positional bargaining

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An approach to negotiation that frames negotiation as an adversarial, zero-sum exercise focused on claiming rather than creating value. Typically, one party will stake out a high (or low) opening position (demand or offer) and the other a correspondingly low (or high) one. Then a series of (usually reciprocal) concessions are made until an agreement is reached somewhere in the middle of the opening positions, or no agreement is reached at all. (Bruce Patton, Building Relationships and the Bottom Line: The Circle of Value Approach to Negotiation [Harvard University Press, 2004], 288). Negotiating the Fiscal Crisis, BATNA for the Holidays? Program on Negotiation Co-Founders Bruce Patton and William Ury Discuss the Fiscal Cliff with NPR, A Peacekeeper Abandons Negotiations in Syria.

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Role Simulations

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single-issue distributive negotiation between a publisher and a literary agent over the advance payment for the agent's unpublished but very promising client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
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
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
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 I

Norbert Jacker and Mark Gordon
Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Tendley Contract

Two-party integrative contract negotiation between a computer consultant and a school district representative at an apparent impasse over different expectations over cost of services

Case Studies & Articles

A 27-page handbook designed to introduce high school students to problem-solving, interest-based negotiation

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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