When preparing for cross-cultural communication in business negotiations, we often think long and hard about how our counterpart’s culture might affect what he says and does at the bargaining table.
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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.
bargaining table
What is the “Bargaining Table”?
Whether you’re at the bargaining table conducting business negotiations or working through personal disputes with a friend, the following negotiating skills and techniques can help you come to an agreement.
The “bargaining table” is a way to refer to the time and place that parties come together to handle a negotiation. It doesn’t need to be a physical “table”, rather it refers to the act of getting a deal done.
Coming together with negotiating counterparts at the “bargaining table” is a situation fraught with potential mishaps, all of which are compounded by the pressure to get the best deal a negotiator can for herself or her organization.
Before you get to the bargaining table, however, remember that, even when not based in reality, the expectation that someone is “tough” or “cooperative” becomes a self-fulfilling prophecy. When you approach an allegedly tough competitor with suspicion and guardedness, he is likely to absorb these expectations and become more a more competitive negotiator. All the more reason to cultivate a cooperative reputation from the start and strive to maintain it at all costs.
Let’s take a look at three guidelines to help you make the most of the power you have when you sit down at the bargaining table.
- Don’t squander your negotiating power. Objective power doesn’t always translate into strong outcomes. In fact, the greater the perceived power differential in a negotiation, the more likely counterparts will be to view an upcoming negotiation as a competition rather than as a collaborative enterprise.
- Don’t let a lack of power get to you. A lack of objective power can harm people’s sense of psychological power, with detrimental effects on their outcomes. However, weaker parties may be able to bolster their performance and outcomes at the bargaining table by thinking about times when they had power in a negotiation.
- Do take practical steps to boost your power. Even as you work on enhancing your psychological power, there are steps you can take to improve your actual power at the bargaining table.
You can improve your skills at the bargaining table by downloading a complimentary copy of our special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from Harvard Law School, right now! We will send you a download link to your copy of the report and notify you by email when we post new business negotiation advice and information.
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Negotiating in Uncertain Times: Turning Disruption into Opportunity
Bonus day for October Negotiation and Leadership program.
This one-day program is designed for individuals who are responsible for leading negotiations on behalf of their organization and want to be proactive in turning disruption and uncertainty into opportunities.
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Negotiation and Leadership Spring 2025 Program Guide
It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training.
… Read More
Ethics in Negotiations: How to Deal with Deception at the Bargaining Table
You say you would never lie during a negotiation. Your ethical standards are solid—right? Ethics in negotiations are an important subject. Learn how ethics in negotiations can change results at the bargaining table.
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Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY PROGRAM | June 9–11, 2025
Our program will feature:
Role plays and negotiation exercises—You’ll have the opportunity to test what you learn by taking part in realistic negotiations with your fellow participants.
One-on-one interaction with top faculty—You’ll have the opportunity to talk one-on-one with negotiation experts from Harvard, and … Read More
Managing Multiparty Negotiations
If you’re in a negotiation with many parties who have varying positions, it may be tempting to join a coalition with parties who share at least some of your goals. But should you join one?
… Read Managing Multiparty Negotiations
Fairness in Negotiation
Imagine that you and your business partner agree to sell your company. You end up getting an offer that pleases you both, so now you face the enviable task of splitting up the rewards. How do you ensure that there is fairness in negotiation?
… Read Fairness in Negotiation
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY PROGRAM | May 12–14, 2025
Our program will feature:
Role plays and negotiation exercises—You’ll have the opportunity to test what you learn by taking part in realistic negotiations with your fellow participants.
One-on-one interaction with top faculty—You’ll have the opportunity to talk one-on-one with negotiation experts from Harvard, and … Read More
Negotiation Training: How Harvard Negotiation Exercises, Negotiation Cases and Good Negotiation Coaching Can Make You a Better Negotiator
Discover how to refine your negotiation skills with this free special report, Negotiation Training: How Harvard Negotiation Exercises, Negotiation Cases and Good Negotiation Coaching Can Make You a Better Negotiator, from Harvard Law School.
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How to Maintain Your Power While Engaging in Conflict Resolution
By following these steps, you can keep your edge while encouraging cooperative, rather than competitive, behavior in conflict management.
… Read More
Beyond the Back Table: Working with People and Organizations to Get to Yes
NEW ONLINE PROGRAM! BEYOND THE BACK TABLE: WORKING WITH PEOPLE AND ORGANIZATIONS TO GET TO YES February 25–26, 2025 | 9:00 a.m. – 5:00 p.m. ET
Go Beyond the Back Table
In this two-day online course, you will step back to look beyond the negotiating table and discover how to understand and manage the individuals and groups who are not … Read More
BATNA Basics: Boost Your Power at the Bargaining Table
Perfect your negotiation skills in this free special report, BATNA Basics: Boost Your Power at the Bargaining Table from Harvard Law School.
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When a Job Offer is “Nonnegotiable”
Question: I am in my final year of business school and starting to prepare for job interviews. I have heard many of the organizations that recruit on campus are not open to negotiating specific terms of employment. Rather, they offer everyone roughly the same deal terms. To what extent should I respect such conventions versus … Read When a Job Offer is “Nonnegotiable”
Beyond the Back Table: Working with People and Organizations to Get to Yes
NEW ONLINE PROGRAM! BEYOND THE BACK TABLE: WORKING WITH PEOPLE AND ORGANIZATIONS TO GET TO YES March 13-14, 2024 | 9:00 a.m. – 5:00 p.m. ET
Go Beyond the Back Table
In this two-day online course, you will step back to look beyond the negotiating table and discover how to understand and manage the individuals and groups who are not … Read More
Business Negotiation Strategies: How to Negotiate Better Business Deals
Written by some of the nation’s foremost experts in negotiation, Business Negotiation Strategies: How to Negotiate a Better Business Deal gives you the tools you need to navigate even the stickiest business deals.
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Negotiation Team Strategy
Some negotiations are simple enough to handle on our own, but those deals are increasingly rare in the business world. These days, to thrive in negotiation, you often need to be able to work effectively as part of a negotiation team.
… Read Negotiation Team Strategy
The New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation
This report reveals how wise negotiators extract unexpected value using an indirect approach to conflict management. An aggressive management style can set you up for repeated failure. Direct conflict management approaches can be overly combative and counter-productive. Experienced negotiators know that compromise seldom succeeds. Win/lose is really lose/lose. The best negotiation strategy results in … Read More
Conflict Management Skills When Dealing with an Angry Public
When negotiators get along well, creative problem solving is easy. When they become upset, however, they seem to forget everything they know about finding joint gain, to the point of giving up tangible wins simply to inflict losses on the other party. This is especially true in high-profile negotiations that turn nasty.
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Dealmaking: Secrets of Successful Dealmaking in Business Negotiations
Discover how to boost your power at the bargaining table in this free special report, Dealmaking: Secrets of Successful Dealmaking in Business Negotiations, from Harvard Law School.
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Streaming Toward Win-Win Negotiation: Spotify Upgrades Its Negotiating Strategy
Win-win negotiation proved elusive for Spotify in 2006 negotiations with Taylor Swift. Seeming to have learned from that episode, the streaming service recently negotiated changes to its revenue-sharing model that content providers widely praised.
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Harborco: Role-Play Simulation
Harborco is a consortium of development, industrial, and shipping concerns that are eager to proceed with the building of a new port, but face hurdles and potential opposition as they advance through the licensing process. The Federal Licensing Agency would like to see them work with other stakeholders to develop a project that is acceptable … Read Harborco: Role-Play Simulation
Take your BATNA to the Next Level
If your current negotiation reaches an impasse, what’s your best outside option? Most seasoned negotiators understand the value of evaluating their BATNA, or best alternative to a negotiated agreement, a concept that Roger Fisher, William Ury, and Bruce Patton introduced in their seminal book, Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 1991, second … Read Take your BATNA to the Next Level
International Negotiations: Cross-Cultural Communication Skills for International Business Executives
In this Special Report, we offer expert advice to help you in international negotiations. You will learn to cope with culture clashes, weigh culture against other important factors, prepare for possible cultural barriers and much more.
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Dealing with Hardball Tactics in Negotiation
Hardball tactics—such as lies, threats, and insults—can catch us off guard in negotiation and lead us to make poor decisions. Our expert tips on preparing for hardball tactics will help you stay on track.
… Read Dealing with Hardball Tactics in Negotiation
Mediation Secrets for Better Business Negotiations: Top Mediator Techniques
In this Special Report, the experts and editors from Harvard’s Program on Negotiation offer a sampling of advice from past issues of Negotiation to help you learn the techniques you need to resolve your disputes through mediation. You will learn to select the right dispute-resolution process, choose a mediator with appropriate expertise, learn the steps … Read More
Negotiation in Business: Apple and Samsung’s Dispute Resolution Case Study
For two days in late May 2012, Apple CEO Tim Cook and Samsung CEO Gee-Sung Choi met with a judge in the U.S. District Court of Northern California in an attempt to reach a settlement in a high-profile U.S. patent case, a sobering example of negotiation in business.
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Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator
Students who master business negotiation become better leaders. But it starts with building the right skills. And that’s where our latest free report comes in. In Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, you’ll learn:
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How to Negotiate a Business Deal
In late 2016 and early 2017, news stories abounded of companies that were having second thoughts about planned mega-mergers. Abbott Laboratories began looking for ways to exit its acquisition of Alere, citing investigations of the medical test maker, for example. And Verizon started rethinking its acquisition of Yahoo! following a data breach at the tech … Read How to Negotiate a Business Deal
Sales Negotiations: How to Get To Win-Win
In this Special Report, we offer expert advice to help you close your most important sales negotiations.
… Read Sales Negotiations: How to Get To Win-Win
How to Set Negotiation Goals as a Manager
To encourage the negotiators they supervise to do their best, managers routinely rely on performance benchmarks, the promise of bonuses, and other types of goals.
… Read How to Set Negotiation Goals as a Manager
Training Women to Be Leaders: Negotiating Skills for Success
In this Special Report, we offer advice to help women develop the negotiation skills essential to career advancement, and to help organizations encourage women employees to be more effective at the bargaining table. You will learn what hold women back from asking for more, the link between gender and flexible work arrangements, how women can … Read More
Collective Bargaining Negotiations and the Risk of Strikes
Collective bargaining negotiations help level the playing field between individual employees and management by enabling employees to organize and find strength in numbers. But when collective bargaining negotiations fall apart, the result can be a devastating strike.
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An Example of the Anchoring Effect – What to Share in Negotiation
The prospect of sharing information with a negotiating counterpart can be scary – it can fix your counterpart into a position at the negotiation table you didn’t intend (an example of the anchoring effect).
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Ethics and Negotiation: 5 Principles of Negotiation to Boost Your Bargaining Skills in Business Situations
Knowing the norms of ethics and negotiation can be useful whether you’re negotiating for yourself or on behalf of someone else. Each ethical case you come up against will have its own twists and nuances, but there a few principles that negotiators should keep in mind while at the bargaining table.
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A Token Concession: In Negotiation, the Gift that Keeps on Giving
When making concessions in negotiation, we tend to assume that a concession must really cost us, financially or otherwise, for the other side to take notice and give us what we want. But in fact, we can often make real headway toward our negotiation goals by giving a token concession—a concession that costs us little, … Read More
Negotiation Skills: How to Become a Negotiation Master
Negotiation jujitsu means breaking the vicious cycle of escalation by refusing to react. Resistance should be channeled into activities such as “exploring interests, inventing options for mutual gain, and searching for independent standards.
… Read More
The Negotiation Process in China
With its booming economy and growing international consumer influence, the role of negotiation in international business is more important than ever and negotiation skills appropriate for China are in high-demand. Here are a few negotiation tips to help you successfully navigate your next round of business negotiations in China.
… Read The Negotiation Process in China
How to Overcome Cultural Barriers in Communication – Cultural Approximations of Time and the Impact on Negotiations
Some of the most fundamental international negotiation skills to develop are negotiation strategies on how to overcome cultural barriers in communication.
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The Pitfalls of Negotiations Over Email
Negotiation research suggests that email often poses more problems than solutions when it comes to relationships, information exchange, and outcomes in conflict resolution negotiation scenarios. First, establishing social rapport via email can be challenging. The lack of nonverbal cues and the dearth of social norms regarding its use can cause negotiators to be impolite and … Read The Pitfalls of Negotiations Over Email
Interest-Based Negotiation: In Mediation, Focus on Your Goals
How can you get through to people who seem uninterested in finding common ground? How can you deal with seemingly irrational negotiators who use insults, threats, and other hardball tactics to try to get their way?
… Read More
The Importance of a Relationship in Negotiation
At the negotiation table, what’s the best way to uncover your negotiation counterpart’s hidden interests? Build a relationship in negotiation by asking questions, then listening carefully. Even if you have decided to make the first offer and are ready with a number of alternatives, you should always open by asking and listening to assess your … Read The Importance of a Relationship in Negotiation
BATNA Analysis Can Help You Avoid the Agreement Trap
In both our personal and our business negotiations, “getting to yes” is typically the ultimate goal. Negotiation research and advice tend to focus on identifying the conditions that can help people overcome their differences, relax firm positions, and reach harmonious terms that could lead to a mutually fulfilling long-term relationship.
This mindset risks downplaying the fact … Read More
Using Body Language in Negotiation
Negotiation experts typically advise us to meet with our counterparts in person whenever possible rather than relying on the telephone or Internet. As convenient as electronic media may be, they lack the visual cues that help convey valuable information and forge connections in face-to-face talks. Without access to gestures and facial expressions, those who negotiate … Read Using Body Language in Negotiation
Managing the “Negotiator’s Dilemma” with Multiple Equivalent Simultaneous Offers
There are two common perspectives on negotiation that can seem at odds, leaving negotiators to decide between these options. But one way around this negotiator’s dilemma is through multiple equivalent simultaneous offers, or MESOs. Consider the following two perspectives on negotiation.
… Read More
In the Negotiation Planning Process, to Capture the Force, be Patient
Sometimes the negotiation planning process will take longer than expected to get the best results. The negotiation planning process behind Disney’s acquisition of Lucasfilm suggest the value of long-term planning, trust building, and careful deliberation.
… Read More
The Benefits of Coalitions at the Bargaining Table
Labor unions may be the most obvious example of a negotiating coalitions. When a company negotiates with an employee individually, it could threaten to hire someone else in the face of the employee’s demands. By contrast, when employees bargain collectively through a union, they avoid the need to compete against one another (at least on … Read More
3 Types of Power in Negotiation
Social psychologists have described different types of power that exist in society, and negotiators can leverage these types of power in negotiation as well.
… Read 3 Types of Power in Negotiation
Negotiating with Difficult Personalities and “Dark” Personality Traits
Have you ever found yourself negotiating with difficult personalities, or negotiating with someone who seemed entirely ruthless and lacking in empathy? From time to time, we may end up in the deeply unsettling position of negotiating with someone who appears to have no concern for us or our outcomes.
… Read More
How to Use Tradeoffs to Create Value in Your Negotiations
How do expectations of fairness and reciprocity at the bargaining table impact negotiator decisions regarding the strategies and tactics they use during bargaining? Sometimes talks get off on the wrong foot. Maybe you and your partner had a different understanding of your meeting time, or one of you makes a statement that the other misinterprets. … Read More
Negotiated Agreements: Why You Should Limit Your Options
A process of finding your counterparts interests and reconciling them with your own. But what if you or your counterpart presents a myriad of options and offers at the negotiation table?
… Read More
Overcoming Cultural Barriers in Negotiations and the Importance of Communication in International Business Deals
Communication in negotiation is the means by which negotiators can achieve objectives, build relationships, and resolve disputes. Most negotiators know that it is the most important tool you can have for successful negotiations.
… Read More
Challenges Facing Women Negotiators
Historically, women have faced significant hurdles in employment negotiations. Here’s what we know about these barriers, plus strategies leaders can use to improve fairness in the workplace.
… Read Challenges Facing Women Negotiators
Away from the Podium and Off to the Balcony: William Ury Discusses the Debt Ceiling Negotiations Facing Obama and US Congressional Republicans
Stewart recently interviewed negotiation expert and Program on Negotiation co-founder William Ury to discuss the aftermath of avoiding the fiscal cliff and the rounds of tough negotiations between Democrats and Republicans still to come.
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10 Great Examples of Negotiation in Business
A number of noteworthy disputes among businesses, organizations, and individuals made headlines over the last few years and demonstrate the importance of negotiation in business.
… Read 10 Great Examples of Negotiation in Business
Cultural Barriers and Conflict Negotiation Strategies: Apple’s Apology in China
When dealing with a difficult counterpart, it helps to take a conciliatory approach to the bargaining table. While apologies necessarily involve moments of vulnerability, they can also open doors to value creation and strengthen the relationship you have with your bargaining counterpart. Let’s look back at Apple’s apology in China for its maligned warranty policies … Read More
For a Mutually Beneficial Agreement, Collaboration is Key
At the Program on Negotiation, we urge you to aim higher by combining such competitive value-claiming with collaborative value creation. Not because it’s the “nice” thing to do, but because it’s been proven to be the best path to a truly mutually beneficial agreement.
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What is the Right of First Refusal?
When transferring property, sellers sometimes insist on real estate rights of first refusal – the chance to be first in line to repurchase the property if their buyer later decides to sell.
… Read What is the Right of First Refusal?
Use a Negotiation Preparation Worksheet for Continuous Improvement
When determining the best alternative to a negotiated agreement or BATNA (the point at which the negotiators ought to walk away from the table), executives should check in with key organizational leaders.
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Expanding the Pie: Integrative versus Distributive Bargaining Negotiation Strategies
Imagine that you’re buying a used car from its original owner. Of course, you want to get the best deal you can for your money, while your counterpart wants to maximize the value of his asset. After haggling with one another, each side finally arrives at a price point acceptable to both parties. But how … Read More
A Case Study of Conflict Management and Negotiation
In this case study of conflict management, the Program on Negotiation offers advice drawn from negotiation research about forming negotiating teams and avoiding conflicts within teams and working groups.
… Read More
Negotiation Tactics, BATNA and Examples for Creating Value in Business Negotiations
Learning great BATNA examples, or estimations of your best alternative to a negotiated agreement as well as that of your negotiating counterpart, are essential to effective negotiation strategies. When preparing to negotiate, always take time to consider these important questions.
… Read More
Emotional Triggers: How Emotions Affect Your Negotiating Ability
Imagine you’re about to negotiate with a competing firm about a possible merger, but will need to combat emotional triggers. You enter the conference room and find a reasonable and fair representative from the other company, someone you’ve reached mutually beneficial agreements with in the past. But you’re in a terrible mood.
… Read More
BATNA and Other Sources of Power at the Negotiation Table
BATNA negotiations involve a negotiators knowledge of her best alternatives to a negotiated agreement and are one of three sources of negotiating power at the bargaining table, according to negotiation researcher Adam D. Galinsky and New York University’s Joe C. Magee.
… Read More
Why is Negotiation Important: Mediation in Transactional Negotiations
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial.
… Read More
Irrationality in Negotiations: How to Negotiate the Impossible
Negotiators often struggle with the task of bargaining with those who behave rashly, reason poorly, and act in ways that contradict their own self-interest. But as it turns out, behavior that negotiators often view as evidence of irrationality may in fact indicate something entirely different.
… Read More
10 Negotiation Failures
Here’s a list of 10 negotiation failures drawn from recent negotiations in the news—including deals that were over before they started and those that proved disastrous after the ink had dried. These cautionary tales offer ample lessons to business negotiators.
… Read 10 Negotiation Failures
Distributive Bargaining Strategies
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 Distributive Bargaining Strategies
Police Negotiation Techniques from the NYPD Crisis Negotiations Team
Few negotiators can imagine negotiation scenarios more stressful than the kinds of crisis negotiations the New York City Police Department’s Hostage Negotiation Team undertake. But police negotiation techniques employed by the New York City Police Department’s Hostage Negotiations Team (HNT) in high-stakes, high-pressure crisis negotiation situations, outlined in an article from Jeff Thompson and Hugh … Read More
Negotiating Skills: Learn How to Build Trust at the Negotiation Table
In this article some negotiating skills and negotiation tactics for building trust with your counterpart are presented.
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Top Ten Posts About Conflict Resolution
Conflict resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Conflict resolution sometimes requires both a power-based and an interest-based approach, such as the simultaneous pursuit of litigation (the use of legal power) and negotiation (attempts to reconcile each party’s … Read Top Ten Posts About Conflict Resolution
Unethical Negotiation Tactics: Are You Prepared for Dirty Tricks?
Unethical negotiation tactics are often difficult to detect at the bargaining table. But with advance knowledge of how they unfold, you can prepare to defuse them.
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Know Your BATNA: The Power of Information in Negotiation
Knowing when to walk away in a negotiation is some of the most powerful information in negotiation a negotiator can bring to the bargaining table – and this means a negotiator should know her BATNA or best alternative to a negotiated agreement.
… Read More
3 Negotiation Strategies for Conflict Resolution
When a dispute flares up and conflict resolution is required, the outcome can be sadly predictable: the conflict escalates, with each side blaming the other in increasingly strident terms. The dispute may end up in litigation, and the relationship may be forever damaged.
… Read 3 Negotiation Strategies for Conflict Resolution
The Importance of Relationship Building in China
Although most Americans treat those they know differently than they treat strangers, Chinese relationship building towards insiders and outsiders tends to be more extreme than in the United States – and therefore more important in negotiations in China than many Americans understand.
… Read The Importance of Relationship Building in China
Union Strikes and Dispute Resolution Strategies
When a conflict looms, it can be tempting for each side to try to make unilateral decisions on key issues because of the belief that negotiations with the other side will be a dead end. This dispute resolution strategy may pay off in the short term, but it’s important to factor in the long-term costs … Read Union Strikes and Dispute Resolution Strategies
Essential Negotiation Skills: Limiting Cognitive Bias in Negotiation
In past articles, we have highlighted a variety of psychological biases that affect negotiators, many of which spring from a reliance on intuition, and may hinder integrative negotiation. Of course, negotiators are not always affected by bias; we often think systematically and clearly at the bargaining table. Most negotiators believe they are capable of distinguishing … Read More
How to Deal with Threats: 4 Negotiation Tips for Managing Conflict at the Bargaining Table
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 lawsuit, or damage your reputation? These negotiation tips will help.
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The Right Negotiation Environment: Your Place or Mine?
Everyone knows the three rules of real estate: “Location! Location! Location!” When it comes to making deals, choosing the right negotiation environment can be just as important. The location you select can dramatically affect the ensuing process and, ultimately, the end result.
… Read More
Types of Conflict in Business Negotiation—and How to Avoid Them
Conflict in business negotiation is common, but it doesn’t have to be that way. There are steps we can take to avoid types of conflict and misunderstandings. Often, it helps to analyze the unique causes of conflict in particular negotiation situations. Here, we look at three frequent types of conflict in business negotiations and offer … Read More
What Is an Umbrella Agreement?
Business negotiators tend to want the best of both worlds. When reaching an agreement, they want to pin down parties’ respective rights and responsibilities, but they also want to retain the flexibility they need to deal with ever-changing business conditions. One solution to this apparent dilemma is to craft an umbrella agreement.
… Read What Is an Umbrella Agreement?
Finding Mutual Gains In “Non-Negotiation”
The National Football League’s Pittsburgh Steelers faced a dilemma. Mid-contract, the team’s star wide receiver, Antonio Brown, asked the team to improve upon the six-year, $42.5 million deal they negotiated back in 2012. Brown had risen to become the best receiver in football and believed he was underpaid.
… Read Finding Mutual Gains In “Non-Negotiation”
What is Distributive Negotiation and Five Proven Strategies
Most negotiations call for very different, even opposing, skills: collaboration and competition. To get a great deal, we typically must work with others to find new sources of value while also competing with them to claim as much of that value for ourselves. Before mastering the intricacies of value creation in negotiation, it helps to … Read More
Tired of Liars? Promote More Ethical Negotiation Behavior
Promoting ethical negotiation behavior is one of the steps we can take to reduce the odds that someone will try to deceive us, and is likely to be a more fruitful strategy than trying to improve our ability to detect lies.
… Read More
Understanding Different Negotiation Styles
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 Understanding Different Negotiation Styles
Value Claiming in Negotiation
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 Value Claiming in Negotiation
Power in Negotiation: How Effective Negotiators Project Power at the Negotiation Table
Negotiating power generally comes from one of three sources, according to Northwestern University professor Adam D. Galinsky and New York University professor Joe C. Magee.
… Read More
Negotiations and Logrolling: Discover Opportunities to Generate Mutual Gains
Logrolling is the act of trading across issues in a negotiation. Logrolling requires that a negotiator knows his or her own priorities, but also the priorities of the other side. If one side values something more than the other, they should be given it in exchange for reciprocity on issues that are a higher priority … Read More
International Negotiations and Agenda Setting: Controlling the Flow of the Negotiation Process
When two groups are embroiled in a conflict, it is common for the party with less power to have difficulty convincing the more powerful party to sit down at the negotiating table in international negotiations. In such cases, the more powerful player is likely to resist the notion of shaking up the status quo—and thus … Read More
Negotiation Strategies: Emotional Expression at the Bargaining Table
Most of the existing negotiation research on affect in negotiation has focused on emotional experience rather than on emotional expression.
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The Top Three Defensive Negotiation Strategies You Need to Know
In the course of a career, a negotiator will confront many skilled persuaders. Here, we review three defensive negotiation strategies a negotiator can employ.
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10 Negotiation Training Skills Every Organization Needs
How can managers and their organizations increase the odds that negotiation training will lead to beneficial long-term results? Here are several pieces of advice, drawn from experts at the Program on Negotiation at Harvard Law School.
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Dear Negotiation Coach: What is the Secret to Negotiating with Kids Successfully?
If you’ve ever tried negotiating with kids, you know that you don’t always feel like you have the upper hand. One expert weighs in.
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Four Conflict Negotiation Strategies for Resolving Value-Based Disputes
In many negotiations, both parties are aware of what their interests are, and are willing to engage in a give-and-take process with the other party to come to agreement. In conflicts related to personal identity, and deeply-held beliefs or values, however, negotiation dynamics can become more complex and require alternative dispute resolution tactics for conflict … Read More
Trump’s Negotiating Style as President-Elect
Donald J. Trump entered the Oval Office with considerable dealmaking experience in the business world. But his blank slate as an elected official combined with his fluctuating positions on key issues such as immigration and tax policy throughout the presidential race left many wondering what his negotiating style would be.
In the months between being elected U.S. president … Read Trump’s Negotiating Style as President-Elect
Cross Cultural Negotiations in International Business: Four Negotiation Tips for Bargaining in China
What special insights do outsiders need to prepare for international negotiations in China? Much of what you know already about negotiation holds true, but four characteristics complicate business negotiation in China.
… Read More
What is the Multi-Door Courthouse Concept
As a collaboration between UST School of Law and the Program on Negotiation at Harvard Law School, the following is the transcript of a conversation between the creator of the multi-door courthouse, Harvard Law Professor Frank E.A. Sander, and the executive director and founder of the University of St. Thomas (UST) International ADR [Alternative Dispute … Read What is the Multi-Door Courthouse Concept
Negotiations, Gender, and Status at the Bargaining Table
When it comes to different characteristics of negotiation styles, a growing body of research suggests that status consciousness varies depending on the gender of interested parties.
… Read More
How Much Does Personality in Negotiation Matter?
We tend to have strong intuitions about which personality traits help or hurt us in negotiation, but does research on the topic confirm our hunches? Does personality in negotiation matter?
… Read How Much Does Personality in Negotiation Matter?
Individual Differences in Negotiation—and How They Affect Results
Negotiation advice is often “one size fits all,” yet we approach negotiations with vastly different experiences and traits. How do individual differences in negotiation play out? In one study, Washington University professor Hillary Anger Elfenbein and her colleagues found evidence that individual differences, including personality, accounted for an impressive 49% of the variance in negotiators’ … Read More
Best Negotiators in History: Nelson Mandela and His Negotiation Style
The late Nelson Mandela will certainly be remembered as one of the best negotiators in history. He was clearly “the greatest negotiator of the twentieth century,” wrote Harvard Law School professor and former Program on Negotiation Chairman Robert H. Mnookin in his seminal book, Bargaining with the Devil, When to Negotiate, When to Fight.
… Read More
Identify Your Negotiation Style: Advanced Negotiation Strategies and Concepts
Have you ever wondered if your negotiation style is too tough or too accommodating? Too cooperative or too selfish? You might strive for an ideal balance, but, chances are, your innate and learned tendencies will have a strong impact on how you negotiate.
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A Business Negotiation Case Study: Ending the NHL Lockout
How can negotiators overcome impasse and achieve win-win negotiated agreements at the bargaining table? This example illustrates the power of expanding the focus of the negotiations by looking for tradeoffs.
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Crisis Negotiation Skills: The Hostage Negotiator’s Drill
Here are some negotiating skills from the world of crisis negotiations: Hostage negotiators stress the importance of discussing the “drill”—goals, ground rules, and operating principles—with their team before beginning talks with a hostage taker.
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Use Integrative Negotiation Strategies to Create Value at the Bargaining Table
How can you uncover additional value, make useful trades, and put together a package that exceeds your party’s expectations? Here are four integrative negotiation strategies for value creation that all negotiators should add to their toolkit.
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Managing Difficult Negotiators
In negotiation, we are often confronted with the task of dealing with difficult people—those who seem to prefer to set up roadblocks rather than break down walls, or who choose to take hardline stances rather than seeking common ground. If you’re skilled in BATNA negotiations, you’ll have an easier time dealing with such people.
… Read Managing Difficult Negotiators
Writing the Negotiated Agreement
Some negotiations end with a negotiated agreement that is a plan of action rather than a signed contract – for example, a plumber agrees to fix the tile damage caused by his work. Other negotiations wouldn’t be appropriate to commemorate in writing, such as how you and your spouse decide to discipline your young … Read Writing the Negotiated Agreement
Negotiation Skills: Building Trust in Negotiations
Trust in negotiations 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. But avoiding risk can mean missing out on significant opportunities. For this reason, … Read More
Are Salary Negotiation Skills Different for Men and Women?
Most negotiators don’t engage in the kinds of high-stakes bargaining we read about in publications such as The Wall Street Journal and The Financial Times, but almost every negotiator will need advanced salary negotiation skills during the course of her career to deal with a scenario that is, in many ways, the definition of a … Read More
Implicit and Explicit Bias: When Negotiators Discriminate Based on Race
Both implicit and explicit bias can disadvantage racial minorities at the bargaining table. Here’s what to do about it, keep reading.
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The Star Wars Negotiations and Trust at the Negotiation Table
What is negotiation in business? Negotiation research has identified it as a process of building trust and negotiation tactics for building trust at the bargaining table have proven effective in helping negotiators create, and claim, more value out of dealmaking scenarios.
… Read More
Dealing with Difficult People: Coping with an Insulting Offer in Contract Negotiations
The following “Ask the Negotiation Coach” question was posed to Dwight Golann, Suffolk University Law School professor and negotiation expert: “I deal with legal disputes and would like to find reasonable solutions without wasting years in court. But my opponents seem to feel compelled to make extreme—actually, insulting—opening offers. How should I respond to these … Read More
Advanced Negotiation Strategies and Concepts: Hostage Negotiation Tips for Business Negotiators
Upset by a delay in the delivery of one of your products, a longtime buyer threatens to turn to the media unless you meet his extreme demands. Not only is the relationship in jeopardy, but your company’s reputation seems to be as well. What should you do? Turn to some tried and true hostage negotiation … Read More
Salary Negotiation: How to Ask for a Higher Salary
For a new employee, salary negotiation skills can be the most important and the most intimidating, but the most important, of difficult conversations to have at the beginning of your career. A new employee, successfully negotiating a salary offer up by $5,000 could make a huge difference over the course of her career.
… Read More
Contract Negotiations and Business Communication: How to Write an Iron-Clad Contract
In contract negotiations, writing a contract that both encapsulates the negotiated agreement but also incorporates future elements such as the business relationship and the sustainability of the agreement can be a daunting task for even the most experienced negotiators. Executives often leave the legal issues surrounding their deals to their attorneys. While this division of … Read More
Do Attitudes in Negotiation Influence Results?
Many people consider negotiations to be stressful and threatening. Others view them as challenges to be overcome. Do these different attitudes influence the outcomes that people reach? Research by professors Kathleen M. O’Connor of Cornell University and Josh A. Arnold of California State University sheds light on this important question.
… Read Do Attitudes in Negotiation Influence Results?
MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table
MESO negotiation, a negotiation strategy for creating value with a counterpart who may be reluctant to negotiate, allows negotiators to propose multiple offers without signaling commitment or preference for any one option. Business negotiators that practice integrative negotiation strategies often complain that although they try to focus on creating value, they run into far too many difficult … Read More
Mediation and the Conflict Resolution Process
It’s often the case that when two people or organizations try to resolve a dispute by determining who is right, they get stuck. That’s why so many disputes end up in court. There is a better way to resolve your dispute: by hiring an expert mediator who focuses not on rights but on interests—the needs, … Read Mediation and the Conflict Resolution Process
10 Hard-Bargaining Tactics to Watch Out for in a Negotiation
Some negotiators seem to believe that hard-bargaining tactics are the key to success. They resort to threats, extreme demands, and even unethical behavior to try to get the upper hand in a negotiation. In fact, negotiators who fall back on hard-bargaining strategies in negotiation are typically betraying a lack of understanding about the gains that … Read More
Power Tactics in Negotiation: How to Gain Leverage with Stronger Parties
When the other side seems to have all the power in a negotiation, what should you do? In recent years, that question has been an urgent one for many universities and libraries negotiating subscription agreements with the academic publishers that produce peer-reviewed scientific research journals. Confronted with skyrocketing pricing demands, several of these institutions have … Read More
Bargaining in Bad Faith: Dealing with “False Negotiators”
We tend to forget—at our peril—that not everyone at the bargaining table wants to close a deal and may be bargaining in bad faith.
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Aggressive Negotiation Tactics: Threats at the Bargaining Table
Broadly speaking, a threat is a proposition that issues demands and warns of the costs of noncompliance. Even if neither party resorts to them, potential threats shadow most negotiations. A wise threat satisfies your own interests and targets the other side’s interests. Consider whether the threat will truly help you achieve your broader goals. Issuing … Read More
Power in Negotiation: The Impact on Negotiators and the Negotiation Process
According to Dacher Keltner of the University of California at Berkeley and his colleagues, power in negotiation affects two primary neurological regulators of behavior: the behavioral approach system and the behavioral inhibition system. Powerful negotiators demonstrate “approach related” behaviors such as expressing positive moods and searching for rewards in their environment.
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Women and Negotiation: Narrowing the Gender Gap in Negotiation
Men tend to achieve better economic results in negotiation than women, negotiation research studies have found overall. Such gender differences are generally small, but evidence from the business world suggests that they can add up over time.
… Read More
5 Win-Win Negotiation Strategies
Business negotiators understand the importance of reaching a win-win negotiation: when both sides are satisfied with their agreement, the odds of a long-lasting and successful business partnership are much higher. But concrete strategies for generating a win-win contract often seem elusive. The following five, from experts at the Program on Negotiation at Harvard Law School, … Read 5 Win-Win Negotiation Strategies
What is BATNA? How to Find Your Best Alternative to a Negotiated Agreement
Your BATNA, or the ability to identify a negotiator’s best alternative to a negotiated agreement, is among one of the many pieces of information negotiators seek when formulating dealmaking and negotiation strategies. If your current negotiation reaches an impasse, what’s your best outside option?
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Top 10 Negotiation Skills You Must Learn to Succeed
Increasingly, business negotiators recognize that the most effective bargainers are skilled at both creating value and claiming value—that is, they both collaborate and compete. The following 10 negotiation skills will help you succeed at integrative negotiation.
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What is Anchoring in Negotiation?
What exactly is anchoring in negotiation, and how does it play out at the bargaining table? Consider this anchoring bias example from Harvard Business School and Harvard Law School faculty member Guhan Subramanian. While running a negotiation simulation in one of his classes, Subramanian noticed that one student spent a considerable amount of time explaining … Read What is Anchoring in Negotiation?
What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
When it comes to dispute resolution, there are so many choices available to us. Understandably, disputants are often confused about which process to apply to their situation. This article offers some guidance.
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Setting Standards in Negotiations
As the starting point from which all commercial transactions occur, from purchasing equipment to setting salaries, negotiatiosn in business is an essential skill no matter what field a negotiator finds herself. Using an objective standard can strengthen your proposal and eliminate emotional bias.
… Read Setting Standards in Negotiations
Deception in Negotiation
Lying in negotiations is both an ethical and strategic risk. Rather than misrepresenting the truth, a better approach is to reshape reality to align with your goals, making it easier to be truthful. This strategy resolves the dilemmas of dishonesty while maintaining integrity.
… Read Deception in Negotiation
Dealmaking and the Anchoring Effect in Negotiations
The following question regarding the anchoring effect was asked of Program on Negotiation faculty member and Harvard Business School and Harvard Law School professor Guhan Subramanian.
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Negotiation Ethics: What’s Gender Got to Do with It?
The strength of our negotiation ethics may vary depending on our gender, according to one study. Here’s why this may be the case—and advice on how we can all live up to our high standards.
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BATNAs: Beyond the Basics
Knowledge of your BATNA, or best alternative to a negotiated agreement, can help you avoid accepting a subpar deal—but it’s important to tailor the concept to your long-term partnerships and keep opportunities for value creation at the forefront.
… Read BATNAs: Beyond the Basics
What Leads to Renegotiation?
Renegotiation is generally triggered for one of two reasons: an imperfect contract or changed circumstances. The goal of any written contract is to express the parties’ full understanding of their deal.
… Read What Leads to Renegotiation?
Conflicts of Interest: How to Avoid and Manage Them
Conflicts of interest often arise when we hire agents to negotiate on our behalf. A dispute between TV writers and their agents highlights such competing motives and suggests how to handle them.
… Read More
Salary Negotiation: How to Ask for a Higher Salary
For a new employee, salary negotiation skills can be the most important and the most intimidating, but the most important, of difficult conversations to have at the beginning of your career. A new employee, successfully negotiating a salary offer up by $5,000 could make a huge difference over the course of her career.
… Read More
Best Negotiation Books: A Negotiation Reading List
Whether you are facing negotiations with Congress, colleagues, customers, or family members, the following negotiation books, published in recent years by experts from the Program on Negotiation, offer new perspectives on common negotiating dilemmas.
… Read More
10 Popular Business Negotiation Articles
Here are ten popular business negotiation articles on the Program on Negotiation website. Drawn from a variety of negotiation case studies as well as negotiation research, the following articles offer strategies for engaging in integrative negotiations aimed at creating win-win scenarios for each party at the negotiation table.
… Read 10 Popular Business Negotiation Articles
Negotiation as Your BATNA: The Syrian Civil War and Crisis Negotiations
Sometimes your best alternative to a negotiated agreement (BATNA) is realizing that the negotiation itself is worth the risk. Back in May 2012, the United States and Russia announced a plan to hold a peace conference aimed at ending the civil war in Syria, which had killed more than 70,000 people at that time.
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Negotiators: Resist Vividness Bias in Negotiations
Vividness bias is the tendency to overweight the vivid and prestigious attributes of a decision, such as salary or an employer’s status, and underweight less impressive issues, such as location or rapport with colleagues. Let’s talk about a clear vividness bias example from 2015 in Major League Baseball.
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Collaborative Leadership: Managing Constructive Conflict
Looking at the role of leadership in negotiation, we see that collaborative leadership can involve promoting conflict in negotiating and decision-making teams—as long as that conflict is managed constructively.
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How to Portray Confidence in Negotiation So You Don’t Look Desperate
In our negotiations, we all regularly cope with counterparts who try too hard—such as salespeople who pester us with phone calls or show up at our office or home unannounced. Their desperation to reach a deal comes through loud and clear, making them seem not only annoying but also potentially ripe for exploitation. At the … Read More
Power in Negotiation: Research You Can Use
What sources of power in negotiation do you think are especially important when it comes to getting what you want and building a fruitful long-term business partnership?
Having abundant material resources is one common source of power in negotiation. So is having high status in an organization. One of the most important measures of power is … Read Power in Negotiation: Research You Can Use
5 Common Negotiation Mistakes and How You Can Avoid Them
Sometimes our negotiation mistakes are glaring: We accidentally reveal our bottom line, criticize the other party when patience was warranted, or get our numbers mixed up. More often, though, our negotiation mistakes are invisible: We get a perfectly good deal but are unaware that we could have gotten a better one if we hadn’t succumbed … Read More
How to Resolve Cultural Conflict: Overcoming Cultural Barriers at the Negotiation Table
After recently losing an important deal in India, a business negotiator learned that her counterpart felt as if she had been rushing through the talks. The business negotiator thought she was being efficient with their time. In this useful cross-cultural conflict negotiation example, how should this negotiator improve her negotiation skills?
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When Armed with Power in Negotiation, Use It Wisely
The buzz of excitement that arose in February 2015 at the news that Harper Lee, author of the beloved novel To Kill a Mockingbird, would be publishing a second novel quickly turned to concern. The 88-year-old Lee, who suffered a stroke in 2007 and resided in an assisted-living facility in her hometown of Monroeville, Alabama, … Read More
When a Little Power is a Dangerous Thing
In 1975, Leigh Steinberg launched his career as a sports agent by proving that even a little power can be a dangerous thing. He faced what appeared to be a tough negotiation with the Atlanta Falcons. The team had chosen Steinberg’s client, rookie quarterback Steve Bartkowski, as their first pick in the first round of … Read When a Little Power is a Dangerous Thing
Negotiation Skills: Ways to Use Power Plays in a Negotiation
Attempts to exercise power can backfire. As a negotiator, you must balance these three risks against the potential benefits of developing and exercising power.
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Secret Negotiations: How to Keep Your Talks under Wraps
Secret negotiations are rare, as parties and outsiders often have incentives to leak details to the outside world. But a trio of government negotiations offers tips on how to keep negotiations quiet.
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Mediation: Sitting Down at the Table
One of the central skills of a mediator is the ability to solve problems. And while problem solving skills may lead to successfully negotiated agreements between disputing parties, an effective mediator also has to get each side to agree to sit down at the bargaining table in the first place.
… Read Mediation: Sitting Down at the Table
When Dealing with Difficult People, Try a Complementary Approach
To hear President Donald Trump tell it, the United States under President Barack Obama had bungled one negotiation after another on the global stage due to an inability to stand firm and take tough stances on key issues when engaging in difficult conversations.
… Read More
In Business Negotiations, Eat Before You Negotiate
When preparing for your next business negotiation, you may want to strategize not only about what you’ll put on the bargaining table, but also how much food you’ll put in your belly beforehand. That’s the message of new research that Cornell University professor Emily Zitek and Dartmouth College professor Alexander Jordan presented at the annual … Read More
Repairing Relationships Using Negotiation Skills
Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. Some of the most successful negotiation examples of the power of negotiation skills in dispute resolution is when they repair relationships between friends.
… Read Repairing Relationships Using Negotiation Skills
Negotiation in Business: Ethics, Bias, and Bargaining in Good Faith
As we’ve discussed in previous articles about negotiation examples in business, a negotiator’s beliefs concerning negotiation ethics are affected by cognitive biases. You probably can recall times when a negotiating opponent made what appeared to be a blatant misstatement. If you’re like most people, you assumed the person was lying to gain an advantage.
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Bargaining for a New Car: Real World Negotiations Examples
When it comes to bargaining for a new car, are women negotiating harder bargains than men?
According to a recent report from NPR Morning Edition’s Sonari Glinton, women not only negotiate harder bargains than men when it comes to vehicle purchases, but also they do more extensive preparatory work (See: Negotiating for What You Really Want- … Read More
Power in Negotiations: How to Maximize a Weak BATNA
In business negotiations, we tend to assume that it’s the more financially successful party that has an edge. But if that party has a weak BATNA, or best alternative to a negotiated agreement, it could be the seemingly weaker party that comes out on top.
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Business Negotiation Skills to Curb Your Overconfidence
To avoid the pitfalls of overconfidence, you need a clear understanding of how overconfidence is likely to affect your judgments and decisions (and those of your counterparts) at the bargaining table. Fortunately, new research suggests exactly when to expect overconfidence and offers insight into how you can prevent it from getting you into trouble in … Read More
Business Negotiations: How to Improve Your Reputation at the Bargaining Table
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
Win-Win Negotiation Strategies for Rebuilding a Relationship
When negotiators come together after a period of mutual mistrust, it can be difficult for each side to reconcile their grievances with the other. Here are some strategies that others have used to bring bargaining counterparts together even after a long, contentious period of silence.
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How Principal Agent Theory Works in Business Negotiations: Dealmaking Strategies for Bargaining with Agents
The Program on Negotiation has identified three basic sets of circumstances in business negotiations where you’ll be better off tapping an agent (see also principal-agent theory) to take your place at the bargaining table (at least for part of the negotiating process):
… Read More
How Negotiators Can Stay on Target at the Bargaining Table
An excerpt from PON faculty member Francesca Gino’s book Sidetracked: Why Our Decisions Get Derailed, and How We Can Stick to the Plan discusses the importance of staying on target in negotiations whether personal or business in nature.
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Six Strategies for Creating Value at the Negotiation Table
In today’s market, consumers are often the more powerful parties in negotiations with sellers.
To claim the most value in your next haggling experience, use the following six negotiation strategies.
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When Lose-Lose is the Best Alternative to a Negotiated Agreement (BATNA)
As the famous tale “The Gift of the Magi” illustrates, sometimes the best outcomes in negotiated agreements is a lose-lose situation for both parties.
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Alternative Dispute Resolution In-House: Mediation, Arbitration, or Med-Arb?
The three most common alternative dispute resolution techniques are mediation, arbitration, and med-arb. However, it can often be difficult to determine which method is best for your particular situation. Here are four possible objectives you may have as a leader in your organization and suggestions for which type of ADR may be most appropriate in that … Read More
Building Coalitions: Apple and the Art of Persuasion
Whether you have one of its ubiquitous products or even its rivals offerings, you most certainly have heard of Apple, the United States electronics giant whose phoenix-like rise to the top of the business world has inspired legions of fans and detractors alike.
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Dealmaking: Relationship Rules for Dealmakers
Here are some concrete guidelines for fostering a strong relationship between deal making partners, drawn from The Global Negotiator: Making, Managing, and Mending Deals Around the World in the 21st Century, by Tufts University professor Jeswald W. Salacuse:
… Read Dealmaking: Relationship Rules for Dealmakers
Negotiation Research Examines Ethics in Negotiating
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, back in a 2013 article in the New York Times. This topic has many questioning ethics in negotiating within the healthcare industry.
The problem starts with the … Read More
Dispute Resolution, NHL style
The deal suggests a valuable way for business negotiators in all realms to break through thorny disputes: expand your focus by looking for tradeoffs that cut across time periods.
… Read Dispute Resolution, NHL style
Emotion and the Art of Business Negotiations
The sale of Picasso’s works by his heirs is fraught with negative emotion. How do negative emotions impact negotiation and behavior at the bargaining table? This article offers negotiation skills insights into how to counter or prevent negative emotions in negotiation.
… Read Emotion and the Art of Business Negotiations
Developing Negotiation Skills for Integrative Negotiations – Does Personality Matter?
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
How to Mitigate Stress at the Bargaining Table
Conventional wisdom, not to mention the popularity of no-haggle car buying, suggests that many people anticipate important negotiations with the same dread they reserve for root canals.
… Read How to Mitigate Stress at the Bargaining Table
Self-Fulfilling Prophecies and Power in Negotiation
When you expect people to be competitive, it’s not only your own behavior that changes. You also set up a self-fulfilling prophecy, such that your expectations about the other side’s behavior lead him to behave in ways that confirm your expectations.
… Read More
Why First Impressions Matter in Negotiation
Even when not based in reality, the expectation that someone is “tough” or “cooperative” becomes a self-fulfilling prophecy at the bargaining table. When you approach an allegedly tough competitor with suspicion and guardedness, he is likely to absord these expectations and become more competitive.
… Read Why First Impressions Matter in Negotiation
Negotiation Skills: Threat Response at the Bargaining Table
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
How to Overcome Cultural Barriers in Negotiation
Imagine that you’re the American representative of a U.S. food company, and you’re hoping to procure a new ingredient for several of your products from a German company. A representative from the company is flying in to meet with you. Do you expect your German counterpart to behave differently than the Americans you typically deal … Read How to Overcome Cultural Barriers in Negotiation
Team Building Using Negotiation Skills
To avoid conveying weakness to the other side, rather than calling for a break at the first sign of trouble, some negotiation teams devise secret signals they can 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 Team Building Using Negotiation Skills
The Advantages of Bias at the Negotiation Table
What impact do cognitive biases have on bargaining scenarios? Work by negotiation researchers Russell B. Korobkin of UCLA and Chris P. Guthrie of Vanderbilt University suggests how to turn knowledge of four specific biases into tools of persuasion.
… Read The Advantages of Bias at the Negotiation Table
Win Win Negotiations: Can’t Beat Them? Join a Coalition.
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
Negotiation Tactics for Managing Relationships
When multiple parties gather to discuss issues, someone has to oversee the group’s efforts, or the process will descend into chaos or stalemate.
… Read Negotiation Tactics for Managing Relationships
Dear Negotiation Coach: Managing Expectations of Our Own
When we negotiate for others, managing expectations is often part of our job, especially if they aren’t familiar with the sometimes complex nature of negotiations. Similarly, we may find it necessary to deal with the expectations of our counterparts. However, it’s easy to overlook the fact that we have expectations of our own that we … Read More
BATNA Strategy: Negotiating When Negotiation Is Not the Norm
Many U.S. law schools are in crisis, to hear some tell it. During the recent recession, many law firms instituted mass layoffs and pay cuts, and few have fully recovered. As a result, college graduates are thinking twice about becoming lawyers, and many law schools have fewer high-quality applicants to choose from. In the past … Read More
The Opposite of Autocratic Leadership Styles
While the advantages and disadvantages of leadership styles are not always readily apparent, one thing is certain – being decisive while avoiding autocratic leadership tactics is necessary for successful leaders and negotiators alike. Navigating these treacherous waters can be extraordinarily challenging, but it can also give rise to creative decisions that help resolve disagreements in … Read The Opposite of Autocratic Leadership Styles
Are Introverts at a Disadvantage in Negotiation?
Are extroverts by nature better negotiators than introverts? Or are they at a disadvantage in negotiation? As we’ll see, the answer is far from decided. However, we all have clear opportunities to build on our own strengths and learn from those of others.
Introversion is a personality trait marked by a desire to think through ideas … Read Are Introverts at a Disadvantage in Negotiation?
Ask A Negotiation Expert: Rebel Negotiation with Professor Francesca Gino
In her book, Rebel Talent: Why It Pays to Break the Rules at Work and in Life (Dey Street Books, 2018), Francesca Gino, the Tandon Family Professor of Business Administration at Harvard Business School, argues that a healthy dose of rebellion can deepen our engagement and help us meet our most important goals. We asked … Read More
The Importance of Communication in Multiparty Negotiations
When a team is preparing for a critical negotiation, members need to appoint a leader, allocate roles and responsibilities, and discuss their at-the-table strategy. Another key objective that teams sometimes fail to discuss is the importance of staying “on message” – that is, making sure that statements by individual members don’t contradict the group’s agreed-upon … Read More
Dear Negotiation Coach: How Can I Improve My Cross-Cultural Negotiation Skills?
Q: Because of the nature of my business, I regularly engage in negotiations across cultures—and the results can be disappointing. After recently losing an important deal in India, I learned that my counterpart felt I was rushing through our talks. I thought I was just being efficient with our time. How can I improve my … Read More
For Hollywood Writers, a Heavily Negotiated Business Contract
In its negotiations for a new business contract with entertainment companies back in 2017, the Writers Guild of America (WGA) delivered at the bargaining table what many film and TV viewers crave onscreen: plenty of suspense and a hard-won, if imperfect, victory.
The WGA, which represents more than 12,000 film and TV writers, negotiated for seven … Read More
Managing Negotiators? Avoid 3 Common Negotiation Mistakes
In 2019, face-to-face meetings between then U.S. president Donald Trump and North Korean leader Kim Jong-un, held in Hanoi, Vietnam, came to an abrupt end after Kim insisted that the United States lift all economic sanctions against his country in return for denuclearization. Trump refused and ended the talks, telling reporters, “Sometimes you have to … Read More
Business Skills: Make Concessions Strategically in Negotiation
Business negotiators generally understand that to get what they want from another party or parties, they will have to give something away. But what concessions should you offer in the deal-making process, and what form should they take? New research on concession making in negotiation offers tips to add to your repertoire of business skills.
Finding … Read More
Dear Negotiation Coach: Am I Using Deceptive Tactics in Negotiation?
Ethical negotiators try not to use deceptive tactics in negotiation situations. However, there’s one negotiation technique that may not feel deceptive, but it can slip under the radar and cause problems later. We spoke with Francesca Gino, Tandon Family Professor of Business Administration, Negotiation, Organizations and Markets Unit at Harvard Business School. We asked her … Read More
Q&A with William Ury, author of Getting To Yes With Yourself
Are You Your Own Worst Enemy?
We interviewed William Ury, co-founder of the 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 book, Getting To Yes With Yourself.
Great negotiators know that the path to resolution is not always linear but rather … Read More
Test Your Negotiation Decision-Making Ability
A negotiation research study using distributive negotiation examples sheds interesting light on decision-making capabilities, intelligence, and “intuition.”
… Read Test Your Negotiation Decision-Making Ability
Conflict Off the Rink: The NHL Negotiations
Negotiations for a new collective bargaining agreement (CBA) between the National Hockey League Player’s Association (NHLPA) and the NHL’s team owners took a tumultuous turn in mid-August, a month before the current agreement’s looming expiration date of September 15.
… Read Conflict Off the Rink: The NHL Negotiations
How to Build a Relationship at the Bargaining Table During Business Negotiations
Coming together with negotiating counterparts at the bargaining table is a situation fraught with potential mishaps, all of which are compounded by the pressure to get the best deal a negotiator can for herself or her organization.
… Read More
Putting Your Negotiated Agreement Into Action
Normally negotiators focus on the deal-at-hand as well as those present at the negotiation table, neglecting other aspects of the negotiated agreement that would not only impact others outside of the room but also require their cooperation for the agreement’s success and viability.
… Read Putting Your Negotiated Agreement Into Action
BATNA and Risky Negotiation Tactics
Your BATNA is your “best alternative to a negotiated agreement.” Expect that your negotiating counterpart has one going into a negotiation, and so should you. Below is a good BATNA negotiation example involving how to leverage your away-from-the-bargaining-table options and the risks inherent with such a negotiation strategy.
… Read BATNA and Risky Negotiation Tactics
A Win Win Negotiation Case Study Using Mind Mapping Negotiation Skills
A win win negotiation case study using mind mapping to discover your counterpart’s interests for collaborative, integrative negotiations can occur.
… Read More
Negotiating for a Win Win Coalition at the Bargaining Table
If a pet project of yours is facing an up-or-down vote, negotiation can be a powerful tool to help sway the outcome in your favor. One example was New York governor Andrew M. Cuomo’s successful campaign to legalize same-sex marriage in the state, as described by Michael Barbaro in the New York Times.
… Read More
Asking for More in Salary Negotiation: When Jennifer Lawrence and Jennifer Aniston Spoke Out
“We’re very much a sexist society,” actress Jennifer Aniston said in back in 2015 in an interview with the New York Times, addressing not just the constant questions she faces about marriage and children, but about recent revelations of pay discrimination and salary negotiation in Hollywood.
“Women are still not paid as much as men,” Aniston … Read More
Diagnose Your Negotiation Techniques and Negotiation Style
How would you describe your negotiation techniques or negotiating style? Are you a cooperative negotiator who focuses on crafting negotiated agreements that benefit everyone, or do you actively compete to get a better deal than your counterpart?
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Integrative Negotiations, Value Creation, and Creativity at the Bargaining Table
When life becomes routine we are more likely to overlook details or, conversely, we cannot see the forest for the trees. In both instances, what we may lack is a creative outlook on the situation at hand. In negotiations, creativity can lead to value-creation for both parties.
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The Winner’s Curse in Negotiations: How to Avoid It
These business negotiations – an auction and a negotiated acquisition – highlight both the promise and risks of high-priced purchases and the dangers of the winner’s curse in negotiation. Negotiators fall victim to the winner’s curse in negotiations when they over-compete (and overbid) for items in the pursuit of a “victory” at the bargaining table. … Read More
Teach Your Children How to Resolve Conflicts With This Book
We’ve all been there. One kid wants it his way; the other wants it her way and an inevitable conflict ensues. Shouting, crying, and harsh words are often part of the mix—creating stress for everyone, including the parents who just want to know how to resolve conflicts.
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Navigating Business Relationships Using Negotiation
A three-year dispute between Starbucks and Kraft Foods over distribution of Starbucks packaged coffee in grocery stores was resolved in 2013 when an arbitrator determined that Starbucks had breached its agreement with Kraft and ordered the coffeemaker to pay the food giant $2.75 billion.
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Negotiating with Millennials – How to Overcome Cultural Differences in Communication
Negotiation training often focuses on bridging gaps between negotiators with different styles, backgrounds, or objectives, but what about overcoming generational barriers in negotiation? Generational differences need not stymie efforts at the bargaining table. In this segment from “Dear Negotiation Coach,” we explore how to overcome cultural differences in communication with members of the Millennial generation.
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MESO Negotiation Strategies and Negotiation Techniques
MESO negotiation techniques for negotiators include creating value at the bargaining table by identifying multiple proposals of equal value and presenting them to your counterpart simultaneously. By making tradeoffs across issues, parties can obtain greater value on the issues that are most important to them. But how can you be sure you’re making the right … Read More
Why Is Sincerity Important? How to Avoid Deception in Negotiation
Why is sincerity important at the bargaining table and how do negotiators avoid deception in negotiations? Your counterpart may not realize that her behavior is unethical, and even when she does, she may justify her behavior as being ethical in this particular case.
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Break a Competitive Cycle with Win-Win Negotiation Strategies
Negotiators seeking to break through the mythical fixed-pie mindset can try the following three proven strategies, suggested by Max Bazerman for finding mutually beneficial tradeoffs.
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An Example of the Anchoring Effect
People tend to irrationally fixate on the first number put forth in a negotiation—the anchor—no matter how arbitrary it may be. Even when we know the anchor has limited relevance, we fail to sufficiently adjust our judgments away from it. This is the anchoring effect.
… Read An Example of the Anchoring Effect
Overcoming Barriers to Agreement: How Dell Computer’s BATNA Informed Its Privatization Negotiations
In negotiation, your best source of power typically is your “best alternative to a negotiated agreement,” or BATNA. By cultivating appealing options away from the table, you free yourself up to walk away in the event of a disappointing deal.
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How to Create Value at the Negotiation Table: Strategies for Creating Win-Win Negotiations
While you might choose many processes for conducting your negotiations, we recommend the following three steps of a mutual-gains approach to negotiations:
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What to Do When Your BATNA is Not Good Enough
The following question was featured in the “Ask the Negotiation Coach” section of the Negotiation Briefings newsletter, April 2010 issue. Question: What should I do when a negotiation seems to be all about price, I have no BATNA, and the other side knows it?
… Read What to Do When Your BATNA is Not Good Enough
Negotiation Strategies: Bernie Sanders’ Pragmatic Approach to Negotiating in the Senate
When dealing with difficult people, we tend to expect them to be rigid negotiators who will walk away if they don’t get everything they want. But a gruff demeanor may not necessarily translate into a hard-nosed negotiating style.
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How Hardball Negotiation Tactics Can Backfire
In negotiations and disputes, punishment and threats often seem like the only way to win concessions. But business negotiators would do well to remember how Time Warner’s gambit unfolded.
… Read How Hardball Negotiation Tactics Can Backfire
Dealmaking Tips: 7 Negotiation Tactics for Saving a Deal from Collapse
Even after the best negotiations, sometimes the other side will demand a renegotiation of the deal. Here are some guidelines on how to proceed in a negotiation.
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Negotiation Techniques from the M&A World
Negotiators often have to deal with more than one party to reach their goals and often tailor their negotiation techniques towards this end. These negotiation scenarios pose unique challenges, yet most negotiation advice focuses on talks between two parties.
… Read Negotiation Techniques from the M&A World
Integrative Negotiations: Using Social Proof as a Business Strategy
What do we do when we’re uncertain about how to behave in business negotiations? We study the behavior of others in similar situations.
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In Business Negotiations, Dress the Part
Negotiators involved in high-stakes mergers and acquisitions typically come to the table armored in meticulously tailored apparel and designer shoes. But as Dana Mattioli reports in a recent Wall Street Journal negotiation topics in business article, those who are trying to woo business from an apparel company often end up dressing down at the bargaining … Read In Business Negotiations, Dress the Part
Coming Up with Win-Win Solutions at the Bargaining Table
Even those who effectively engage in an integrative negotiations or mutual-gains approach to negotiation, a bargaining scenario in which parties work together to meet interests and maximize value creation during the negotiation process, can be stymied by the task of dividing up a seemingly fixed pie of resources, such as budgets, revenue, and time.
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The Hidden Hazards of BATNA Development
The following question was posed to Program on Negotiation faculty member and associate professor of business administration at Harvard Business School in the Negotiations, Organizations & Markets Unit, Francesca Gino and involves a negotiation example from real life from the world of business negotiations.
… Read The Hidden Hazards of BATNA Development
Negotiation Ethics: How to Navigate Ethical Dilemmas at the Bargaining Table
After buying a new car, you’re eager to sell your old car. It looks well kept, but you had problems with the engine last winter. Now it’s late summer. Should you tell prospective buyers about the engine, which might or might not act up when the weather turns?
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Women Negotiators and Barriers to the Bargaining Table
The barriers women negotiators face when negotiating for jobs and career advancement are well known: Women who ask for more money or better opportunities can face a backlash for violating traditional gender norms.
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How to Overcome Cross Cultural Barriers in Negotiation
How different cultural perspectives impact bargaining strategies at the negotiation table
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What is 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 What is BATNA?
Negotiation Techniques: How to Predict a Negotiator’s Decisions
Improving your negotiation skills can only take you so far – eventually you need to assess you behavior preferences as a negotiator. Being able to predict how you will behave in a given bargaining scenario will help you augment the negotiation training you have received as well as help you achieve better outcomes at the … Read More
Metaphorical Negotiation and Defining Negotiation Skills
Negotiators talk about building agreement, bluffing the opposition, and volleying offers back and forth. According to mediator Thomas Smith, careful attention to such metaphors can reveal deeper meaning beneath the explicit words that people use, notably regarding how they view the negotiation process and their relationship to one another.
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Negotiation Skills in Business Communication – Use Chaos to Your Advantage at the Bargaining Table
Some of the most successful negotiation examples that we have covered here include negotiators engaging in improvisation at the negotiation table, turning chaotic situations into advantages in negotiation scenarios.
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Negotiation Strategies: Seek Advice from Others When Negotiating
Negotiation skills in business communication and seeking advice from others, what are the potential benefits? Advice seeking inherently employs multiple self-presentation tactics (including ingratiation, self-promotion, and supplication), it allows us to improve both our competence and our likability.
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Creative Use of Power in Negotiations: Avoid “Last Call”
In negotiation, power often comes from the ability to walk away from the bargaining table. But what should you do when walking away would mean giving up? Faced with this dilemma, the owner of a venerable New York bar came up with a solution just in the nick of time. The story highlights both the … Read More
Dealing with Difficult People: Lies, Lies, and More Lies
Are you facing a negotiator you don’t think you can trust? Here are five common types of deception you may come across when dealing with difficult people in a negotiation.
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Negotiating Around a Bad BATNA
Don’t assume your public statements will win over a reluctant negotiator. Know when it’s best to move on and make the most of your current situation.
… Read Negotiating Around a Bad BATNA
Negotiation Case Study: Sincerity’s Power in Negotiation
Most of us have had the experience of delivering an apology that fell on deaf ears. When apologies fail to achieve their aims, poor delivery is usually to blame. The importance of sincerity in such a situation cannot be overstated, because if the recipient thinks your apology is less than sincere, she is unlikely to … Read More
Win Win Negotiation: Different Cultures, Shared Meals
From movie moguls hammering out film deals in Los Angeles to publishers and agents assessing each other’s tastes in New York, the “power lunch” has become a familiar institution. Across the globe, negotiators often do business over shared meals, whether out of convenience or as part of a concerted effort to get to know one … Read More
Negotiation Skills: Value Creation Resources
By following these steps in your next negotiation, you’ll improve the chances of meeting everyone’s interests.
… Read Negotiation Skills: Value Creation Resources
Negotiation Strategies and Techniques for Activists: Lessons from Mandela
In the aftermath of George Floyd’s killing in Minneapolis by a White police officer, activists, politicians, and other concerned citizens are grappling with a big question: Where do we go from here? The quest for reforms to policing and other societal institutions can be pursued through many means, including continued demonstrations, political lobbying, and community-wide … Read More
Should You Really Negotiate?
Imagine that you’re about to hire someone to provide a service—say, to repair your leaky roof, design a new website for your business, or cater a family event. When you receive a price quote, should you try to negotiate a better deal?
Conventional wisdom would answer with a resounding yes. Opening up price negotiations could very … Read Should You Really Negotiate?
The Impact of Anxiety and Emotions on Negotiations
Intense negotiation scenarios, we often choose to consult an expert for advice, preferably someone who has carried out hundreds of similar deals with great success. When we consult with others on our negotiations, we must weigh their advice against our own opinions and research. Past negotiation research finds that we tend to undervalue advice from … Read More
Successes & Messes: At Closing Time, Avoid “Last Call”
When your negotiating leverage seems to be nonexistent, you may need to enlist the help of an influential advocate. The owner of a venerable New York bar came to that realization just in the nick of time.
More than just a watering hole
Neir’s Tavern, which opened in the Woodhaven neighborhood of Queens in 1829, may be … Read More
Don’t get schooled in your next negotiation
Chicago mayor Lori Lightfoot, a former federal prosecutor and head of the Chicago Police Board, was elected in 2018 as a reformer calling for big improvements to Chicago’s chronically underfunded public schools, including smaller class sizes, and more nurses and social workers. One of Lightfoot’s first major challenges after being sworn in on May 20, 2019, … Read Don’t get schooled in your next negotiation
Collaborative Leadership: Managing Negotiators
Organizational leaders, from middle managers to heads of state, often face the difficult task of overseeing mission-critical negotiations and managing individual negotiators and negotiating teams. Collaborative leadership—a focus on giving employees autonomy and a voice in key decisions—is often key to managing negotiators effectively.
We often overlook the important role of leadership in negotiation. But as … Read Collaborative Leadership: Managing Negotiators
Negotiation in the News: When “Mini-Deals” Are the Easy Way Out
Donald Trump campaigned for president in 2016 as the consummate dealmaker, vowing to renegotiate a new nuclear deal with Iran, forge new trade deals with countries ranging from China to Mexico to Japan, and reach creative agreements with the U.S. Congress. Nearly three years into his presidency, few of these promises have come to fruition. … Read More
The Effects of Power in Negotiation
You might think that you’re entering a negotiation as the more powerful party, but those with considerable power often fail to take advantage of their privileged bargaining position. Meanwhile, negotiators who lack power routinely miss out on opportunities to gain leverage. To make the most of the power you have, it’s important to understand the … Read The Effects of Power in Negotiation
Get Beyond “Take It or Leave It”
“This is the best I can do. Take it or leave it.”
It’s a statement negotiators often dread, as it seems to leave us with a choice between two unappealing options: accept an offer we don’t like or walk away from the bargaining table. No matter which choice you make, an ultimatum appears to bring a … Read Get Beyond “Take It or Leave It”
Body Language in the Negotiation Process and the Impact of Gender at the Bargaining Table
How important is body language in the negotiation process? Negotiators are often advised to engage in small talk before getting down to business.
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Must-Read Negotiation Books for 2019
The year 2017 offered plenty of negotiation hits and misses in the realms of government, business, and beyond. To avoid failed negotiations in 2018, politicians, business leaders, and the rest of us would be wise to explore the following recent negotiation books, which can help steer us through our most difficult negotiating dilemmas:
… Read Must-Read Negotiation Books for 2019
Intercultural Negotiation: Does the BATNA Concept Translate?
When should you walk away in negotiation? That’s a common question that negotiation experts pose of professional negotiators. We are typically advised to walk away from the bargaining table when we haven’t been able to get a better deal than we can get elsewhere. But in intercultural negotiation, particularly in international negotiation in certain countries … Read More
What an Operatic Role-Play Simulation Can Teach You About Negotiation
A distinguished older soprano, Sally has not had a lead role in two years. However, when another soprano falls ill, the Lyric Opera is eager to hire Sally…but at what price?
Sally Soprano is one of the best-known role-play simulations from the Program on Negotiation’s Teaching Negotiation Resource Center (TNRC). And it’s a classic for good … Read More
Handling Difficult People: The Antisocial Negotiator
Have you ever found yourself negotiating with someone who seemed entirely ruthless and lacking in empathy? From time to time, we may end up in the deeply unsettling position of handling difficult people who appear to have no concern for us or our outcomes.
People who are antisocial, lack empathy, and habitually engage in impulsive, manipulative, … Read More
Negotiation Techniques and Tactics: Power Plays
Imagine you’re a chef who is having trouble finding cooks in an oversaturated restaurant market. You’re so desperate to get fully staffed that you find yourself making significant concessions on salary, scheduling, and other issues during interviews with potential hires.
… Read Negotiation Techniques and Tactics: Power Plays
Business Negotiation Solutions: Coping with Low Power
In business negotiations, a little power is better than none at all, right? After all, if talks with a prospective client fail, we’d rather have a few unpromising leads to turn to rather than none.
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How Negotiators Can Stay on Target at the Bargaining Table
An excerpt from PON faculty member Francesca Gino’s book Sidetracked: Why Our Decisions Get Derailed, and How We Can Stick to the Plan discusses the importance of staying on target in negotiations whether personal or business in nature.
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4 Negotiation Tactics Robert Kraft Used to End the NFL Lockout
Robert Kraft, owner of the New England Patriots, was by all accounts a major factor in getting the NFL collective bargaining agreement signed earlier in October 2011. To do so, Kraft employed four key negotiation tactics to help the players and owners come to a “win-win” solution.
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Learn How to Detect Lies in Negotiation
Whether we like it or not, negotiators often lie. Researchers have found that while most of us are generally aware of this fact, few of us are adept at detecting actual lies in negotiation.
In two studies, Maurice E. Schweitzer and Rachel Croson of the Wharton School at the University of Pennsylvania move beyond the challenge … Read Learn How to Detect Lies in Negotiation
Need Some Negotiating Help? In the future, ask your phone
Today, many people use “virtual assistants,” such as the iPhone’s Siri or Amazon’s Alexa, to perform simple tasks and provide answers to straightforward questions. So-called chatbots, or bots, grease the wheels of everyday life by giving directions, looking up arcane facts, providing customer service, and much more. The best bots can also carry out lengthy conversations … Read More
How to Find the Zone of Possible Agreement (ZOPA) Between Friends
Finding the zone of possible agreement in negotiations can be difficult, especially when dealing with friends and family. We all know people who have “alligator arms.” When the restaurant check comes, they can’t manage to reach their wallets, or they quibble that they had the small tomato juice, and you had the large.
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How to Deal with Difficult People
We’ve all met them: people who prefer competition over collaboration, stonewalling over problem solving, tough talk over active listening. Think of the boss who refuses to allow you time off to help an ailing relative, or the potential customer armed with a “nonnegotiable” proposal.
When considering how to deal with difficult people, we tend to write … Read How to Deal with Difficult People
Deal Design: Strategies for Complex Dealmaking
As experienced negotiators well know, the more parties involved in a negotiation, the more difficult it often is to come to agreement, due in part to the logistical challenge of making sure each voice is heard. Yet multiparty negotiation offers considerable benefits. Most notably more opportunities for making tradeoffs and creating value in negotiation than … Read Deal Design: Strategies for Complex Dealmaking
Bargaining at a Fever Pitch
Have you ever won an auction only to realize later that you overbid for the prize? In competitive bidding situations, it’s easy to get carried away in the heat of the moment and overpay. The Boston Red Sox 2006 procurement of Japanese pitching phenomenon Daisuke “Dice-K” Matsuzaka offers a lesson in keeping cool in these … Read Bargaining at a Fever Pitch
How Chaos at the Bargaining Table Can Help Negotiators Reach Agreement
Here are some examples of negotiation situations in which chaos at the bargaining table works to the negotiator’s advantage. Whether conducting business negotiations involving commercial transactions or personal disputes with a friend, the following negotiating skills and techniques can be used.
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Managing Faultlines in Group Negotiations
Group negotiations are a fact of managerial life, yet the outcomes of teamwork are highly unpredictable. Sometimes groups cohere, reaching novel solutions to nagging problems, and sometimes infighting causes them to collapse. How can you predict when conflict will emerge in groups, and what can you do to stop it?
Dora Lau of the Chinese University … Read Managing Faultlines in Group Negotiations
The Winner’s Curse: Will You Be Its Next Victim?
Imagine that you’re up for a new job that you’d like very much. At the end of a long hiring process, the HR manager asks you to name your price. You propose a salary that you believe to be ambitious, expecting some haggling to follow. Instead, the HR manager smiles and holds out her hand … Read More
Women Negotiators Break New Ground
In many other parts of the world, women face the daunting challenge of winning a place at the negotiating table in the first place. In particular, UN Women, an agency of the United Nations, has noted that women are vastly underrepresented in formal peace negotiations worldwide.
… Read Women Negotiators Break New Ground
Negotiation Habits of Great Women Leaders
Pay inequities and a lack of great women leaders in upper management remain enduring problems in the workplace.
… Read Negotiation Habits of Great Women Leaders
Business Negotiation: When is an Outsider Needed at the Negotiation Table
One of the most popular negotiation topics in business concerns the role of outsiders to the negotiation. In this article the Program on Negotiation explores how to include outsiders in both your strategy and at-the-table negotiations.
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How a Bad BATNA Keeps Medicare Drug Prices High
It’s Negotiation 101: to get what you want, you need to be able to make a credible threat to walk away from a subpar deal. And for your threat to be credible, you can’t walk in with a bad BATNA, you have to have a strong BATNA, or best alternative to a negotiated agreement. In … Read How a Bad BATNA Keeps Medicare Drug Prices High
How to Break Through Barriers in Negotiation When Dealing with Difficult People
In negotiation, we sometimes face the dreaded task of asking difficult people, intimidating opponents, and otherwise daunting counterparts for a big favor. How can we close the deal when we can barely summon up the courage to talk to the person in the first place?
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How to Avoid Preparing Unethical Negotiation Plans
To what degree should you level the playing field for your counterpart in negotiations? Let’s turn to the question of whether you have an ethical obligation to educate an uninformed buyer.
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Be a Better Mind Reader and Create Value Using Integrative Negotiation Strategies
How important is body language in the negotiation process? Take the following example: The parents of a toddler were interested in finding a babysitter to work one or two nights a week.
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MESO Negotiation: Learn from a Seller’s Market
What negotiating skills can negotiators take away from hyper competitive bargaining situations? With home sales heating up (again) in some parts of the United States, homebuyers are facing competition they haven’t seen since before the real-estate bubble burst back in 2008, and it’s showing up in the form of packed open houses, multiple bids above … Read MESO Negotiation: Learn from a Seller’s Market
Peace and Conflict Resolution with Difficult Partners
When peace and conflict resolution are your goals, what should you do when your would-be counterpart doesn’t want to come to the negotiating table? U.S. president Donald Trump faces this question as he tries to determine the right path to take with North Korea.
Tensions have ratcheted up lately as concerns mount that North Korea could … Read More
Integrative Negotiation Examples: MESOs and Expanding the Pie
In our society, we’re bombarded with a multitude of decisions each day, beginning with the increasingly complex question of how to order our morning coffee. In his book The Paradox of Choice: Why More Is Less (Ecco, 2004), Swarthmore College psychology professor Barry Schwartz describes the contemporary phenomenon of becoming exhausted by “the tyranny of … Read More
Negotiation Topics in Business: Make a Bump Plan
Regrouping from the cancellation of the 2004–2005 season due to failed labor negotiations, National Hockey League (NHL) teams and players faced the challenge of radically restructuring their collective bargaining agreement (CBA) in July 2005. The new CBA instituted a uniform cap (as well as a floor) on team payrolls. It also set maximums and minimums … Read Negotiation Topics in Business: Make a Bump Plan
Dealmaking: Don’t Wait for Them to Blink
In labor disputes and dealmaking, negotiators on both sides are likely to overestimate the odds that the other side will view their proposals as fair. In fact, however, self-serving perceptions of what constitutes a fair settlement can cause negotiators to remain miles apart. These factors appear to have come into play when the National Hockey … Read Dealmaking: Don’t Wait for Them to Blink
Top Business Negotiations: Michael Bloomberg versus the New York Teachers’ Union
Business negotiators seeking to resolve a dispute should foster a cooperative spirit, framing negotiations around gains rather than losses. And when negotiators are far apart, it may take a professional mediator or other independent party to help bridge the divide.
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How to Overcome Cultural Barriers to Communication in International Negotiations
How to overcome cultural barriers to communication: As members of organizations and families, we all know from experience that even people with identical backgrounds can have vastly different negotiating styles and values. Nonetheless, we continue to be intrigued by the idea that distinct patterns emerge between negotiators from different cultures.
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BATNA: Negotiation Preparation to Help Avoid Giving Up at the Bargaining Table
When you expect an opponent to be competitive, your confidence in the outcomes you can achieve in negotiation is likely to plummet. In negotiation research with Adam Galinsky of Northwestern’s Kellogg School of Management, negotiators were provided with some background about their counterpart including information on how competitive their counterpart has been in previous negotiations.
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When Dealmaking Breaks Down, Take the High Road
When a negotiation reaches an impasse, it can be tempting to use threats and punishment to try to coerce the other side into conceding. That happened in a dispute between Amazon and Hachette, one of the largest New York publishers, as reported in the New York Times.
… Read When Dealmaking Breaks Down, Take the High Road
Using Your BATNA: Bruce Patton and William Ury Discuss the ‘Fiscal Cliff’
A standoff between Democrat President Barack Obama and congressional Republicans in 2012 focused attention on the negotiation styles employed by the two parties as they sought to secure their interests while also working toward the resolution of a budgetary battle.
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If At First You Don’t Succeed…
In negotiation, it’s nice to get the deal right the first time. But if carefully laid plans fall apart, you may still be able to recover. That’s what the government of Colombia and the rebel group Revolutionary Armed Forces of Colombia, or the FARC, did after their peace agreement was narrowly defeated in a national … Read If At First You Don’t Succeed…
A Chance at a Win-Win Negotiation in Hollywood?
Question: What’s the best way to minimize the risk of long-term financial commitments and wrap up a win-win negotiation?
… Read A Chance at a Win-Win Negotiation in Hollywood?
Conflict Negotiators Turn to Miss Universe
Opening offers lie at the heart of any successful negotiation. Here are four negotiation fundamentals that any negotiator should take to heart.
… Read Conflict Negotiators Turn to Miss Universe
Leadership Skills: When Identities Clash or Click at the Bargaining Table
Chartered Management Institute conducted a study focusing on the salary gap between men and women in an attempt to discover why the pay gap between the genders persists even when systemic changes were undertaken to prevent this from happening.
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How to Deal with Outsiders at the Bargaining Table
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.
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Negotiation and Leadership Skills: Jerry Brown Re-Frames a Deal at High Speed
Starting construction on an 800-mile rail network in the world’s 8th largest economy without the funds in place to finish the job may seem crazy, but in California Governor Jerry Brown’s case it was a calculated gamble by a seasoned leader intent on winning a long-term negotiation.
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Promoting Fair Outcomes in Negotiation
So, you believe you’ve done everything you can do create value in your negotiation. You engaged in logrolling, making trades based on your and the other party’s different preferences on particular issues. You brainstormed new issues to add to the discussion, added a contingent contract, and proposed multiple offers simultaneously to identify which your counterpart … Read Promoting Fair Outcomes in Negotiation
Don’t Forget to Negotiate the Process
This past October, as the United Kingdom (UK) began gearing up for its negotiations to exit the European Union (EU)—a process known as Brexit—scheduled to begin in March, Reuters reported that the EU’s lead Brexit negotiator, former French foreign minister Michel Barnier, had asked for the negotiations to be conducted in French rather than English. … Read Don’t Forget to Negotiate the Process
How Professional Negotiators Can Avoid Public Controversy
In negotiation, we sometimes become so focused on what we’re trying to achieve at the bargaining table that we fail to adequately account for how the deal could look to observers. As two recent deals that the U.S. government reached with Iran show, it’s important for professional negotiators to consider the optics.
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In Platform Negotiations with Clinton, Sanders Was Victorious
With the 2016 Democratic National Convention now over, Vermont senator Bernie Sanders used the Hillary Clinton campaign’s fear of a divisive spectacle in Philadelphia to extract concessions on the party’s official platform and committee assignments. The senator’s tough dealmaking suggests an important negotiation lesson: Always know your BATNA and ZOPA in any negotiation.
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Negotiating Advice for Congressional Democrats in the Era of Trump
In the aftermath of the 2016 election, with Republicans poised to control the White House and both houses of Congress, Democrats in Washington are struggling to determine how they will go about meeting their goals in the face of seemingly insurmountable odds.
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Creating and Claiming Value Through Haggling – Assess The Other Party’s BATNA in Dealmaking Negotiations
Now it’s time to assess the best deal you might get. Figuring out the other party’s reservation price is the key to knowing how far you will be able to push him, write Deepak Malhotra and Max H. Bazerman in their book Negotiation Genius: How to Overcome Obstacles and Achieve Brilliant Results at the Bargaining … Read More
Worst Negotiation Tactics of 2015
Here are some of the worst negotiation tactics displayed during calendar year 2015 – from hard-bargaining, distributive negotiation strategies aimed at getting the whole pie to stonewalling strategies intended to stymy the development of a negotiated agreement.
… Read Worst Negotiation Tactics of 2015
Worst Negotiation Tactics of 2015
Here are some of the worst negotiation tactics displayed during calendar year 2015 – from hard-bargaining, distributive negotiation strategies aimed at getting the whole pie to stonewalling strategies intended to stymy the development of a negotiated agreement.
… Read Worst Negotiation Tactics of 2015
Manage Your Power at the Bargaining Table
Avoid the common traps that come with having high power or low power.
In early August, employees of the Massachusetts Institute of Technology (MIT), New York University (NYU), and Yale University sued their employers for allowing investment companies to charge excessive fees on their retirement plans, the New York Times reports. The universities were accused of … Read Manage Your Power at the Bargaining Table
How to Write a Contract: Three Deal-Drafting Pitfalls
The transfer of an agreement from negotiators to lawyers or other professional deal drafters can introduce three main types of mistakes. Read on to discover how you can avoid making these same mistakes at the bargaining table during your next dealmaking negotiation session.
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Conflict Management: Anger – The Good and the Bad
Most negotiations are “mixed motive” in structure, requiring us both to compete to claim value and to cooperate to create value. The ability to move back and forth between these two goals is a critical – and difficult – skill to master.
… Read Conflict Management: Anger – The Good and the Bad
Managing Cultural Differences: Negotiation Strategy and Diplomacy
Diplomats deal with difficult people when engaging in international negotiations in ways integrative negotiators may find useful for developing their negotiation skills.
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Maintaining Your Power in Negotiations
Given the pitfalls of having a position of relative power, what is a powerful negotiator to do? By following these steps, you can keep your edge while encouraging cooperative, rather than competitive, behavior.
… Read Maintaining Your Power in Negotiations
How to Avoid Faulty Negotiated Agreements
Some of the trickier aspects of designing the right contract with your agent include properly aligning her incentives and monitoring her work. Supervising your agent can be especially hard when she knows more than you do about the area of work. For example, hiring an agent who is a lawyer and paying her on an … Read How to Avoid Faulty Negotiated Agreements
How to Avoid the Domino Effect in International Negotiations
“Give them an inch, and they’ll take a mile.” Unfortunately, that’s the attitude with which many people approach negotiation. Convinced that their counterparts will take advantage of any concessions and compromise they make, they refuse to make any at all.
… Read More
Threats in International Negotiation: How to Respond
When a negotiating counterpart threatens to scuttle a potentially beneficial deal, how can you defuse the threat and get talks back on track?
… Read More
Is Your Deal Too Good to Be True?
In an episode of the fictional HBO series Silicon Valley, partners in a red-hot technology startup, Pied Piper, receive funding offers from a number of venture capitalist firms. Raviga Capital is by far the highest bidder; its offer of $20 million values Pied Piper at a whopping $100 million.
… Read Is Your Deal Too Good to Be True?
Exploring New Opportunities to Negotiate in Conflict Resolution
Many U.S. law schools are in crisis, to hear some tell it. To combat economic downturns, many law firms instituted policies of mass layoffs and pay cuts. Years after the 2008 financial recession, few have recovered.
… Read More
Conflict Resolution Games: Life, Death, and Career Consequences
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
Drinks at the White House? Clinton Plans on It
The practice of using alcohol to grease the wheels has a long and storied role in famous negotiations. In recent decades, shared drinks during adversarial bargaining helped lead to breakthroughs in conflicts in Serbia and Northern Ireland, for example.
… Read Drinks at the White House? Clinton Plans on It
Beware Self-Fulfilling Prophecies in Negotiation
A self-fulfilling prophecy is a prediction of expectations that a person has that comes true because he or she expects it will.
… Read Beware Self-Fulfilling Prophecies in Negotiation
How Your Organization Can Benefit from Mediation Techniques
If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Read More
A Second Look at Rights of First Refusal
When transferring property, sellers sometimes insist on rights of first refusal—the chance to be first in line to repurchase the property if their buyer later decides to sell. A right of first refusal can be an obvious advantage if your financial circumstances later change.
… Read A Second Look at Rights of First Refusal
Adaptability at the Bargaining Table: How Improvisation and Jazz Music Inform Negotiation Strategy
Aggressive tactics and hard-bargaining strategies may, at face value, provide a roadmap to success at the bargaining table but, as the Washington Post’s Kelly Johnson discovered in her interview with Program on Negotiation faculty member Michael Wheeler, adaptability to ever-changing circumstances is essential for the “dynamic” negotiations one encounters in everyday life.
… Read More
How to Bargain for a Mutually Beneficial Agreement
We tend to view job negotiations as battles over a fixed pie of resources: A higher salary for the employee means lower profits for the employer. More vacation time equals lowered productivity, and so on.
… Read More
Negotiation Research Demonstrates the Impact of Memory on Decision Making Processes in Bargaining Scenarios
Recent negotiation research published by Psychological Science from Program on Negotiation faculty member and assistant professor at Harvard University’s Department of Psychology Joshua Greene and his colleague Elinor Amit explores the impact vivid mental imagery has on decision-making processes for negotiators. The negotiation skills insights that can be obtained from such negotiation research are many … Read More
Top 10 Best Negotiations of 2014: Negotiation Case Studies Drawn from Negotiation Examples in Real Life
Rather than unparalleled triumphs and victories, many of the 10 Best Negotiations of 2014 share a common theme of “making the best of a bad situation.” From climate change to Congress to Cuba, negotiators often found themselves trying to claw their way out of the darkness and into the light. Here are 10 negotiations that … Read More
Negotiation Research You Can Use: When Cultural Expectations Lead Us Astray
In September 2014, a Chinese court found the British pharmaceutical firm GlaxoSmithKline (GSK) guilty of bribing government officials, hospital officials, and doctors to sell more drugs at higher prices, according to the Wall Street Journal. The court fined the company nearly $500 million and convicted five of GSK’s managers, including its former top executive in … Read More
Dealmaking and the Trade Deal: Obama’s Uphill Battle with Congress
Sometimes in dealmaking, reaching agreement would require us to make compromises that we know will displease those who need to authorize the deal, such as our superiors back at the office. Fail to compromise, and impasse may be inevitable. Compromise and save the deal, and accept the difficulty of closing the deal in negotiations with … Read More
Overcoming Cultural Barriers in Negotiations: The Importance of Culture and Etiquette in Bargaining Scenarios
Learn how and when to engage in appropriate cultural traditions when negotiating with counterparts from a different culture. In this article we offer negotiation tips for overcoming cultural barriers in negotiation and present additional articles drawn from negotiation research that may be of benefit to negotiators who need to improve their international negotiation skills.
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Top 10 Celebrity Negotiations of 2015
Here are the top 10 celebrity negotiations from the year 2015. From integrative bargaining strategies to building bridges with counterparts in contentious talks, these negotiation scenarios demonstrate the effectiveness of collaborative, win-win negotiation tactics.
… Read Top 10 Celebrity Negotiations of 2015
With Second Book Deal, Amy Schumer Gets the Last Laugh
Dissatisfied with her initial book contract, comedian Amy Schumer used her negotiation skills to bargain for an even better contract. Find out how she did it in this article drawn from examples of negotiation in real life.
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Don’t Let the Outside Voices Ruin the Dialogue Inside: Limiting the Impact of Outsiders on Your Negotiation
How US Secretary of State John Kerry overcame the objections of influential outsiders and headed off their attempts to influence proceedings at the negotiation table.
… Read More
Financial Negotiations During the Banking Crisis: Did the Mortgage Foreclosure Settlement Meet Its Goals?
The mortgage foreclosure settlement reached by the Obama Administration and major US banks bailed out during the 2008 financial crisis illustrates the importance of an integrative negotiations approach to bargaining with your counterpart. Here are the strategies and techniques employed by each side to reach a consensus on the mortgage foreclosure settlement.
… Read More
The Program on Negotiation’s Top Ten International Negotiations Posts
Whether dealing with difficult or hard bargainers like Putin or forging business partnerships, international negotiations are fraught with a level of complexity rarely encountered in everyday negotiations. Here are the top ten international negotiation articles on the Program on Negotiation’s website.
… Read More
Negotiation Research You Can Use
Negotiators often are advised to tamp down strong emotions and behave as rationally as possible at the bargaining table, but that can be easier said than done. More realistically, negotiators need skills and tools that can help them cope with their own potentially destructive emotions and those of their counterparts.
Some people come by these skills … Read Negotiation Research You Can Use
Seeking a Win-Win Negotiation? Pass the Chips and Salsa
From movie moguls hammering out film deals in Los Angeles to publishers and agents assessing each other’s tastes in New York, the “power lunch” has become a familiar institution. Across the globe, negotiators often do business over shared meals, whether out of convenience or as part of a concerted effort to get to know one … Read More
Negotiation Skills in Business Communication: Heading Off Deception
In all types of negotiations and across all phases of the process, people can sometimes misrepresent or fail to tell the truth. Individual negotiators lie with the hope of improving their own outcomes. When negotiating his salary with the Cranbury, N.J.–based pharmaceutical marketing firm Carter-Wallace in 1997, Robert Bonczek misrepresented his prior title and salary … Read More
Negotiation Skills in Business Communication: Status Anxiety
Negotiation Skills in Business Communication: Campeau Corporation and Federated Department Stores
Sometimes in negotiation we are forced to deal not only with the issues on the table but also with concerns about status.
One famous instance took place in the late 1980s, when Robert Campeau, head of the Campeau Corporation and then one of Fortune magazine’s “50 … Read More
Negotiating Skills and Negotiation Tactics: Damage Control in Conflict Resolution
Framing in negotiation, and the negotiating skills and negotiation tactics that go behind effective bargaining, can help not only achieve a negotiator’s goals at the bargaining table, but also can anticipate the fallout or kickback received from parties away from the negotiation table. President Obama’s tax-cut negotiations with Senate Republicans in late 2010 offer cautionary … Read More
Negotiation Ethics and Lies at the Negotiation Table
Negotiation ethics can be linked to context and environment – as well as to jealousy experienced by negotiating counterparts. The negotiation research of Maurice E. Schweitzer and Simone Moran is discussed.
… Read More
Conflict Resolution When Dealing with Difficult People: Shutting Down the Government and Negotiation Strategies
Program on Negotiation faculty discuss the negotiation strategies used by US President Barack Obama and Congressional Republicans negotiating the end of the shutdown of the United States government.
… Read More
International Negotiation: Your Own Worst Enemy?
Knowing how to manage your own internal conflicts before engaging in negotiations is an invaluable negotiation skill negotiators should develop prior to engaging in international negotiations, business or otherwise.
… Read More
Conflict Management in Negotiation: Training with the Enemy
Negotiation skills tips to help create value during your next session at the bargaining table. Read how collaboration and competition can lead to value creation in business negotiations.
… Read More
Deal Negotiation and Dealmaking: What to Do On Your Own
Six negotiation skills tips for negotiators seeking to creative value during their next round at the bargaining table. Business negotiators are often faced with the complex task of coordinating multiple parties – here are some tips for the individual business negotiator on how to achieve success in her next deal negotiation.
… Read More
Tough Negotiation Tips from Jennifer Aniston?
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 Tough Negotiation Tips from Jennifer Aniston?
Negotiation Skills: When It’s Better to Be in the Dark
When your agent negotiates on your behalf, it’s generally smart to have her keep you in the loop throughout the process with regular phone calls, e-mails, or meetings. But in a recent article in Poets & Writers magazine, literary agent Betsy Lerner identified conditions in which you might prefer to be uninformed.
… Read More
Negotiation Skills: Could I Really Make a Difference?
Individual negotiators are sometimes overwhelmed by the idea of leading organization-wide changes to negotiation practices. In fact, it doesn’t take much time or effort to set the wheels of reform in motion, write Hallam Movius and Lawrence Susskind in Built to Win.
… Read More
Dealmaking: Beyond Collusion – How to Include Outsiders in Your Deal in Business Negotiations
The issue of bidder collusion raises a larger question for negotiators: What ethical responsibility do we have to those who aren’t seated at the table with us?
Harvard Business School professor Max H. Bazerman uses the term “parasitic value creation” to describe the common tendency of negotiators to focus so narrowly on identifying benefits for those … Read More
Business Negotiation Advice: When Your Image is Everything
Turning to another questionable negotiation from Illinois politics, in 2005, then–U.S. senator Barack Obama and his family bought a house in Chicago. On the same day the Obamas closed on the property, the wife of real estate developer Antoin Rezko bought an adjacent parcel of land. Rezko was a key fundraiser for Obama’s Senate campaign.
… Read More
Build On Your Past Success in Business Negotiations
For fans of AMC’s hit show Mad Men, the news was terrible. In late March 2011, the network publicly confirmed that the fifth season of the show, originally set to air summer of 2011, would not air until early 2012. A contract dispute with the show’s creator, producer, and head writer, Matthew Weiner, had held … Read More
To set more accurate negotiation goals, try unpacking
As negotiators, we understand the importance of estimating the likely parameters of an agreement in upcoming talks. Yet even the most experienced negotiators have moments of surprise at the bargaining table when they realize that their estimates were far off the mark.
A new negotiation study by professor Michael P. Haselhuhn of the University of California … Read More
Lawyers in Mediation and the Mediation Process
How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research … Read Lawyers in Mediation and the Mediation Process
Conflict Management Techniques: Should You Take Your Dispute Public?
To turn up the heat on opponents, negotiators sometimes advertise their grievances.
Here’s negotiation skills advice on when it’s a good idea to be vocal—and when to keep talks private.
The decision seemed nonsensical.
Early on the morning of March 7, 2010, with the Academy Awards telecast just hours away, the Walt Disney Company pulled the signal on … Read More
Why We Focus on Culture in Negotiations
Adapted from “Coping with Culture at the Bargaining Table,” first published in the May 2009 issue of Negotiation.
Why we focus on culture
Why does concentrating on the other side’s culture lead to problems in negotiation? Consider that negotiators often focus too narrowly on the most obvious information about the task at hand. Such focusing failures lead negotiators to … Read Why We Focus on Culture in Negotiations
Intercultural Negotiations: When Negotiators Try Too Hard
Adapted from “Coping with Culture at the Bargaining Table,” first published in the May 2009 issue of Negotiation.
Though intercultural negotiating schemas can be useful, negotiators often give too much weight to them, according to an article in the May issue of the journal Negotiation and Conflict Management Research, “Starting Out on the Right Foot: Negotiation Schemas When … Read More
Hong Kong Lawyer Benny Tai Inspired by Harvard Negotiation Project Authors
The Harvard Negotiation Project was recently mentioned in the Wall Street Journal by David Feith in his interview with Benny Tai, “China’s New Freedom Fighters.”
Benny Tai, a 49 year old lawyer who has been branded an “enemy of the state,” founded Occupy Central with Love and Peace, a group that promotes civil disobedience in order … Read More
At the Met, Conflict Management in a Minor Key
This spring, the Metropolitan Opera opened labor talks with the 16 unions representing its workers, whose contracts all expire at the end of July, the New York Times reports. Labor and management agree on one fundamental point—that the opera is struggling financially amid falling ticket sales, a depleted endowment, and growing expenses. Perhaps not surprisingly, … Read At the Met, Conflict Management in a Minor Key
Robert Mnookin to Mediate Negotiations Led by Middle East NGO Peacehub
After the conclusion of a reconciliation agreement between Fatah and Hamas that Israeli Prime Minister Binyamin Netanyahu labeled collusion with a terrorist organization, the Middle East peace process has arrived at another, hopefully temporary, standstill.
… Read More
Negotiation Skills: Bring Future Concerns to the Bargaining Table
You can’t control the U.S. financial markets, but you can take these three steps to make sure your deals don’t contribute to a predictable surprise in your own home or organization.
… Read More
Have You Negotiated How You’ll Negotiate?
A large pharmaceutical company was engaged in licensing negotiation with a small biotech firm over the terms of a technology transfer.
When the talks reached a standstill over royalty rates, the two sides began an all-weekend marathon session.
Each side came armed with supporting arguments and data, but, by Sunday afternoon, they had failed to converge toward … Read Have You Negotiated How You’ll Negotiate?
Will you behave ethically?
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 Will you behave ethically?
The Program on Negotiation’s MIT-Harvard Public Disputes Program Releases “Collaborative Approaches to Environmental Decision-Making” Case Studies
The MIT-Harvard Public Disputes Program, one of the Program on Negotiation at Harvard Law School’s many research programs, acts as a center for research committed to thinking about and resolving disputes in the public sector. Led by its Director and Program on Negotiation executive committee member Lawrence Susskind, the MIT-Harvard Public Disputes Program conducts research … Read More
Social Comparisons in Negotiation
Social comparisons – the assessments we make about how we measure up to others – are key to understanding how status operates in negotiation. These comparisons, which signal concern about relative status, have a profound impact at the bargaining table.
To make social comparisons, first we choose a reference group against which we can measure ourselves. … Read Social Comparisons in Negotiation
What If We Have the Same Social Motive at the Bargaining Table?
When two people share the same motive, they fall prey to the same flaws and reinforce each other’s failings. Consider a labor negotiation in which the chief management negotiator withholds information about revenue projections, while the labor leader holds back details about workforce sentiment. Impasse is the predictable result. When you’re negotiating with a fellow … Read More
The Deal is Done – Now What?
At last, the deal is done. After 18 months of negotiation, eight trips across the country, and countless meetings, you’ve finally signed a contract creating a joint venture with a Silicon Valley firm to manufacture imaging devices using your technology and their engineering.
The contract is clear and precise. It covers all the contingencies and has … Read The Deal is Done – Now What?
How Mental Shortcuts Lead to Misjudging
Judges don’t make decisions based on a thorough accounting of all the relevant and available information. Instead, like all of us, they rely on heuristics – simple mental shortcuts – to make decisions.
As many past articles have noted, heuristics often lead to good decisions, but they can also create cognitive blinders that produce systematic … Read How Mental Shortcuts Lead to Misjudging
Program on Negotiation Faculty On How To End the US Government Shutdown
The Washington Post’s “On Leadership” column by Jenna McGregor asked renowned negotiation experts on how the government shutdown in Washington, DC could be ended at the bargaining table.
Among the experts interviewed were Robert Mnookin, Chair of the Program on Negotiation at Harvard Law School (PON) and author of Bargaining With The Devil: When To Negotiate, … Read More
PON Chair Robert Mnookin Discusses the Stalemate Between President Obama and Congressional Republicans
Program on Negotiation Chair and “Bargaining with the Devil” author Robert Mnookin was recently asked by CNN Fortune’s Claire Zillman about the strategies that Obama could employ in bringing congressional Republicans to the bargaining table in order to end the three-day old government shutdown.
… Read More
Choosing When to Choose
When it comes to negotiation, the more choices on the table, the better your outcomes will be – right? Not necessarily. An excess of options can stand in the way off efficient agreements and, moreover, prevent you from being satisfied with the final result.
… Read Choosing When to Choose
Bring Long-Term Concerns to the Bargaining Table
It can be difficult to keep future concerns at the forefront of your company’s most important decisions. Fortunatly, research on intergenerational conflict has uncovered best practices for ensuring that you and your employees take the long view.
… Read Bring Long-Term Concerns to the Bargaining Table
International Negotiations: Threats at the Bargaining Table
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
Taking Alternative Dispute Resolution (ADR) Too Far
More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, … Read More
Negotiation Tips: A Value-Creation Checklist
By following these tips in your next negotiation, you’ll improve your chances of meeting everyone’s interests.
Before you sit down at the bargaining table, imagine a wide-range of options and packages, including some that may seem far-fetched.
When talks begin, remember that getting down to business too quickly can stand in the way of building trust.
Emphasize to … Read Negotiation Tips: A Value-Creation Checklist
Negotiating Two Steps Ahead of the ‘Fiscal Cliff’
Program on Negotiation and Harvard Business School professor Deepak Malhotra recently sat down with CNBC to discuss the fiscal cliff and how Democrats and Republicans can not only complete their current negotiation successfully, but also their future negotiations.
… Read Negotiating Two Steps Ahead of the ‘Fiscal Cliff’
Are You an Overconfident Negotiator?
In 1901, J.P. Morgan wanted to buy the Carnegie Steel Company from its founder, Andrew Carnegie.
Carnegie was 65 years old and considering retirement. As Harold C. Livesay recounts in his book Andrew Carnegie and the Rise of Big Business (Little, Brown, 1975), when Carnegie finally decided he was ready to sell, he jotted down his … Read Are You an Overconfident Negotiator?
Setting and Articulating the Goal: Great Negotiator Charlene Barshefsky Shares Her Negotiation Strategy with HLS Students
Great Negotiator Award winner and former United States trade representative (1997-2001) to Japan and China, Ambassador Charlene Barshefsky visited Harvard Law School to speak with students in HLS Clinical Professor Robert Bordone’s Advanced Negotiations Workshop course on October 3.
… Read More
A Value-Creation Checklist: Five Helpful Tips
By following these tips in your next negotiation, you’ll improve the chances of meeting everyone’s interests.
… Read A Value-Creation Checklist: Five Helpful Tips
Why You Should Question Your Agent’s “Objective” Advice in Business Negotiations
You’ve found a beautiful condo that you’d like to call your own. You conduct a thorough assessment of its value and identify several other appealing properties in the same neighborhood and price range. Believing you’ve found the magic bid, you phone your real-estate agent.
… Read More
Anchor Trials or Balloons in Conflict Resolution
The power of anchors in negotiation has been demonstrated time and again. Sellers who demand more tend to get more. Indeed, the initial asking price is usually the best predictor of the final agreement.
A trio of researchers may have found an important exception to this rule, however; lower starting numbers set by the seller in … Read Anchor Trials or Balloons in Conflict Resolution
A Worse Deal than You Think?
Most negotiators leave the bargaining table believing they were better at pushing the other side to its limit than was actually the case, according to recent experimental studies by Richard P. Larrick of Duke University and George Wu of the University of Chicago.
… Read A Worse Deal than You Think?
When Umbrella Agreements Spring Leaks in Dispute Resolution
Negotiators tend to want the best of both worlds. When reaching an agreement, they want to nail down parties’ respective rights and responsibilities, but they also want to retain the flexibility to deal with ever-changing business conditions.
One solution to this apparent dilemma is to craft umbrella, or framework, agreements. (The term umbrella is more commonly … Read More
When More is Less
It’s an article of faith in negotiation that expanding the pie of value enhances the parties’ welfare. When there’s only one issue on the bargaining table, the size of the pie is fixed. If one party gets more, the other party gets less. But when multiple issues exist, negotiators can expand the size of the … Read When More is Less
Taking ADR Too Far
More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, … Read Taking ADR Too Far
Leading Horses to Water
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 Leading Horses to Water
Accounting for Outsiders in Your Negotiations
If you’re in the middle of talks that seem to be going well, here’s a warning: consider the impact of the agreement on those who aren’t at the table, or suffer the consequences. That’s a lesson that Apple and some of the largest U.S. book publishers are currently learning the hard way.
On April 12, the … Read Accounting for Outsiders in Your Negotiations
Finally, A Win-Win Deal from Congress
To the surprise of many, Congress reached a bipartisan agreement on the 17th of February to extend payroll tax cuts and unemployment benefits. It was only the second time a House bill in the 112th Congress split roughly along party lines, according to the New York Times.
Largely regarded as a coup for Congressional Democrats, … Read Finally, A Win-Win Deal from Congress
Moving Forward in Mediation Together
The teacher’s federation has qualms with the current education bill’s stipulations regarding the scheduling and terms for mediation between the federation and provincial government. The government is open to further negotiations, but refuses to offer more money. Susan Lambert, president of the British Columbia Teacher’s Federation, asserts that the government is acting in bad faith, … Read Moving Forward in Mediation Together
When Others are Counting on You
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 When Others are Counting on You
Dealing with emotions during tough economic times
A major measure of the economy is the prevailing mood. A bleak job market and less-than-rosy economic outlook influence how we feel in an organization. Tighter budgets and increased layoffs are causes for concern, and many of us respond with “fight or flight” behavior. We defend our turf or avoid tense conversations in the hopes … Read Dealing with emotions during tough economic times
Have you negotiated the authority you need?
Adapted from “Great Deal—But How Will It Play at the Office?” by Jeswald W. Salacuse (professor, Tufts University), first published in the Negotiation newsletter, October 2006.
To close any deal, you not only have to reach agreement with the other side but also convince your own organization of the deal’s value. In fact, you may … Read Have you negotiated the authority you need?
When advice to negotiators is wasted
Adapted from “Is Giving Advice a Waste of Time?” first published in the Negotiation newsletter, July 2007.
It’s the end of the week, and you’re trying to crank out an important report. A colleague slips into your office. “Do you have a couple of minutes?” he asks. “I need your advice on a negotiation that’s falling … Read When advice to negotiators is wasted
Bringing Mediators to the Bargaining Table
Adapted from “Mediation in Transactional Negotiation,” first published in the Negotiation newsletter, July 2004.
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining bogs down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multidoor courthouses encourage litigants to mediate before incurring the costs—and risks—of going to trial.
Scott … Read Bringing Mediators to the Bargaining Table
Negotiating for the Long Haul
Adapted from “Take the Long View,” by Kimberly A. Wade-Benzoni (professor, Duke University), first published in the Negotiation newsletter, April 2006.
Negotiators often overlook the long-term consequences of various issues on the table. Amid the pressures to meet short-term financial targets, it’s difficult to remember that the effects of managerial decisions may be felt years, even … Read Negotiating for the Long Haul
Did You Really Get a Great Deal?
Adapted from “A Worse Deal Than You Think?” First published in the Negotiation newsletter, August 2006.
Most negotiators leave the bargaining table believing they were better at pushing the other side to its limit than was actually the case, according to experimental studies by Richard P. Larrick of Duke University and George Wu of the University … Read Did You Really Get a Great Deal?
Reducing Negotiation Stress
Adapted from “Poise under Pressure: The Well-Balanced Negotiator,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter, December 2006.
Too many people overlook the fact that negotiation is a demanding physical act. They cram for negotiations, pulling all-nighters in an attempt to master each and every detail—only to become irritable and fuzzy … Read Reducing Negotiation Stress
Learning from Negotiation Training
Adapted from “Putting Negotiation Training to Work,” by Max H. Bazerman (professor, Harvard Business School), first published in the Negotiation newsletter.
Many executives read books and newsletters to improve their negotiating skills. Many also take time out of their busy work lives to attend classes and training programs, including ones focused on negotiation. Their teachers pass … Read Learning from Negotiation Training
When Negotiators Act Like Parasites
Adapted from “Creating Values, Weighing Values,” by Max H. Bazerman (professor, Harvard Business School), first published in the Negotiation newsletter.
In April 2001, the FTC filed a complaint accusing pharmaceutical companies Schering-Plough and Upsher-Smith of restricting trade. Upsher-Smith had been preparing to introduce a generic pharmaceutical product that would threaten a near monopoly held by Schering-Plough. … Read When Negotiators Act Like Parasites
Don’t get Lost in Translation
Adapted from “Coping with Culture at the Bargaining Table,” first published in the Negotiation newsletter.
As if intercultural negotiations weren’t complicated enough, you may find yourself facing a language barrier. Whenever one party doesn’t speak the other party’s language well, you should consider hiring a translator (or one for each language, if necessary).
The presence of translators … Read Don’t get Lost in Translation
When Two Cultures are Better Than One
Adapted from “Coping with Culture at the Bargaining Table,” first published in the Negotiation newsletter.
Do you have firsthand experience navigating two cultures? Have you lived abroad for a significant period of time? Are you an immigrant, or were you raised by immigrants?
If you are “bicultural,” you may be an especially adept negotiator, research suggests. Researchers … Read When Two Cultures are Better Than One
How to Get to the Table
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 How to Get to the Table
Avoid the Green-eyed Monster
Adapted from “Negotiating with the Green-eyed Monster,” first published in the Negotiation newsletter.
Envy can cause us to engage in deception at the bargaining table. That’s the cautionary finding of research by Simone Moran of Ben-Gurion University in Israel and Maurice E. Schweitzer of the Wharton School at the University of Pennsylvania.
Why might negotiators be more … Read Avoid the Green-eyed Monster
Who’s Looking Over Your Shoulder?
Adapted from “Onlooker Alert!” First published in the Negotiation newsletter.
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 … Read Who’s Looking Over Your Shoulder?
The Regretful Negotiator
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 The Regretful Negotiator
The Power of Schadenfreude
Adapted from “Negotiating with the Green-eyed Monster,” first published in the Negotiation newsletter.
Envy can cause us to engage in deception at the bargaining table. That’s the cautionary finding of recent research by Simone Moran of Ben-Gurion University in Israel and Maurice E. Schweitzer of the Wharton School at the University of Pennsylvania.
In one experiment, Israeli … Read The Power of Schadenfreude
Everyday Ingenuity
Adapted from the Negotiation newsletter.
Negotiation expert Roger Fisher sagely counsels, “Solutions are not the answer.” Instead of tossing demands back and forth on their way to an outcome, negotiators should focus on the process of exploring their underlying needs and interests. Get the process right, and practical solutions often follow.
But process still depends on the … Read Everyday Ingenuity
Change the Trust Default
Adapted from “How to Build Trust at the Bargaining Table,” first published in the Negotiation newsletter.
Carol’s longtime doctor diagnoses her with a serious illness and recommends immediate, aggressive treatment. Carol would like to seek a second opinion, but she doesn’t want to offend her doctor—who, after all, has always provided her with excellent care. Carol … Read Change the Trust Default
Culture and Communication
Adapted from “Cultural Notes,” first published in the Negotiation newsletter.
As members of organizations and families, we all know from experience that even people with identical backgrounds can have vastly differing negotiating styles and values. Nonetheless, we continue to be intrigued by the idea that distinct patterns emerge between negotiators from different cultures.
Researchers do confirm a … Read Culture and Communication
Pull Ahead of the Pack
Adapted from “Think You’re Powerless? Think Again,” first published in the Negotiation newsletter.
If your organization regularly bids for business, you may be accustomed to feeling like the weaker party, write Deepak Malhotra and Max H. Bazerman in their book Negotiation Genius: How to Overcome Obstacles and Achieve Brilliant Results at the Bargaining Table and Beyond … Read Pull Ahead of the Pack
Learn More From Your Deals
Adapted from “Learning to Learn,” first published in the Negotiation newsletter.
Learning about a concept or technique is one thing. Actually putting new knowledge to work is quite another. The gap between “knowing” and “doing” is a challenge for managers who want to hone their effectiveness, whether through formal training or private reflection on their experience.
Recent … Read Learn More From Your Deals
Are Your Talks too Complex?
Adapted from “When More Is Less,” first published in the Negotiation newsletter.
It’s an article of faith in negotiation that expanding the pie of value enhances parties’ welfare. When there’s only one issue on the bargaining table, the size of the pie is fixed. If one party gets more, the other party must get less. But … Read Are Your Talks too Complex?
Should You Ignore a Threat
Adapted from “Threat Response at the Bargaining Table,” first published in the Negotiation newsletter.
Consider how you would respond to threats and ultimatums such as these during a negotiation:
• “If you try to back out, you’ll never work in this industry again.”
• “Give us what we want, or we’ll see you in court.”
• “That’s our final … Read Should You Ignore a Threat
Find Strength in Numbers
Adapted from “Make Your Weak Position Strong,” by Deepak Malhotra (professor, Harvard Business School), first published in the Negotiation newsletter.
A common complaint among managers and executives who attend negotiation courses and seminars is that they don’t learn enough about negotiating from a position of weakness. What can you do when you have a weak BATNA, … Read Find Strength in Numbers
Caveat Emptor?
Adapted from “Fair Enough? An Ethical Fitness Quiz for Negotiators,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter.
Imagine that you bought a rustic cabin at its asking price. Now flash-forward a few years. You’ve enjoyed the place immensely but just learned that a motorcycle racetrack will be up and running … Read Caveat Emptor?
Choose Your Words
Adapted from “Metaphorical Negotiation,” first published in the Negotiation newsletter.
Negotiators talk about building agreement, bluffing the opposition, and volleying offers back and forth. According to mediator Thomas Smith, careful attention to such metaphors can reveal deeper meaning beneath the explicit words that people use, notably regarding how they view the negotiation process and their relationship … Read Choose Your Words
Keeping Your Options Alive
Adapted from “Better or Best: Keeping Your Options Open,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter.
Jim, a well-regarded residential developer operating outside Philadelphia, has been scouting around for a site for his next project. Two properties seem promising. The Abbott estate consists of 75 acres of woodlands and some … Read Keeping Your Options Alive
Questioning threats
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 Questioning threats
Teams across cultures
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 Teams across cultures
Dropping anchors
Adapted from “Anchors or Trial Balloons?”, first published in the Negotiation newsletter.
The power of anchors in negotiation has been demonstrated time and again. Sellers who demand more tend to get more. Indeed, the initial asking price is usually the best predictor of the final agreement.
A trio of researchers may have found an important exception … Read Dropping anchors
Make more out of less
Adapted from “When More Is Less,” first published in the Negotiation newsletter.
It’s an article of faith in negotiation that expanding the pie of value enhances parties’ welfare. When there’s only one issue on the bargaining table, the size of the pie is fixed. If one party gets more, the other party must get less. But … Read Make more out of less
When We Expect Too Much
How often have you heard a friend or colleague refer to a contract as being “in the bag,” only to find out later that the deal didn’t go through? There always turns out to be a good reason a negotiation fell apart. Yet the fact remains that most negotiators are overconfident about their chances of … Read When We Expect Too Much
Should You Trust Your Agent?
You’ve found a beautiful condo that you’d like to call your own. You conduct a thorough assess¬ment of its value and identify several other ap¬pealing properties in the same neighborhood and price range. Believing you’ve found the magic bid, you phone your real-estate agent.
… Read Should You Trust Your Agent?
Are you afraid of commitment?
Adapted from “Overcoming Stage Fright: How to Prepare for a Negotiation,” by Michael Wheeler (Professor, Harvard Business School), first published in the Negotiation newsletter.
Many negotiators grow anxious as they approach the bargaining table, a reaction that puts them in good company with other distinguished professionals. Laurence Olivier’s stage fright almost ended his acting … Read Are you afraid of commitment?
Learning from the Soda Wars
This past November, in an unusual move, Costco, the largest wholesale club in the United States, removed Coca-Cola products from its shelves and posted messages telling shoppers that Coke products would not be available until the company lowered its prices.
… Read Learning from the Soda Wars
Making the first move
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 Making the first move
The upside of threats
Negotiation researchers have long studied how to use “carrots”-promises of mutual gains-to induce agreement. Less attention has been given to “sticks,” specifically, the effectiveness of threats.
Threats often have a negative connotation-understandably so, as they’ve often been associated with offers that can’t be refused or, in some cases, warnings of annihilation. But sometimes threats are justified. … Read The upside of threats
Negotiating Without Conditions
Adapted from “Without Conditions: The Case for Negotiating With the Enemy” by Deepak Malhotra. is Associate Professor at Harvard Business School and a co-author of Negotiation Genius: How to Overcome Obstacles and Achieve Brilliant Results at the Bargaining Table and Beyond.
For the full article, visit Foreign Affairs.
Diplomacy appears ready to make a comeback. The … Read Negotiating Without Conditions
Negotiate how you’ll negotiate
Adapted from “Have You Negotiated How You’ll Negotiate?” by Robert C. Bordone, Professor, and Gillien S. Todd, Lecturer, Harvard Law School.
Breakdowns in negotiation are common. In the face of impasse at the bargaining table, managers are quick to blame either the challenges of the issues being negotiated or the hard-line tactics of the opposing parties. … Read Negotiate how you’ll negotiate
Dealing with choice overload
When it comes to offering and considering choices in a negotiation, the more the better, right? In fact, the presence of too many options may actually hamper people from coming to any agreement.
A study from the decision-making realm supports this conclusion. Draeger’s Market in Menlo Park, Calif., is renowned for its wide selection of gourmet … Read Dealing with choice overload
Be sure to give at the office
Reciprocation tactics are tried and true. Politicians “logroll” votes on pet projects, companies offer free product samples to consumers, and charitable organizations include small gifts when soliciting donations. According to the norm of reciprocity, if you’re nice to me, I’ll be nice in return, and vice versa.
In the realm of negotiation, you can gain many … Read Be sure to give at the office
Coping with cultural differences
Have you ever found yourself negotiating with people from other cultures, whether at home or abroad? If so, did you try to adapt your negotiating style to fit the other person or team’s culture, and if so, how?
Most negotiators understand that cultural differences are likely to be a factor in negotiations. Unfortunately, many negotiators actually … Read Coping with cultural differences
Why We Strike
What happens when disputants feel like they have invested too much in a conflict to back down?
There are a number of reasons that negotiations fail and lead to protracted strikes, often to the detriment of both parties.
Both sides frequently believe that their case is stronger due to overconfidence. If one side doubts the other’s claims … Read Why We Strike
Elegant Solutions in Business Negotiations
You’re facing business negotiations with the goliath in your industry. What’s your choice? Take what little the other side offers or be squeezed out of the market entirely?
… Read Elegant Solutions in Business Negotiations