plant in a racially mixed neighborhood
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Social ServicesA Three-Party Exercise

Denise Madigan
Three-party scoreable negotiation among three non-profit social service providers over whether to apply for funding in a consortium of two or three; variation of Three-Party Coalition Exercise
Role Simulation
Consumer Dispute Negotiation Role-Play:

Software Return

Bruce Patton
Two-party negotiation between a customer and a returns clerk about the return of a defective software package
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Solar Power

Georg Berkel
Two-party, one-issue distributive negotiation about the acquisition of a renewable energy firm
Role Simulation
Values-based / Identity-based Dispute Negotiation Role-Play:

Springfield OutFest

Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown
This is a six-person, non-scorable negotiation simulation focused on mediating values-based legal disputes, specifically disputes involving conflicting views and values regarding homosexuality and religious faith.
Role Simulation
International Relations Negotiation Role-Play:

St. Francis Hospital and the Managed Medical Model

Patricia Moore and Lawrence Susskind
Five-party, four-issue negotiation among representatives for a financially struggling hospital's administrators, doctors, and nurses over budget priorities and expanded application of the managed medical model
Role Simulation
Family Negotiation Role-Play:

Stakes of Engagement, The

Nicholas Sabin
Two-party, multi-issue, scoreable negotiation regarding a prenuptial agreement, calling for a balance of substantive and relationship concerns
Role Simulation
Law / Courts Negotiation Role-Play:

State v. Huntley

Timothy Reiser
Two-party criminal plea bargain negotiation between a prosecutor and a public defender for a man charged with aggravated rape
Role Simulation
Education Negotiation Role-Play:

Student Paper

Bruce Patton
Simple two-party awareness-building negotiation between a student and a professor regarding an assignment submitted after the deadline
Role Simulation
Public Dispute Negotiation Role-Play:

Summitville Service Agreement

Patrick Field and Tracy Dyke
A two-team (four-party), co-mediated, multi-issue negotiation simulation involving a bitter property tax dispute between a small town and an Indian band living on a nearby reservation
Role Simulation
Law / Courts Negotiation Role-Play:

Super Slipster

Matt Smith under the supervision of Robert C. Bordone, with revisions by Michael Moffitt
Two-party personal injury settlement negotiation between the attorney for the injured plaintiff and general counsel for the defendant toy manufacturing company
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Technology Equipment Partners

Tracey Brenner, under the supervision of Lawrence Susskind
Two-team, six-party, four-issue negotiation between representatives of two corporations setting up a simultaneous high-tech joint venture and purchasing agreement
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Teflex Products

Lawrence Susskind and James Lawrence
Five-party, multi-issue negotiation among representatives of a pharmaceutical company, a medical drug manufacturer, and three consumer organizations over the delayed release of a new drug

Books

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)
original
Book
From the coauthor of Getting to YES, a simple yet powerful three-step method for saying No firmly and effectively, without destroying relationships
original
Book

Max Bazerman

A guide to making better decisions, noticing important information in the world around you, and improving leadership skills.
original
Book
An exploration of why political and organizational leaders so often miss or ignore impending disasters, despite having all of the evidence necessary to anticipate them, and what they can do to prevent them
original
Book
A book of communication, difficult conversations, negotiation and life advice for college students
original
Book
This book is the first in a series of three volumes examining negotiation pedagogy, and features 22 innovative chapters written by international scholars who gathered at a Hamline-sponsored conference to begin the multi-year Rethinking Negotiation Teaching project.
original
Book
Addresses the key variables involved in negotiating with government, from the influence of bureaucracy to the perception of power on the government side of the negotiating table

Video and Audio

Videos and Audio

Sara Cobb

An educational video for mediators or mediation students regarding the management of mediation
original
Videos and Audio

Lawrence Susskind and Robert Wilkinson

This brief video simulation provides insights into the challenges surrounding principal agent dynamics and power asymmetry in negotiation.
original
Videos and Audio

Lawrence Susskind

A group of legal, business, and dispute resolution professionals negotiate a six-person, facilitated role simulation regarding the reconstruction of the World Trade Center site in New York City, following the 9/11/2001 terrorist attacks
original
Videos and Audio

Jeswald W. Salacuse

A short dramatized problem regarding a dispute between two corporate officers over the best way to improve company profitability
original
Videos and Audio

Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin

A mediation training video illustrating the non-caucus "Mediation through Understanding" model

Case Studies & Articles

The Great Negotiator Collection

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