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adversarial

See Also: Adversarial Approach.

The following items are tagged adversarial:

Mediation: Negotiating a More Satisfactory Divorce

Posted by & filed under Mediation.

We’ve all heard nightmarish stories of divorce battles that take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be daunting, especially when the principals are barely speaking to each other. In the worst-case scenario, bitter spouses hire cutthroat lawyers … Read More 

Oil Pricing Exercise

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Roger Fisher Two-team, scoreable, multiple round, “prisoner’s dilemma”-style negotiation between representatives of two countries over the monthly price for barrels of oil. … Read More 

St. Francis Hospital and the Managed Medical Model

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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 … Read More 

Puerto Mauricio Development Conflict Simulation – Parts I & II

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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) … Read More 

Meridia and Petrocentram

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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 … Read More 

For Professional Negotiators, Three Is a Magic Number

Posted by & filed under Negotiation Skills.

Everything good comes in threes, they say. For storytellers, this means understanding that readers and listeners find a sequence of three things to be memorable, satisfying, and compelling—whether it’s three bears, three little pigs, or three kings. For professional negotiators, sequences of three can be rewarding as well. The following examples of good negotiation skills … Read More 

Farrakhan Negotiation, The

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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 … Read More 

Cape Development Case

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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 … Read More 

Labor Relations: Negotiating Collective Bargaining Agreements

Posted by & filed under Teaching Negotiation.

Contract bargaining in labor relations is one of the most complex areas of negotiation and dispute resolution. There are rarely clear cut or mutually agreed upon notions of what a fair salary and benefits package would be, so employers and workers, either individually or collectively, often find themselves at odds. Furthermore, contract bargaining in a … Read More 

Book Contract, The

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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 … Read More 

What is Divorce Mediation?

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A divorce can take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be overwhelming, especially when the principals are barely speaking to each other. In the worst-case scenario, separating spouses hire cutthroat lawyers to make rigid (and sometimes outrageous) … Read More 

Business Negotiations: How to Improve Your Reputation at the Bargaining Table

Posted by & filed under Business Negotiations.

In multi-issue business negotiations, research suggests that the advantage goes to negotiators with a reputation for collaboration rather than competition. In a series of studies by Catherine H. Tinsley and Kathleen O’Connor, participants were told they would be negotiating with someone who had either a tough reputation, a cooperative reputation, or an unknown reputation. Although … Read More 

Pepulator Pricing Exercise

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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” … Read More 

Distributive Bargaining Strategies

Posted by & filed under Negotiation Skills.

Wise negotiators recognize the value of both collaborating and competing at the bargaining table. They look for ways to increase the pie of value for all parties, often by identifying differences across issues and making tradeoffs. And they also rely on distributive bargaining strategies to try to claim as much of that larger pie for … Read More 

Using Principled Negotiation to Resolve Disagreements

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Parties can often reach a better agreement through integrative negotiation—that is, by identifying interests where they have different preferences and making tradeoffs among them. If you care more about what movie you see tonight, but your friend cares more about where you have dinner, for example, you can each get your preference on the issue … Read More 

5 Good Negotiation Techniques

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You’ve mastered the basics of good negotiation techniques: you prepare thoroughly, take time to build rapport, make the first offer when you have a strong sense of the bargaining range, and search for wise tradeoffs across issues to create value. Now, it’s time to absorb five lesser-known but similarly effective negotiation topics and techniques that … Read More 

Understanding Different Negotiation Styles

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In the business world, some negotiators always seem to get what they want, while others more often tend to come up short. What might make some people better negotiators than others? The answer may be in part that people bring different negotiation styles and strategies to the bargaining table, based on their different personalities, experiences, … Read More 

Top 10 Notable Negotiations

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In 2017, all eyes were on Washington as a president with a reputation as a dealmaker entered the White House. The following negotiations from the past year, both inside and outside of politics, caught our eye due to the broader lessons they offer business negotiators. … Read More 

Will You Avoid a Negotiation Impasse?

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In the summer of 2016, Illinois became the only U.S. state in the past 80 years to go an entire year without a full operating budget, according to Reuters. It reached that dubious milestone thanks to an epic negotiation impasse between Republican governor Bruce Rauner and the Democratic-controlled state legislature. The story of the negotiation … Read More 

What To Do When Negotiations Hit a Wall

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A budget impasse growing more adversarial by the day. A government shutdown that kept hundreds of thousands unpaid, suspended vital services, and damaged the economy. Presidential threats to bypass Congress and declare a national emergency. How did we get there? The budget impasse in Washington, D.C., apparently started in 2014 when those advising Donald Trump on … Read More 

Teach Your Students Dispute Resolution for Their Everyday Lives

Posted by & filed under Teaching Negotiation.

Negotiation refers to the process of working out agreements that meet each party’s needs and address their interests. People negotiate all the time in their everyday lives: in the workplace, within families, and when buying goods and services. Knowing which negotiation strategies to use in different circumstances can make a significant difference. The Teaching Negotiation … Read More 

Teach Your Students Negotiation Psychology

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The negotiation psychology of the parties at the table can contribute significantly to the likelihood of reaching an agreement. In Beyond Reason, world-renowned negotiator Roger Fisher and psychologist Daniel Shapiro advise “ignore emotions at your own peril. Emotions are always present and often affect your experience. You may try to ignore them, but they will not … Read More 

Negotiation Training: Turning the Lows of Colorado’s Marijuana Laws into Highs

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In negotiation courses, trainees learn effective management strategies for their negotiations and how to find new negotiation opportunities at the bargaining table. Using an example from the city of Denver, Ben Markus reports for NPR’s Weekend Edition that Colorado’s recent legalization of marijuana has posed challenges to local jurisdictions in enforcing current federal law which … Read More 

Ask A Negotiation Expert: The Promise of Web-Based Negotiation

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In this new monthly feature, we ask experts from the Program on Negotiation to share their latest ideas and insights on negotiation. This month, Harvard Business School professor Max H. Bazerman describes how web-based negotiations could increase efficiency and trust in many realms. Negotiation Briefings: In-person negotiations can offer advantages over electronic negotiations—for example, in terms … Read More 

Negotiation in the News: Before building a coalition, consider the consequences

Posted by & filed under Leadership Skills.

This past July, the News Media Alliance (NMA), a trade association of approximately 2,000 U.S. and Canadian news organizations, announced that it was planning to ask Congress for a limited antitrust exemption to allow its members to negotiate collectively with Google and Facebook regarding digital advertising. With consumers increasingly accessing their news through web platforms, … Read More 

Q&A with William Ury, author of Getting To Yes With Yourself

Posted by & filed under Teaching Negotiation.

Are You Your Own Worst Enemy? We recently interviewed William Ury, co-founder of Harvard’s Program on Negotiation, one of the world’s leading experts on negotiation, and bestselling author of Getting to Yes and Getting Past No, about his new book, Getting To Yes With Yourself. Great negotiators know that the path to resolution is not always linear … Read More 

Program on Negotiation Faculty Member Daniel Shapiro Releases New Book – Negotiating the Nonnegotiable: How to Resolve Your Most Emotionally Charged Conflicts

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Program on Negotiation faculty member Daniel Shapiro’s latest book, Negotiating the Nonnegotiable: How to Resolve Your Most Emotionally Charged Conflicts, is now available at the Teaching Negotiation Resource Center. Dan Shapiro has written a masterpiece – clear, insightful, and practical – about the most difficult and emotionally-charged of negotiations…Highly recommended! -William Ury, co-author of Getting to Yes … Read More 

Conflict Resolution: Just what the doctor ordered? Bringing Judges Into Medical-Malpractice Negotiations

Posted by & filed under Conflict Resolution.

Medical-malpractice litigation can be a lengthy, expensive, and contentious process. Lawyers on both sides might spend months or years conducting discovery and deposing witnesses. As for settlement negotiations, they tend to occur late in the process and are often treated as a perfunctory step before a trial. … Read More 

When Facing An Ideological Impasse, Appeal to Status

Posted by & filed under Conflict Resolution.

In October 2013, the two houses of Congress failed to reach agreement on appropriations funding for fiscal year 2014, triggering a government shutdown that lasted 16 days. The deadlock was rooted in the insistence of the Tea Party caucus of the Republican Party that the appropriations bill include language defunding President Barack Obama’s signature piece … Read More 

Negotiating the Fiscal Crisis

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How can we avert a full-throttle drive over the fiscal cliff? Despite some promising signs of movement on both sides of the aisle, the current negotiation approach – positional bargaining – is bound to bring us dangerously close to the edge. … Read More 

Fight or Flight

Posted by & filed under Negotiation Skills.

Many things factor into whether you choose “fight or flight” when faced with a difficult situation in life. Whether it is a disagreeable coworker or a border struggle between nations, the decisions made at the onset of conflict often determine the tenor of the entire proceeding. Along with information and a good-faith desire for collaboration, knowing … Read More 

New York courts offer judge directed negotiations for medical malpractice lawsuits

Posted by & filed under Daily, Mediation.

Settlement negotiations for medical malpractice lawsuits often occur late in the litigation process, when adversarial positions have become well-entrenched, and parties have little or no inclination to compromise. In an effort to improve the success rate of these settlement negotiations, some courts in New York State are now offering “judge-directed negotiations” for parties involved … Read More 

Why Classic Cases?

Posted by & filed under Daily, Negotiation Skills, Pedagogy at PON.

Why are some negotiation exercises still used in a great many university classes even twenty years after they were written? In an effort to understand more about the enduring quality of some classic teaching materials, we asked faculty affiliated with PON to explain why they think some role play simulations remain bestsellers in the Clearinghouse … Read More 

Summary of Mediation Pedagogy Conference Participant Survey Results

Posted by & filed under Daily, Mediation, Pedagogy at PON.

To better understand the teaching needs of the mediation community, Negotiation Pedagogy at the Program on Negotiation (NP@PON) organized a Mediation Pedagogy Conference in May of 2009. In advance of the conference, an 18-question online survey was sent to the 175 conference presenters and registered participants. The 75% response rate allowed us to illuminate important … Read More 

Sharing the market

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The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises.  The Pepulator Pricing Exercise is a two-team, scoreable, multiple round, “prisoner’s dilemma”-style negotiation between representatives of two companies over the monthly price for fictional products called “pepulators”. SCENARIO: The pepulator market is controlled by two giant … Read More 

Practice taking risks

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The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Win as Much as You Can is a four-person, simplified, iterated prisoner’s dilemma exercise. SCENARIO: This exercise is analytically similar to both the Oil Pricing and Pepulator Pricing exercises. Participants’ sole objective is to maximize their … Read More