Learn how to negotiate like a diplomat, think on your feet like an improv performer, and master job offer negotiation like a professional athlete when you download a copy of our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.


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The range of possible things you can do away from the table without the other negotiator’s agreement. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 19)

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Hydropower In Santales

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Jennie Hatch under the supervision of Lawrence Susskind Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based energy development … Read More 

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Negotiating About Pandas for San Diego Zoo

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Stephen Weiss and Sarah Tatrallyay This case study centers on the most challenging task for a negotiator: to reach a satisfactory agreement with a tough counterpart from a position of low power—and to do so in an uncommon context. The case concerns the executive director of a zoo in the U.S. who seeks two giant pandas, … Read More 

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Water Diplomacy

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Shafiqul Islam and Lawrence E. Susskind In this book, the authors show how open and constantly changing water networks can be managed successfully using collaborative adaptive techniques to build informed agreements among disciplinary experts, water users with conflicting interests, and governmental bodies with countervailing claims. … Read More 

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Dealing with Difficult People

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At the Program on Negotiation at Harvard Law School (PON), we are dedicated to helping professionals deal with hard bargainers and resolve even the most challenging disputes. To help you understand the principles of negotiation and conflict resolution, we put together a special report: Dealing With Difficult People. Discover how to collaborate, negotiate, and bargain … Read More 

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Sally Soprano: Role-Play Simulation

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Sally Soprano is a distinguished soprano who is now somewhat past her prime. She has not had a lead role in two years but would like to revive her career. The Lyric Opera has a production scheduled to open in three weeks, but its lead soprano has become unavailable. Lyric’s representative has requested a meeting … Read More 

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Negotiation Skills: Threat Response at the Bargaining Table

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When someone issues a threat or an ultimatum, take a step back and diagnose the problem. Consider how you would respond to threats and ultimatums such as these during negotiation. In the face of such tough talk, should you strike back with a counterthreat? Probably not. Because counterthreats raise the emotional temperature of a negotiation, … Read More 

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ENCO

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Jeswald W. Salacuse, Arun Venkataraman, and Fritz von Carp … Read More 

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Value Claiming in Negotiation

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In most negotiations, we face two goals: claiming value and creating value. Value can be defined as anything you would like to get out a negotiation, whether it be more dollars, a consulting contract, a new rug, an end to conflict, and so on. … Read More 

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Multiparty NegotiationFour-Volume Set

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This comprehensive four-volume collection on multiparty negotiation brings together nearly 100 classic works and cutting-edge papers from law, international politics, organization studies and public administration … Read More 

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Theotis Wiley

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Jake Erhard, under the supervision of Robert Bordone Two-party integrative negotiation between agents for a basketball player and a shoe manufacturer over a possible sneaker endorsement deal … Read More 

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Negotiate International Energy Contracts with ENCO

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ENCO: Negotiating International Contracts in the Face of Political Instability Negotiating international contracts can be tricky, and unstable, especially when governments are parties in the negotiation. ENCO is a Texas-based power company that has begun to move aggressively into emerging markets. The Indian government has approached ENCO to build an electrical generating plant to increase the power … Read More 

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Technology Equipment Partners

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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 … Read More 

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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 

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Negotiation Skills: Building Trust in Negotiations

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Negotiation Skills: Building Trust in Negotiations

Trust may develop naturally over time, but negotiators rarely have the luxury of letting nature take its course. Thus it sometimes seems easiest to play it safe with cautious deals involving few tradeoffs, few concessions, and little information sharing between parties. … Read More 

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Drug Testing in the Workplace

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Joel Cutcher-Gershenfeld and Roger Winthrop Three-person employment mediation between a truck driver and his company’s personnel director, mediated by an Employee Assistance Program representative, regarding a positive drug test; a four-person version also includes a union representative … Read More 

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Common Measures

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Paddy Moore, Hal Movius, and Lawrence Susskind Five-party, four-issue negotiation among managers at an aircraft engine company with the goal of improving quality and operations processes … Read More 

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Bullard Houses

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Ron Karp, David Gold and Mox Tan Two-party, multi-issue real estate negotiation between representatives for a buyer and seller, where BATNAs are important … Read More 

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Bradford Development

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Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues … Read More 

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Bankruptcy Multiparty Negotiation Simulation

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James Emerson with Ben Longoria, under the supervision of Professors Robert Mnookin and Lawrence Susskind This exercise is a six-party simulation of multiparty negotiations in a bankruptcy (reorganization) and mass torts context. The simulation represents a … … Read More 

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Win Win Negotiation: Managing Your Counterpart’s Satisfaction

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win win

As the following points of win-win negotiation will demonstrate, ensuring that your counterpart is satisfied with a particular deal requires you to manage several aspects of the negotiation process, including his outcome expectations, his perceptions of your outcome, the comparisons he makes with others, and his overall negotiation experience itself. … Read More 

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Sally Soprano I

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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 … Read More 

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Developing Negotiation Skills for Integrative Negotiations – Does Personality Matter?

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Imagine that after some negative experiences at the bargaining table or if you are frustrated in your efforts to improve your negotiation skills, you’ve started to worry that you simply don’t have the right personality to be a great negotiator let alone a value-creating, integrative negotiations expert. The other party always seems to get the … Read More 

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Diplomatic Negotiations: The Surprising Benefits of Conflict and Teamwork at the Negotiation Table

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As the US presidential primary season heats up for both parties, it helps to take a look back at the 2008 US presidential election and the win-win coalition forged between Barack Obama and his then-rival, Hillary Clinton. As this example demonstrates, if carefully managed, disagreements can lead to better results than you might expect. … Read More 

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Team Building Using Negotiation Skills

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To avoid conveying weakness to the other side, rather than calling for a break at the first sign of trouble, some teams devised secret signals they could use to bring wayward members in line—for instance, someone might stretch out her arms to communicate to another member that he’s getting off track. … Read More 

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Negotiation Ethics: Dealing with Deception at the Bargaining Table

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negotiation ethics

In his book Bargaining for Advantage: Negotiation Strategies for Reasonable People (Penguin, 2006), G. Richard Shell analyzes this story from Nancy Griffin and Kim Masters’s book Hit & Run: How Jon Peters and Peter Guber Took Sony for a Ride in Hollywood (Simon & Schuster, 1996) as an example of the deceptive tactics negotiators sometimes … Read More 

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Using Integrative Negotiation Techniques to Close the Deal

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integrative negotiation techniques

Like a contingency, a condition to a deal is a related though far less common deal-structuring technique. A condition is an ‘if’ statement like a contingency, but, whereas a contingency depends on unknown future events, a condition is entirely within the control of the parties involved. … Read More 

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Negotiation Analysis: The US, Taliban, and the Bergdahl Exchange

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Negotiation Analysis: The US, Taliban, and the Bergdahl Exchange

The exchange between the United States and the Taliban of Sergeant Bowe Bergdahl for five Taliban leaders held at Guantanamo Bay, Cuba, represented the first public prisoner exchange of a US soldier in the thirteen year US involvement in Afghanistan. The background of the deal including how Private First Class Bergdahl (promoted twice to Sergeant … Read More 

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How to Find the ZOPA in Business Negotiations

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zopa in business

In business negotiation, two polar-opposite errors are common: reaching agreement when it wouldn’t be wise to do so, and walking away from a mutually beneficial outcome. How can you avoid these pitfalls? Through careful preparation that includes an analysis of the zone of possible agreement, or ZOPA in business negotiations. … Read More 

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What is Negotiation?

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negotiation

Many people dread negotiation, not recognizing that they negotiate on a regular, even daily basis. Most of us face formal negotiations throughout our personal and professional lives: discussing the terms of a job offer with a recruiter, haggling over the price of a new car, hammering out a contract with a supplier. … Read More 

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The Importance of a Relationship in Negotiation

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The Importance of a Relationship in Negotiation

A relationship is a perceived connection that can be psychological, economic, political, or personal; whatever its basis, wise leaders, like skilled negotiators, work to foster a strong connection because effective leadership depends on it. … Read More 

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How to Negotiate Salary: 3 Winning Strategies

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How to Negotiate Salary

The question of how to negotiate salary seems to preoccupy negotiators more than any other—and with good reason, considering how dramatically even a small salary increase can impact our lifetime earnings. The following three salary bargaining tips from leading negotiation experts will help you gain more from your new-job negotiations. … Read More 

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What is BATNA?

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BATNA

What is BATNA? Negotiations in which each counterpart has a best alternative to a negotiated agreement are scenarios in which the incentive to work together must exceed the value of alternatives away from the negotiation table. … Read More 

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What is the Anchoring Bias?

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what is the anchoring bias

It may be the most burning question in business negotiation: Should you make the first offer? Traditionally, negotiators were advised to wait for the other side to make a first offer. According to this reasoning, the other side’s offer gives you valuable information about his goals and alternatives. More recently, however, research on the anchoring bias has … Read More 

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Are You Ready to Negotiate?

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Are You Ready to Negotiate?

“Winging it” is a fine approach to life’s minor decisions, but in negotiation, it can be disastrous. Follow these three preparation steps and improve your agreements. … Read More 

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Google’s Negotiations with Groupon: How Business Negotiators Can Maximize Value Claiming When Engaging in Integrative Negotiations

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It seemed to be a match made in Internet heaven. In late 2010, Google made a $6 billion bid for Groupon, the Chicago­based company that e­mails daily coupon deals for local goods and services to consumers around the world. (If enough people sign up, the daily deal “tips,” meaning the coupons are issued; otherwise, the … Read More 

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How Does Mediation Work in a Lawsuit?

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How Does Mediation Work

No one likes to go to court. Not only is it expensive and time-consuming, but it often leads to frustrating results and damaged relationships. So, how does mediation work in a lawsuit and is legal mediation a better route? … Read More 

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5 Dealmaking Tips for Closing the Deal

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dealmaking

When you’ve made progress on certain issues but remain stymied on others in a negotiation, it’s time to take a hard look at what’s standing between you and a mutually acceptable deal. Professor Robert Mnookin of Harvard Law School and his colleagues at Stanford University have created a catalog of common dealmaking barriers to agreement, … Read More 

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Negotiating Indigenous Land Rights

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Indigenous Land Rights

Teach Your Students to Address Fundamental Value Differences While Negotiating Indigenous Land Rights Indigenous land rights have been a key aspect of negotiations by private companies and governments around the world. Indigenous land rights are the rights of indigenous peoples to land and natural resources, which they have occupied for hundreds, if not thousands, of years. … Read More 

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Win Win Negotiations: Can’t Beat Them? Join a Coalition.

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win win negotiations

This negotiation case study demonstrates the power of coalitions to achieve objectives at the bargaining table. How can negotiators cooperate with bargaining counterparts to create value for both sides? Here is the strategy used by Wyoming ranchers to achieve just that. … Read More 

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6 Bargaining Tips and BATNA Essentials

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bargaining tips BATNA

The best bargaining tips taught by the experts should offer ways to enhance your bargaining power in negotiation. To do this, you must cultivate a strong BATNA, or best alternative to a negotiated agreement. The more appealing your best alternative is, the more comfortable you will feel asking for more in your current negotiation—secure in … Read More 

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Video: Setting the Stage for Productive Negotiations

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productive negotiations

Understanding how to arrange the meeting space is a key aspect of preparing for productive negotiations. In this video, Guhan Subramanian, professor at Harvard Law School and Harvard Business School, discusses a real world example of how seating arrangements can influence a negotiator’s success. The discussion was held in his negotiation training workshop “Setting the … Read More 

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Arbitration vs Mediation: Using Teambuilding and ADR in Negotiation

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During his years as George H.W. Bush’s Secretary of State, one of James A. Baker, III’s, goals was to encourage the free-market reforms that Communist Party of the Soviet Union General Secretary Mikhail Gorbachev had launched in the late 1980s. One day during his tenure, a high-level Bush administration official commented in the press that … Read More 

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For Professional Negotiators, Three Is a Magic Number

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professional negotiators

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 

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Conflict Management and Negotiating When Pride is at Stake

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conflict management

The fallout from Iceland’s financial crisis offers a case study in dealing with those who have suffered a significant blow to their self-esteem. In late 2008, Iceland teetered on the edge of bankruptcy following the collapse of its three largest banks. Since becoming independent of the government in 2002, the banks had pursued a strategy … Read More 

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Negotiation Advice: When to Make the First Offer in Negotiation

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negotiation advice - when to make the first offer in negotiation

When or when not to make the first offer in negotiations is a question many expert negotiators ask themselves when approaching business negotiations, real estate transactions, or even interpersonal negotiations with friends and family. In this article drawn from negotiation research, we offer negotiating skills and negotiation tips for when, and when not, to make … Read More 

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How to Deal with Outsiders at the Bargaining Table

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top ten business negotiation examples of 2013 dell negotiation

How can negotiators anticipate roadblocks earlier in the bidding process? The following example attests to the necessity of thinking through the range of problems you could face in an upcoming negotiation, including threats from deal challengers and outsiders. … Read More 

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Negotiate Your Way to Holiday Cheer: Leveraging BATNA at the Dinner Table

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It’s the most wonderful time of the year, or so they say. As we look ahead to winter vacation and seemingly endless days of family celebrations, many feel a sense of dread, anticipating tensions and conflict as drearily predictable as overcooked turkey and practical gifts. Even those who look forward to family get-togethers often end … Read More 

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How Mediation Works

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When negotiators can’t come to agreement but want to avoid an expensive, time-consuming, and potentially rancorous lawsuit, mediation is often their most logical choice. Mediation can help to resolve a wide range of disputes. … Read More 

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Beware Your Counterpart’s Biases

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In the past we have encouraged you to ‘debias’ your own behavior by identifying the assumptions that may be clouding your judgment. We have introduced you to a number of judgment biases – common, systematic errors in thinking that are likely to affect your decisions and harm your outcomes in negotiation. Learn how to identify … Read More 

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10 Top Negotiation Examples

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10 Top Negotiation Examples

Here’s a recap of some of the most interesting and challenging negotiation examples, featuring many of the world’s most famous negotiators. … Read More 

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What is Alternative Dispute Resolution?

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So, you’re stuck in a serious dispute, but you’re desperate to avoid the hassle and expense of a court case. You’ve heard about alternative dispute resolution but are not sure what it entails. … Read More 

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Conflict Resolution Games: Life, Death, and Career Consequences

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High-Stakes Conflict Resolution Games In Drug Testing in the Workplace—a popular role-play from the TNRC—a truck driver tests positive for marijuana in a random drug test. To play this conflict resolution game, participants assume the roles of truck driver, personnel director, and a representative from the Employee Assistance Program Center, and then explore the question: What is the … Read More 

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Negotiation Research Examines Ethics in Negotiating Scenarios

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A lack of transparency regarding negotiations between hospitals and the insurers known as preferred provider organizations, or PPOs, is a key contributor to spiraling health-care costs in the United States, according to an August article in the New York Times. The problem starts with the somewhat arbitrary, sky-high prices that hospitals put on their supplies and … Read More 

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With Patient Approach, FBI Steered Oregon Occupiers Toward Their BATNA

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The 41-day armed takeover of the Malheur National Wildlife Refuge in Oregon ended on February 11 when the last occupiers surrendered. Federal authorities in six states also arrested seven others accused of being involved in the occupation, according to the Associated Press. The standoff had begun when Ammon Bundy and his followers took over the … Read More 

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The High Cost of Bad Advice at the Negotiation Table

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If you’re thinking about buying a house, one of your first moves may be to choose a real estate agent who can advise you through the process. If you want a big-name publisher to buy your book, you probably will try to sign on an experienced literary agent as your counselor and advocate. Less formally, … Read More 

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In Negotiations with Ben Affleck, No Appealing BATNA

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in negotiations with ben affleck no appealing batna

In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. Having a strong outside alternative enables you to walk away from a deal that doesn’t meet your needs or that would compromise your vision or ethics. But when you are dealing with a negotiating partner who seems irreplaceable, … Read More 

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Business Negotiation Techniques and Dealmaking – Bargaining with Agents

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Managing a Multiparty Negotiation

When using an agent in negotiation, your negotiation strategy and definitely the negotiation techniques you use to achieve success at the bargaining table change – but how much so? How different is negotiating with an agent from negotiating with an equal counterpart? In this article the Program on Negotiation explores the business negotiation techniques negotiators … Read More 

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What Does Conflict Management Mean in Business Negotiations with Competitors?

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They say it pays to keep your friends close and your enemies closer, but in business negotiation, keeping your enemies—or competitors—close could end you up in court, as Apple’s recent encounter with the U.S. Department of Justice suggests. The story begins back in 2007 when, unhappy with Amazon’s low, flat price of $9.99 for e-books, five … Read More 

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How Does Mediation Work?

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How does mediation work in practice? As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel. Mediation can include some or all of the following six steps, writes Kimberlee K. Kovach in The Handbook of Dispute Resolution (Jossey-Bass, 2005): 1. Planning. Before mediation begins, the mediator helps the parties decide where … Read More 

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Tough Negotiation Tips from Jennifer Aniston?

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Fans of the television show Friends got a treat last month when Netflix made all 236 episodes of the blockbuster hit available to stream online. At first glance actors Lisa Kudrow, Jennifer Aniston and the rest of the star-studded cast might not be your first pick to peg as formidable negotiators, but at the height … Read More 

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Negotiation Skills: Should Put Off What You Could Negotiate Today?

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To reach agreement, negotiators sometimes postpone the resolution of certain issues until a later date. We look at how this practice plays out in the real world. Remember the federal debt ceiling talks? In mid-2011, congressional Republicans insisted on significant spending reductions from their Democratic counterparts in exchange for voting to raise the nation’s debt … Read More 

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Crisis Negotiations: Program on Negotiation Chair Robert Mnookin Joins Guest Panel on CNN Tonight to Discuss the Release of Bowe Bergdahl

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CNN Tonight host Dan Lemon recently featured Program on Negotiation Chair Robert Mnookin along with fellow Harvard Law School professor Alan Dershowitz, storied commentator Anne Coulter, and Peter Bergen, CNN national security analyst, for a panel discussion regarding the recent exchange of Taliban prisoner for US soldier, Bowe Bergdahl. The night’s discussion centered on whether or … Read More 

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Conflict Management: Becoming a Team Player

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Show me the money!” That refrain from the 1996 movie Jerry Maguire, shouted by a football player to his agent, continues to echo through U.S. professional sports negotiations today. A public arena, enormous piles of cash, and even bigger egos combine to make sports negotiations a unique context. Yet anyone who has negotiated through agents, … Read More 

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In Business Negotiations, 12 Strategies for Curbing Deception

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In negotiation, deception can run rampant: parties “stretch” the numbers, conceal key information, and make promises they know they can’t keep. Unfortunately, most of us are very poor lie detectors. Even professions that encounter liars regularly, such as police officers and judges, do not perform better than chance at detecting deception, Professor Paul Ekman of the … Read More 

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PON panel discusses Track II Negotiations, Islands of Coordination and Unilateral Moves in the New Middle East

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On March 4th, the Program on Negotiation at Harvard Law School hosted a panel discussion entitled: “Negotiations by Other Means: Track II, Unilateral Action, Robust Third Party Role and Islands of Coordination in the New Middle East.”    

  The panel featured three veterans of high profile Israeli-Palestinian diplomacy: Ambassador Dore Gold, President of the Jerusalem Center for … Read More 

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International Negotiations: Threats at the Bargaining Table

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The agreement seemed well on its way to being passed. On November 20, U.S. Secretary of State John Kerry announced that the United States and Afghanistan had finished negotiating a bilateral security agreement.  The terms included a continued American troop presence through 2024 and a promise of billions in international aid to the Afghan government. The … Read More 

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A Value-Creating Condition Thwarted

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In late 1999, with its stock in free fall, NCS HealthCare, a provider of pharmacy services to long-term care facilities, began “exploring strategic alternatives” – code in the mergers and acquisitions world that NCS’s board wanted to put the company up for sale. In 2001, Omnicare, a larger provider in the same general industry, offered to … Read More 

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Leading Horses to Water

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The hardest step in negotiation is often the first. Costly lawsuits can drag on it everyone is afraid to be the first to blink. Prospective buyers and sellers can waste endless hours dancing around a possible deal. And in collective bargaining, labor and management teams sometimes paint themselves into corners by refusing to negotiate “matters … Read More 

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When Others are Counting on You

Posted by & filed under Conflict Resolution.

Unless your official title is “lawyer” or “agent” you probably don’t think of yourself as an agent. But if you’ve ever represented a family member, your boss, your department, or your organization in a negotiation, you’ve served as that party’s agent. Representing others at the bargaining table creates both opportunities and hazards. In their book, Negotiating … Read More 

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Are You Avoiding a Key Negotiation?

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Imagine that it’s time to shop for a new car. A friend has told you that she solicited bids from dealers on a no-haggle website and was offered a good, nonnegotiable price. You consider going this route but wonder if you could get an even better deal by negotiating at the dealership. Would you choose … Read More 

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Negotiate for what you really want

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It may seem elementary, but one of the first questions you should ask when you’re thinking about negotiating for an important purchase is whether you truly want or need it. We tend to assume that future events—such as buying a new car or signing a seemingly important contract—will have a lasting impact on our overall happiness. … Read More 

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Negotiating the Distance Between You

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Adapted from “How to Negotiate When You’re (Literally) Far Apart,” by Roderick I. Swaab (professor, INSEAD) and Adam D. Galinsky (professor, Northwestern University), first published in the Negotiation newsletter, February 2007. Growing economic globalization offers a multitude of new opportunities yet often necessitates alternatives to face-to-face meetings, such as phone calls, e-mails, videoconferences, or instant messages. … Read More 

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Should you deal with the devil?

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Adapted from “Should You Do Business with the Enemy?” first published in the Negotiation newsletter, March 2010. At one time or another, most of us have faced the prospect of negotiating with a sworn enemy—whether a “greedy” sibling, an “evil” ex-spouse, or an “immoral” company. There is no right or wrong answer to the question … Read More 

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When irrationality isn’t the issue

Posted by & filed under Business Negotiations.

Adapted from “Is Your Counterpart Rational . . . Really?” by Deepak Malhotra (professor, Harvard Business School), first published in the Negotiation newsletter, March 2006. How can you negotiate with someone who seems irrational? First, by questioning whether it is reasonable for you to judge your counterparts as irrational. As it turns out, behavior that negotiators … Read More 

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After the deal breaks down

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Adapted from “Redoing the Deal,” by Jeswald W. Salacuse (professor, Fletcher School of Law and Diplomacy, Tufts University), first published in the Negotiation newsletter, August 2005. If you’re like many professionals in these uncertain times, you are probably spending as much time redoing old deals as you are negotiating new ones. Here are four suggestions on … Read More 

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Negotiators: Keep yourself honest

Posted by & filed under Business Negotiations.

Adapted from “When You’re Tempted to Deceive,” by Ann E. Tenbrunsel (professor, the University of Notre Dame) and Kristina A. Diekmann (professor, University of Utah), first published in the Negotiation newsletter, July 2007. To ensure that you negotiate ethically, you’ll need to identify ethical dilemmas and view unethical behavior clearly. Four guidelines will help you meet … Read More 

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How to Get to the Table

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Adapted from “Leading Horses to Water,” first published in the Negotiation newsletter. The hardest step in negotiation is often the first. Costly lawsuits can drag on if everyone is afraid to be the first to blink. Prospective buyers and sellers can waste endless hours dancing around a possible deal. And in collective bargaining, labor and management … Read More 

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Make Your Best Offer Look Better

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Adapted from “Picking the Right Frame: Make Your Best Offer Seem Better,” by Max H. Bazerman (professor, Harvard Business School), first published in the Negotiation newsletter. Imagine that you bought a house in 2000 for $400,000. You have just put it on the market for $499,000, with a real target of $470,000—your estimation of the house’s … Read More 

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How to Turn a Maybe Into a Yes

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Adapted from “Closing the Deal,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter. You’ve followed the negotiation guidebooks to a T, uncovered the parties’ key interests, brainstormed creative solutions, and even developed good rapport with your counterpart. You’ve done everything right…but you still don’t have agreement. How do you turn the other … Read More 

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The Right Time to Negotiate

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Adapted from “Telling Time in Different Cultures,” first published in the Negotiation newsletter. Despite the bloody conflicts in the Middle East, people of goodwill from both Arab and Western nations earnestly seek to collaborate in diplomatic and business transactions. An article by Ilai Alon of Tel Aviv University and Jeanne Brett of Northwestern, however, cautions that … Read More 

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The Regretful Negotiator

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Adapted from “Second Thoughts,” first published in the Negotiation newsletter. “Of all sad words of tongue or pen,” wrote the poet John Greenleaf Whittier, “the saddest are these: ‘It might have been.'” Many negotiators would second that sentiment. Regret can be a powerful emotion when a deal slips through our fingers or when we kick ourselves … Read More 

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Professor Robert Mnookin Discusses Apple and the Beatles in the NY Times

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PON Chair Robert Mnookin was interviewed by the NYTimes Dealbook about the recent deal made allowing iTunes to sell music by the Beatles. “Professor Mnookin noted that he often tells his students, ‘Before you go into any negotiation, any party should ask, what are my interests, what do I care about, and what are my alternatives … Read More 

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Too Tough Talk?

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Adapted from “Break Through the Tough Talk,” by Kristina A. Diekmann (University of Utah) and Ann E. Tenbrunsel (Notre Dame University), first published in the Negotiation newsletter. You might think that cultivating a reputation as a tough bargainer might be the best way to cope with a competitive opponent. But this isn’t necessarily the best strategy. … Read More 

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Jeswald Salacuse Article Published in Tufts Magazine

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Jeswald Salacuse published a column in the Summer 2010 issue of Tufts Magazine. His article suggests that weaker parties can:

Build relationships with third parties Develop alternatives Use linkage Take initiative Divide and conquer

To read Professor Salacuse’s full article, entitled The Lion and the Lamb: Do the Strong Always Devour the Weak, click here. … Read More 

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Choosing Your Next Relationship

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Adapted from “For Better or Worse: How Relationships Affect Negotiations,” by Kathleen L. McGinn (professor, Harvard Business School), first published in the Negotiation newsletter. Six years ago, Esther Lorenza, an experienced entrepreneur and the founder of a new Internet and catalog retailer, concluded that only one supplier could meet her unique product specifications and high standards … Read More 

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Questioning threats

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Adapted from “How to Defuse Threats at the Bargaining Table,” by Katie A. Liljenquist (professor, Brigham Young University) and Adam D. Galinsky (professor, Northwestern University), first published in the Negotiation newsletter. Sooner or later, every negotiator faces threats at the bargaining table. How should you respond when the other side threatens to walk away, file a … Read More 

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Teams across cultures

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Adapted from “Team Negotiating: Strength in Numbers?”, first published in the Negotiation newsletter. According to conventional wisdom, when it comes to negotiation, there’s strength in numbers. Indeed, several experimental studies have supported the notion that you should bring at least one other person from your organization to the bargaining table if you can. On average, this … Read More 

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What should journalists and conflict management professionals learn from each other?

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“In the Global Village, Can War Survive?” by Program on Negotiation managing director Susan G. Hackley looks at the work of journalists and conflict management professionals, two groups who operate in the demanding world of conflict, and suggests ways they could – and should – learn from each other. “Conflict management professionals should tell their … Read More 

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Gain greater leverage with sole suppliers

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Adapted from “Negotiating with Sole Suppliers,” by David Lax (managing principal, Lax Sebenius LLC), first published in the Negotiation newsletter. Negotiators often wonder how to do business with sole suppliers who know they don’t have any real outside alternative and who take advantage of this. Without the power of a realistic best alternative to a negotiated … Read More 

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Too much commitment?

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Adapted from “Are You Overly Committed to the Deal?” First published in the Negotiation newsletter. A telecommuter hires a carpenter to build a workstation for her home office. The carpenter’s contract requires payment of 50% upon signing, an additional 30% halfway through the job, and the final 20% upon completion. When the job is done, … Read More 

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Pick the Right Agent

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So, you’ve decided to use an agent in your next negotiation. Now what? It’s important not to rush headlong into the process of choosing an agent—picking the first one you speak to, for example, and sending him off to talks the next day. You need to choose your agent carefully, then establish a clear, detailed understanding … Read More 

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“Are We Exclusive?”

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Ron McAfee, a carpenter and roofing expert, spent considerable time working with a condominium association on the design of a new roof deck. After gaining agreement on the proposed layout, design, and materials, McAfee submitted a written bid of $12,500. One of the board members subsequently showed McAfee’s plans to another roofer, who offered to … Read More 

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Deception in Negotiation

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Adapted from “Smart Alternatives to Lying in Negotiation,” by Deepak Malhotra (associate professor, Harvard Business School), first published in the Negotiation newsletter. Daniel, a senior manager at a large consumer products firm, has been asked by a company vice president to submit a detailed budget request for his department. Daniel has an incentive to overstate anticipated … Read More 

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Making the first move

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Adapted from “Should You Make the First Offer?” by Adam D. Galinsky (Professor, Northwestern University). First published in Negotiation Newsletter. Whether negotiators are bidding on a firm, seeking agreement on a compensation package, or bargaining over a used car, someone has to make the first offer. Should it be you, or should you wait to … Read More 

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