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

Bargaining or haggling is a type of negotiation in which the buyer and seller of a good or service dispute the price which will be paid and the exact nature of the transaction that will take place, and eventually come to an agreement. Bargaining is an alternative pricing strategy to fixed prices. Optimally, if it costs the retailer nothing to engage and allow bargaining, he can divine the buyer’s willingness to spend. It allows for capturing more consumer surplus as it allows price discrimination, a process whereby a seller can charge a higher price to one buyer who is more eager (by being richer or more desperate). Haggling has largely disappeared in parts of the world where the cost to haggle exceeds the gain to retailers for most common retail items. However, for expensive goods sold to uninformed buyers such as automobiles, bargaining can remain commonplace.

The following items are tagged bargaining

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When a Job Offer is “Nonnegotiable”

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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 More 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

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Solar Power

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Georg Berkel Two-party, one-issue distributive negotiation about the acquisition of a renewable energy firm … Read More 

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Negotiation and Leadership Fall 2017 Brochure

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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 

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Courses and Training

Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – November 13-15, 2017

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Strictly limited to 60 participants who have completed a prior course in negotiation, this first-of-its-kind program offers unprecedented access to experts from Harvard Law School, Harvard Business School, and the Massachusetts Institute of Technology—all of whom are committed to delivering a transformational learning experience. By working closely with them, you will: … Read More 

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Collective Bargaining at Central Division

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Lawrence Susskind, Charles Hecksher, and Elaine Landry Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a telephone company; includes an internal team meeting before external negotiations … Read More 

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Spring 2017 Brochure

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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 

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What an Operatic Role-Play Simulation Can Teach You About Negotiation

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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 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

Negotiation and Leadership Dealing With Difficult People and Problems Fall: December 5-7, 2016 Spring: April 18-20, 2017 | May 15-17, 2017 | June 19-21 2017

Become a More Effective Negotiator Great leaders are great negotiators. By equipping you with the innovative negotiation strategies you need to excel at the bargaining table, Negotiation and Leadership will help you:

Improve working relationships and resolve seemingly … Read More 

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John & Mary

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James Lawrence Five- or six-person mediation between manufacturing company management and a former employee (and their respective counsel) regarding the employee’s departure amid allegations of sexual harassment; optional extra role for manager accused of harassment … Read More 

Free Report

NEW FREE REPORT! Salary Negotiations

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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. … Read More 

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Why First Impressions Matter in Negotiation

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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 More 

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Bargaining With the Devil: When to Negotiate and When to Walk Away

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In today’s world, the Devil has many faces—terrorist, kidnapper, suicide bomber, even the head of a rogue nation—and we rely on our nation’s leaders to make the appropriate decisions on coping with the threats these Devils pose. There are Devils, too, in our own lives. They may appear in corporate as well as private disputes. … Read More 

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Canada-China Panda Acquisition Negotiation

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Stephen Weiss Two-team (6 person), multi-issue contract negotiation between Canadian zoo CEOs and representatives of Chinese organization responsible for giant panda loans … Read More 

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Fall 2016 Brochure

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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 

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How to Negotiate a Business Deal

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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 More 

Courses and Training

Mediating Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 5-9, 2017 The success of any mediation is predicated on the skills of the mediator. In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate … Read More 

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Negotiating About Pandas for San Diego Zoo

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

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Spring 2016 Seminar Program Guide

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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 

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How to Negotiate Online

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how to overcome cultural barriers to communication how to negotiate online

International negotiators are often faced with the problem of how to overcome cultural barriers to communication. When you communicate in person, social norms – including body language, manners, and physical appearance – guide your behavior and ease the process. … Read More 

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Negotiation Workshop: Improving Your Negotiating Effectiveness

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Course Dates: June 5-9, 2017 Too many negotiators leave value on the table. They painfully divide a small pie after a costly battle while failing to capture offsetting opportunities for joint gain, or win the battle, but at the cost to relationships and reputation that limit long-term value. Reliably negotiating optimal outcomes requires a keen appreciation … Read More 

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Negotiation Workshop: Strategies, Tools, and Skills for Success

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 12-16, 2017 Turn disputes into deals. Transform deals into better deals. Resolve intractable problems. Negotiating effectively requires the ability to change the game – moving away from conflict and toward collaboration. In this intensive, interactive program, you acquire a proven framework for maximizing the value of your negotiation. … Read More 

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The Negotiation Process in China

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negotiation process

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 More 

Courses and Training

New! Advanced Mediation Workshop: Mediating Complex Disputes

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Course Dates: June 12-16, 2017 You’ve handled numerous mediation sessions with ease. You are confident in your mediation skills, especially between two parties who want a fair resolution. But how do the dynamics change when their lawyers join the session? What happens when the mediation expands to multiple parties who are bringing many issues to the … Read More 

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Courses and Training

Mediating Disputes – Fall 2017

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: TBA In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate disputes across a variety of contexts. This program will provide you with core mediation skills … Read More 

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Resolving Environmental Regulatory Disputes

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Rules and regulations set by government agencies are meant to protect the environment, but they often impose hardships on the very companies and communities they are designed to protect. These groups then seek to minimize the losses through long and costly litigation. In this volume, professors Susskind, Bacow and Wheeler offer an alternative to expensive and … Read More 

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The New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation

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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 

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MESO Negotiation Strategies and Negotiation Techniques

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negotiation strategies and negotiation techniques meso negotiation

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 

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Rational Games A Philosophy of Business Negotiation from Practical Reason

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When two rational players face off in a business negotiation, why do they settle for less than each of them could and should get? Each pursues his or her interests as theory dictates, but often the result is less than optimal. Young proposes that the root of the problem lies in the philosophical assumptions underlying … Read More 

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Dealing with Difficult People

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

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Dealmaking Negotiations – Writing the Negotiated Agreement

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negotiated agreements and dealmaking negotiations - 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 More 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

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Free Report

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Negotiation Strategies for Mutual Gain

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This volume is a collection of essays which present key concepts and strategies intended to promote effective negotiation and mutually beneficial dispute resolution. This book is for people in all fields who need to deal with conflict and resolve issues on a continual basis. The book assumes that conflicts, managed well, can provide the impetus … Read More 

Free Report

Harborco: Role-Play Simulation

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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 More 

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What is Anchoring in Negotiation?

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What is anchoring in negotiation, and how does it play out? Consider this anchoring bias example from Harvard Business School and Harvard Law School Guhan Subramanian. While running a negotiation simulation in one of his classes, Subramanian noticed that one student spent a considerable amount of time explaining why $10.69 per hour would be an impossible … Read More 

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Manager as Negotiator (The)Bargaining for Cooperation and Competitive Gain

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This fine blend of Harvard scholarship and seasoned judgment is really two books in one. The first develops a sophisticated approach to negotiation for executives, attorneys, diplomats – indeed, for anyone who bargains or studies its challenges. The second offers a new and compelling vision of the successful manager: as a strong, often subtle negotiator, … Read More 

Free Report

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Integrative Negotiation Examples: MESOs and Expanding the Pie

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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 

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Making Global DealsWhat Every Executive Should Know About Negotiating Abroad

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Picking up where other negotiation books leave off, this practical, incisive handbook shows executives, lawyers, and government officials how to survive and thrive in today’s highly competitive international marketplace. Making Global Deals explains how to overcome the obstacles-the instability of the international marketplace and differences in culture, ideology, law, politics, and currencies-and come out on top … Read More 

Free Report

Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts

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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 your … Read More 

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Hidden Conflict in Organizations Uncovering Behind-the-Scenes Disputes

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Conflict is a persistent fact of organizational life. Much of it, however, rarely becomes public and instead is expressed `behind the scenes’ in such forms as avoidance, toleration, gossip and vengeance. This book is a collection of essays written by scholars and practitioners in the fields of organizational psychology and conflict management including John Van … Read More 

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Essential Negotiation Skills: Limiting Cognitive Bias in Negotiation Scenarios

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Essential Negotiation Skills: Limiting Cognitive Bias in Negotiation Scenarios

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 negotiations. 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 

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Everyday Negotiation Navigating the Hidden Agendas in Bargaining

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Originally titled The Shadow Negotiation — and named by Harvard Business Review as one of the Ten Best Books of the Year — this best-selling book illustrates effective ways to master the hidden agendas that determine bargaining success. Everyday Negotiation provides insight into ways of recognizing the shadow negotiation — where unspoken attitudes, hidden assumptions, and … Read More 

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Dividing the Child Social and Legal Dilemmas of Custody

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Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin consider these questions and their ramifications for society. This book examines the social and legal realities of how divorcing parents make … Read More 

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Sally Soprano: Role-Play Simulation

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

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The Importance of Communication in Negotiations: Preparing Your Negotiating Team

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The Importance of Communication in Negotiations: Preparing Your Negotiating Team

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 

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Art & Science of Negotiation (The)

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Howard Raiffa Winner of the 1985 Leo Melamed Prize of the Journal of Business for the most significant published work by a faculty member in a school of business in the preceding two years. … Read More 

Free Report

Training Women to Be Leaders: Negotiating Skills for Success

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In this Special Report, we offer advice selected from the Negotiation newsletter 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 … Read More 

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Why is Negotiation Important: Mediation in Transactional Negotiations

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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 

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3-D Negotiation

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David Lax & James Sebenius A path-breaking introduction to the “three dimensions” of complex negotiated deal-making: table tactics, deal design, and the crucial but often overlooked dimension of setup … Read More 

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A Crisis Negotiations Case Study: Chen Guangcheng, the United States, China, and Diplomatic Negotiations

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A Crisis Negotiations Case Study: Chen Guangcheng, the United States, China, and Diplomatic Negotiations

US Secretary of State Hillary Clinton’s indirect approach to diplomatic negotiations with the People’s Republic of China over political dissdent Chen Guangcheng demonstrates the power of adaptability at the bargaining table, especially when dealing with a counterpart from a different culture or who may speak a different language. … Read More 

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Bargaining with the Devil

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Robert Mnookin offers practical advice for the most challenging conflicts — when you are facing an adversary you don’t trust, who may harm you, or who you may even feel is evil. … Read More 

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3 Negotiation Strategies for Conflict Resolution

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3 Strategies for Conflict Resolution

When a dispute flares up, 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 More 

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Video: Setting the Stage for Productive Negotiations

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productive negotiations

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

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Williams Medical Center

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Eileen Babbitt and Lawrence Susskind Five-party negotiation among representatives of pharmacists, physicians, nurses, and administrators to develop recommended changes to the drug prescription policy of a large metropolitan teaching hospital … Read More 

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Welding Connection

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Marjorie Corman Aaron and Jim Lawrence Four-person grievance mediation among counsel for a welding company, a union representative, and a discharged employee over the legitimacy of the discharge, which was based on a positive drug test … Read More 

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Water on the West Bank

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Susan Podziba and Lawrence Susskind Seven-person, four-issue mediation among three Israeli water authority and regional representatives and three Palestinian water authority and political representatives over plans to drill a new well on the West Bank … Read More 

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Arbitration vs Mediation: How Negotiators Can Effectively Use Alternative Dispute Resolution (ADR)

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arbitration vs mediation and the conflict resolution process in alternative dispute resolution

Arbitration, mediation, and the dispute resolution process – how negotiators can effectively use alternative dispute resolution (ADR), conflict management and conflict resolution techniques to resolve disputes, repair relationships, and find opportunities for value creation at the bargaining table. It’s often the case that when two people or organizations try to resolve a dispute by determining who … Read More 

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Theotis Wiley

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

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Tendley Contract

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

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Win Win Negotiation Example: Different Cultures, Shared Meals

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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 

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State v. Huntley

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Timothy Reiser Two-party criminal plea bargain negotiation between a prosecutor and a public defender for a man charged with aggravated rape … Read More 

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The Opposite of Autocratic Leadership Styles

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advantages and disadvantages of leadership styles the opposite of autocratic leadership

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 More 

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Salary Negotiation

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Aleza Spalter Two-party negotiation between a supervisor and employee over a possible salary raise in the context of mixed job performance … Read More 

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Emotional Intelligence as a Negotiating Skill

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successful negotiation examples emotional intelligence as a negotiating skill and negotiation tactic

The concept of emotional intelligence burst into the cultural imagination in 1995 with the publication of psychologist Daniel Goleman’s bestselling book of the same name. Experts have predicted that scoring high on this personality trait would boost one’s bargaining outcomes and have found many successful negotiation examples using emotional intelligence in their research. … Read More 

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Ocean Splash

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The Consensus Building Institute, Inc. Two-party, two-issue scoreable negotiation between a charity and a corporate sponsor regarding the number and placement of advertising banners at a fundraising walk … Read More 

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Conflict and Negotiation Case Study: The Pitfalls of Negotiations Over Email

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conflict resolution online 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 More 

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New Crimea Prison Overcrowding Simulation

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Susan Podziba and Lawrence Susskind Eight-party, multi-issue negotiation among prison administrators, government leaders, criminal justice advocates, and prisoners’ rights advocates to develop recommendations for a comprehensive state policy to alleviate prison overcrowding … Read More 

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Negotiated Development in Redstone

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Lawrence Susskind and John Forester Two-party, two-issue scoreable negotiation between a developer and a neighborhood association representative regarding the development terms of a new condominium project … Read More 

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Mountain View Farm

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Roger Fisher and Andrew Clarkson Two-party, multi-issue integrative negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor’s land … Read More 

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Meridia and Petrocentram

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Abram Chayes and Antonia Handler Chayes Two-party, four-issue negotiation between representatives of a Central American country and an international petroleum corporation over the terms of an offshore drilling project … Read More 

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For Price Negotiators, Preparation is the Key to Success

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For Price Negotiators Preparation is the Key to Success

Some cultures have a long tradition of haggling—bargaining back and forth about the price of an item—in markets and bazaars. By contrast, in the United States and many other countries, haggling between buyers and sellers is an under-practiced skill. You might routinely pass up opportunities to haggle in situations where financial negotiations are not the … Read More 

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MC Metals

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Dan Delisi, under the supervision of Lawrence Susskind and Paul Levy Six-person integrative negotiation among representatives of manufacturing company, occupational safety agency, union, local fire department, and local technical expert to settle claims of safety violations that allegedly caused two employee deaths … Read More 

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Negotiation Examples: The Benefits of Coalitions at the Bargaining Table

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integrative negotiation examples the benefits of coalitions in bargaining

Labor unions may be the most obvious example of a negotiating coalition. 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 

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MAPO – Administration Negotiation

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Mark Gordon, Elizabeth Gray, Tim Rieser, and Lynn Gerber Two-team, multi-issue collective bargaining negotiation between three police union representatives and three municipal representatives over police salaries, benefits, and working conditions … Read More 

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Negotiating with Millennials – How to Overcome Cultural Differences in Communication

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how to overcome cultural differences in communication - negotiating with the next generation

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. … Read More 

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Lattitude.com

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Melissa Manwaring Two-party distributive e-mail negotiation regarding the potential sale of a domain name … Read More 

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Lake Wasota Fishing Rights

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Denise Madigan, Tod Loofbourrow with teaching notes by Eileen Babbitt and Lawrence Susskind Six-party, six-issue, scoreable negotiation among representatives of tribal, state, federal, recreation, and business interests over fishing rights in a large lake … Read More 

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Hong Kong Property Deal

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Larry Crump, based on a concept developed by Lawrence Susskind Two-party potentially integrative negotiation between a property owner and a neighboring business over the sale of two real estate parcels … Read More 

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Developing Negotiation Skills and Negotiation Techniques for Integrative Negotiations – Does Personality Matter?

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developing negotiation skills and negotiation techniques 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 

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George and Martha

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Two-party integrative negotiation between representatives for a divorcing couple over the amount of child support payments … Read More 

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GE International Contract

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Duncan MacLaren; adapted from The Tendley Contract Two-party potentially integrative contract negotiation between representatives of a large corporation and a consulting firm over very different expectations of the cost of services … Read More 

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Fie’s Agent

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Jeremy Bird under the supervision of Melissa Manwaring Two-party integrative e-mail negotiation between a soccer star and her long-term representative over the terms of a potential new agency contract … Read More 

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Development on Bay Island

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Rafael Montalvo and Bruce Stiftel Two-party distributive negotiation between a developer and a city representative over the amount of money the developer will pay the city to defray costs associated with development … Read More 

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Development Dispute at Menehune Bay

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Lawrence Susskind, Thomas Dinell, and Vicki Shook Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii … Read More 

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Negotiation Ethics: Dealing with Deception at the Bargaining Table

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Negotiation Ethics: Dealing with Deception at the Bargaining Table

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

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Contract Negotiations in the Building Trades

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Lawrence Susskind Nine-party, multi-issue contract negotiation among three coalitions involved in the building trades; includes internal coalition meetings before the external negotiations … Read More 

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Commonwealth v. McGorty

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Robert C. Bordone and Jeremy McClane Four-person integrative plea bargain negotiation between two prosecutors, a public defender, and an alleged assailant … Read More 

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Carter Estate Problem, The

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Mark Drooks, Andrew Tavel, Kenneth Hyatt, Mark Gordon, and Bruce Patton Two-party, multi-issue integrative negotiation between brothers over the settlement of their father’s estate … Read More 

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Best-In-Class Negotiation Case Studies

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Best-In-Class Negotiation Case Studies

What’s one of the best ways to teach the art and science of negotiation? Case studies and articles that spark lively discussion or facilitate self-reflection. Based on real-world examples, these teaching resources are designed to help students envision how to apply what they’ve learned in the classroom and beyond. The Teaching Negotiation Resource Center (TNRC) at … Read More 

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Cape Development Case

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Two-party real estate negotiation between a developer and a representative of the owner of a parcel surrounded by the developer’s land, over the future of both parcels … Read More 

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5 Good Negotiation Techniques

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Use Integrative Negotiation Strategies to Create Value at the Bargaining Table

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

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Broken Benches

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Author(s): Marjorie Corman Aaron and JAMS/Endispute Four-person mediation and/or arbitration of a personal injury claim, among plaintiff, plaintiff’s lawyer, and counsel for defendant’s insurance company; arbitrator roles include possible plaintiff or defense bias … Read More 

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Powerful Conflict Resolution Games to Help You Teach Negotiation

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Powerful Conflict Resolution Games to Help You Teach Negotiation

From complicated negotiation strategies to artful subterfuge, conflict resolution games are one of the very best ways to prepare for the challenges of real-world negotiation. Games that employ a Prisoner’s Dilemma structure (where rational parties may not cooperate despite their best interests) enable participants to analyze negotiations, make strategic decisions, and anticipate their counterpart’s next … Read More 

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Bradford Development

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

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Brachton Collective Bargaining Exercise

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Two-team, multi-issue employment contract negotiation between three teachers’ union representatives and three school committee representatives; includes internal team meetings before external negotiations … Read More 

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Book Contract, The

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Two-party, single-issue distributive negotiation between a publisher and a literary agent over the advance payment for the agent’s unpublished but very promising client … Read More 

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The Star Wars Negotiations and Trust at the Negotiation Table

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what is negotiation in business 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 

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Arms Control on Cobia

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P. Terrance Hopmann Multi-issue arms control negotiation among representatives of eight fictional countries … Read More 

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Building Coalitions: Apple and the Art of Persuasion

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definition of negotiation the art of persuasion apple and effective framing

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. … Read More 

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Appleton vs. Baker

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Lawrence Susskind Two-party, single-issue distributive negotiation between principals regarding a potential real estate sale … Read More 

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Learning From Negotiation Role-Plays

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Learning From Negotiation Role-Plays

It’s a familiar practice in negotiation training: Students are divided up and assigned to engage in role-play exercises known as simulations. Each person reads confidential information about her role, the two (or more) players get together and negotiate, and then the class reconvenes to debrief the experiences. Simulation took root as a common method for teaching … Read More 

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Ad Sales, Inc.

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Lawrence Susskind Six-party, multi-issue contract negotiation between management and union members of a publishing firm … Read More 

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Conflict Management and Negotiation: Personality and Individual Differences That Matter

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Although Elfenbein and her colleagues did find that negotiators performed at a similar level from one negotiation to the next, to their surprise, these scores were only minimally related to specific personality traits. And traits that are basically unchangeable, such as gender, ethnic background, and physical attractiveness, were not closely connected to people’s scores. A small … Read More 

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Jefferson Hazardous Waste Negotiation

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Vicki Arroyo and Lawrence Susskind Eight-party, five-issue negotiation among community, environmental, business, and government interests over the formulation of a statewide hazardous waste siting policy … Read More 

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Negotiation Topics in Business: Make a Bump Plan

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negotiation topics in business and negotiation strategy 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 More 

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67 Fish Pond Lane

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Elizabeth Gray, Mark Gordon and Bruce Patton Two-party distributive and potentially integrative negotiation between principals over the sale of a house … Read More 

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Winner’s Curse: Negotiation Mistakes to Avoid

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Winner’s Curse : Negotiation Mistakes to Avoid

Imagine that at the beginning of class, a professor produces a jar full of coins and announces that he is auctioning it off. Students can write down a bid, he explains, and the highest bidder wins the contents of the jar in exchange for his or her bid. … Read More 

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Sally Soprano I

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Norbert Jacker and Mark Gordon Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production … Read More 

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How to Overcome Cultural Barriers at the Negotiation Table

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How to Overcome Cultural Barriers at the Negotiation Table

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 More 

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Bentley Convertible

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Roger Fisher and Bruce Patton Two-party distributive negotiation over the sale of a rare automobile … Read More 

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The Importance of Power in Negotiations: Taylor Swift Shakes it Off

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The Importance of Power in Negotiations: Taylor Swift Shakes it Off

In negotiation, our success often hinges on our bargaining power—which in turn can depend on forces beyond our control. That truism was highlighted in two recent disputes arising from business negotiations over the pricing of copyrighted material in the digital era, one from the music world, the other from publishing. … Read More 

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Negotiation Journal

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The Negotiation Journal is a multidisciplinary international journal devoted to the publication of works that advance the theory, analysis, practice, and instruction of negotiation and dispute resolution. … Read More 

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Putting Your Negotiated Agreement Into Action

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negotiation examples in business implementing your negotiated agreement

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 More 

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Salary Negotiation: How to Ask for a Higher Salary

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salary negotiation skills at the bargaining table how to ask for more in wage negotiations

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 

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What Leads to Renegotiation?

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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 More 

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International Negotiations and Agenda Setting: Controlling the Flow of the Negotiation Process

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international negotiations and agenda setting

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. Think of a labor union that wants to convince company management to agree to pay increases. In such cases, the … Read More 

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Navigating Business Relationships Using Negotiation

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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. … Read More 

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Cognitive Biases in Negotiation and Conflict Resolution – Common Negotiation Mistakes

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cognitive biases in negotiation and conflict resolution - common negotiation mistakes

Negotiators planning to engage in conflict resolution in a personal or business disputes should be aware of cognitive biases in negotiation, particularly when your dispute is being decided by a judge. Before doing so, you should consider carefully what psychologists, political scientists, and legal scholars have learned about judges from negotiation research and social science: … Read More 

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Dealmaking: Don’t Wait for Them to Blink

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dealmaking

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 More 

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A Discussion with Frank Sander about the Multi-Door Courthouse Concept

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A Discussion with Frank Sander about 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 More 

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An Example of the Anchoring Effect – What to Share in Negotiation

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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). Share too much, and the other side might conclude that you’re desperate to make a deal, any deal. … Read More 

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How to Negotiate in Good Faith

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Have you ever negotiated with someone who seemed intent on sabotaging the negotiation or taking unfair advantage? If so, you would benefit from learning more about what it mean to negotiate in good faith. … Read More 

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Dealmaking: Dealing with the Other Side’s Constituents

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Dealmaking: Dealing with the Other Side's Constituents

During a meeting with a potential customer, a new salesperson leaves the room several times to make phone calls. Each time when she returns, she tells the customer she can’t accept the terms they just negotiated. Exasperated by her apparent lack of authority, the customer ends the meeting abruptly. … Read More 

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Union Strikes and Dispute Resolution Strategies

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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 More 

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

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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 

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Overcoming Cultural Barriers to a Negotiated Agreement: Negotiation Ethics and International Negotiations

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cross cultural negotiation example negotiation ethics and culture

Cross cultural negotiation examples provide insights into how negotiation techniques change depending on the context in which negotiators find themselves. As Professor Cheryl Rivers of Queensland University of Technology in Brisbane, Australia, points out in a recent negotiation research literature review, seasoned negotiators often hear stories about the unethical behaviors of people of other nationalities. … Read More 

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How to Find the Zone of Possible Agreement (ZOPA) Between Friends

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zone of possible agreement

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. … Read More 

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Negotiation Techniques: How to Predict a Negotiator’s Decisions

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negotiation skills and negotiation techniques predicting negotiator decisions and behavior

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 

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Why Great Negotiators Earn More Money

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Why Great Negotiators Earn More Money

What’s the best way to claim more money in a negotiation? Many professional negotiators would recommend hard-bargaining tactics, such as asking the other party to disclose their bottom line, standing firm on price, and threatening to walk away. But truly great negotiators recognize that using haggling strategies alone may leave significant money on the table. … Read More 

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Team Building Using Negotiation Skills

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negotiation situation examples team building and negotiating skills and negotiation tactics

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

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Overcoming Cultural Barriers in Negotiation: China and the Gold Rush Mentality

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Overcoming Cultural Barriers in Negotiation: China and the Gold Rush Mentality

If Chinese culture favors insiders, it stands to reason that outsiders face an uphill battle. In One Billion Customers: Lessons from the Front Lines of Doing Business in China (Free Press, 2005), business executive and Wall Street Journal bureau chief James McGregor writes of the 1996 attempt by Xinhua, the official Chinese news agency, to … Read More 

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Techniques for Improving Your Negotiating Ability

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negotiation skills and negotiation training techniques and strategies for improving your negotiating ability

Many organizations subject their executives to rigorous performance reviews, yet few companies include negotiation effectiveness as one of the core competencies they track. Instead, negotiation is usually subsumed under categories such as “emotional intelligence,” or “persuasiveness” and negotiation techniques and their improvement through negotiation training are not a regular part of employee training programs. … Read More 

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Police Negotiation Techniques from the NYPD Crisis Negotiations Team

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Police Negotiation Techniques from the New York City Police Department Hostage 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 

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Negotiation Techniques: Diagnose Your Negotiating Style

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Negotiation Techniques: Diagnose Your Negotiating 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? … Read More 

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Managing Difficult Negotiators

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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 More 

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Win-Win Negotiation Strategies for Rebuilding a Relationship

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win-win negotiation

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. … Read More 

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Using Integrative Negotiation Techniques to Close the Deal

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integrative negotiation techniques

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

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Famous Negotiators: Angela Merkel and Vladimir Putin

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famous negotiators

At a January press conference last year, German chancellor Angela Merkel dangled a carrot in front of Russian president Vladimir Putin: the possibility of a summit in Kazakhstan aimed at easing the Ukraine crisis, to be attended by her and the leaders of France and Ukraine. That carrot, however, was dangling from a significant string. … Read More 

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Negotiation Skills: How to Work with Your Counterpart in Negotiations

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negotiation skills in business communication seeking advice from others

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. … Read More 

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Negotiation Skills and Bargaining Techniques from Female Executives

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Negotiation Skills and Bargaining Techniques from Female Executives

Dozens of female CEOs and other high-level women negotiators have told us about their experiences negotiating in traditionally masculine contexts where standards and expectations were ambiguous. Their experiences varied according to the gender triggers that were present in the negotiations and they adapted their negotiation strategies to accommodate these shifts. … Read More 

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Negotiation in Business Without a BATNA – Is It Possible?

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Negotiation in Business Without a BATNA - Is It Possible?

In a negotiation scenario, you always have a best alternative to a negotiated agreement. Negotiation research and negotiation strategy helps negotiators find their BATNA, leverage it at the bargaining table, and illustrates the impact that knowing your BATNA has on a negotiation. … Read More 

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Setting Standards in Negotiations

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why is negotiation important in business salary negotiations and Setting Standards at the negotiation table

As the starting point from which all commercial transactions occur, from purchasing equipment to setting salaries, negotiation 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 More 

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The Importance of Relationships in Negotiation

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The Importance of Relationship in Negotiation

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

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How to Overcome Cultural Barriers to Communication in International Negotiations

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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. … Read More 

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Power in Negotiations: How to Maximize a Weak BATNA

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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. … Read More 

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For Professional Negotiators, Three Is a Magic Number

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professional negotiators

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

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In Business Negotiations, Dress the Part

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negotiation topics in business dress the part at the bargaining table

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 More 

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Negotiating Around a Bad BATNA

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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 More 

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BATNA and Risky Negotiation Tactics

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batna negotiation examples brinksmanship while negotiating

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 More 

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BATNA: Negotiation Preparation to Help Avoid Giving Up at the Bargaining Table

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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. … Read More 

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Repairing Relationships Using Negotiation Skills

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successful negotiation examples repairing relationships and dispute resolution 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 More 

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Are You Ready to Negotiate?

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characteristics of negotiation styles are you ready to negotiate

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

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Negotiation Skills: Building Trust in Negotiations

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

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Your Reputation at the Bargaining Table in Business Negotiations

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business negotiations

In multi-issue 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 this … Read More 

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Body Language in the Negotiation Process and Beyond

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negotiation techniques and body language body language negotiation examples in real life

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 More 

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The Advantages of Bias at the Negotiation Table

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examples of negotiation in business using bias to your advantage

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 More 

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Bargaining at a Fever Pitch

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Bargaining 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 More 

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Metaphorical Negotiation and Defining Negotiation Skills

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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. … Read More 

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Star Wars Stories: George Lucas and a Strong BATNA, Passed Over

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star wars BATNA

In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. When you are aware that you have an appealing alternative deal to the one you’re working on, you will be less tempted to accept an agreement that doesn’t meet your minimum requirements. A strong BATNA gives you … Read More 

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When Dealmaking Breaks Down, Take the High Road

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dealmaking

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 More 

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Top International Negotiation Case Studies in Business: The Microsoft-Nokia Deal

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nokia international negotiation microsoft

International negotiation brings on more challenges than most. On September 3, 2013, Microsoft announced a deal to acquire Finnish mobile phone company Nokia’s handset and services business for $7.2 billion, the New York Times reported. The agreement marked a belated but bold move by Microsoft to upgrade its presence in handheld devices and signals an … Read More 

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Are Salary Negotiation Skills Different for Men and Women?

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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 

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Crisis Negotiation Skills: The Hostage Negotiator’s Drill

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teambuilding negotiating skills and negotiation tactics using negotiation examples

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. … Read More 

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BATNA and Other Sources of Power at the Negotiation Table

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batna negotiations power in negotiations

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 

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Win Win Negotiation: Managing Your Counterpart’s Satisfaction

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How to arrive at optimal agreements and make everyone happy with win win negotiation

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

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Negotiation Case Study and Sincerity’s Power in Negotiation

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negotiation case study

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 

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Dispute Resolution, NHL style

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Dispute resolution in NHL

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 More 

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How Does Mediation Work in a Lawsuit: Choosing the Right Mediator

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how does mediation work in a lawsuit choosing the right mediator

How does mediation work in a lawsuit? For those new to mediation, we advise you being by getting a list of mediators from a reputable provider agency. You can find these agencies by searching under dispute resolution or by inquiring with your organization’s legal department. … Read More 

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Conflict Management and Negotiating When Pride is at Stake

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conflict management

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

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Your BATNA and How to Achieve Optimal Outcomes in Negotiation

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batna negotiating skills and negotiation tactics using negotiation examples from real life

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 More 

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Salary Negotiations and How to Negotiate Performance-Based Pay

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Salary negotiations are never predictable. Imagine that you are a sales rep with a company that is getting hit hard by a financial crisis. No one has been laid off yet, but everyone is nervous about that possibility. In an effort to save jobs, your sales manager has quietly proposed that everyone take lower base … Read More 

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Understanding Different Negotiation Styles

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business 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 More 

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Negotiation Topics in Business: Coming Up with Win-Win Solutions at the Bargaining Table

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integrative negotiation and a win-win solution a place in business negotiations

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. … Read More 

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5 Dealmaking Tips for Closing the Deal

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dealmaking tips: 5 tips for closing the deal in business negotiations drawn from negotiation case studies_250w

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

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Ten Popular Business Negotiation Articles

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top 10 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 present negotiation examples in real life and offer strategies for engaging in integrative negotiations strategies aimed at creating win-win scenarios for each party at the negotiation … Read More 

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Best Negotiators in History: Nelson Mandela and His Negotiation Style

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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 Program on Negotiation Chairman Robert H. Mnookin in his seminal book, Bargaining with the Devil, When to Negotiate, When to Fight. … Read More 

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What is the Right of First Refusal?

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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 More 

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Reservation Point in Negotiation: Reach Negotiated Agreements by Asking the Right Questions

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reservation point negotiation reach negotiated agreements by asking the right questions

A reservation point negotiation is a bargaining scenario in which each side is trying to reconcile the other’s highest offer and the other’s lowest price. This negotiation example can apply to many other bargaining situations and demonstrates the value of open communication with your counterpart at the negotiation table. … Read More 

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How to Resolve Cultural Conflict: Overcoming Cultural Barriers at the Negotiation Table

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cultural conflict

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 negotiation example, how should this negotiator improve her negotiation skills? … Read More 

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4 Negotiation Tactics Robert Kraft Used to End the NFL Lockout

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negotiation tactics

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. … Read More 

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An Alternative to Traditional Dispute Resolution Instruction

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dispute resolution

Many negotiation and mediation instructors draw from other disciplines for a range of purposes. Insights from social psychology, for instance, can help students understand, explain, or predict certain interpersonal and inter-group dynamics. Ideas from economics and game theory can shed light on various value-creation principles. … Read More 

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Mediation: Sitting Down at the Table

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mediation and problem solving skills 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 More 

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Integrative Bargaining Examples: Expanding the Pie – Integrative versus Distributive Bargaining Negotiation Strategies

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integrative bargaining

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 

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How to Deal with Outsiders at the Bargaining Table

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top ten business negotiation examples of 2013 dell negotiation

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

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Managing Expectations in Negotiations

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good negotiation examples about managing expectations in negotiations

Successful negotiators work hard to ensure that when they and their counterpart leave a negotiation, both sides feel satisfied with the agreement. Why should you care whether the other side is pleased with the deal or not? … Read More 

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Example of Negotiation: How Emotions Affect Your Negotiating Ability

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example of negotiation in daily life how emotions affect your negotiating ability

Example of negotiation in daily life: Imagine you’re about to negotiate with a competing firm about a possible merger. 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. … Read More 

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Advanced Negotiation Strategies and Concepts Using Negotiation Examples from Real Life: Hostage Negotiation Tips for Business Negotiators

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Advanced Negotiation Strategies

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 

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What is Dispute Resolution in Law: The Ins and Outs of Arbitration

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what is dispute resolution in law the ins and outs of arbitration

A “one-shot” form of dispute resolution, arbitration is usually faster and cheaper than litigation. In addition, rather than being assigned a judge, parties are able to select their arbitrator. What is dispute resolution in law and how do alternative dispute resolution (ADR) methods like arbitration operate inside and outside a courtroom? Here are some examples of … Read More 

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How Chaos at the Bargaining Table Can Help Negotiators Reach Agreement

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negotiators - examples of negotiation situations

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. … Read More 

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5 Conflict Resolution Strategies

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Whether a conflict erupts at work or at home, we frequently fall back on the tendency to try to correct the other person or group’s perceptions, lecturing them about why we’re right—and they’re wrong. Deep down, we know that this conflict management approach usually fails to resolve the conflict and often only makes it worse. … Read More 

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5 Win-Win Negotiation Strategies

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Business negotiators understand the importance of reaching a win-win deal: 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 More 

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How Mood Affects Negotiators

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What are social psychologists learning about the connections among emotions, negotiation, and decision making? Negotiation contributor Jennifer S. Lerner of Harvard Kennedy School and her colleagues have identified two critical themes. First, they have studied the carryover of emotion from one episode, such as a car accident, to an unrelated situation, such as a workplace … Read More 

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How to Negotiate with Difficult People: International Negotiation, and a Refusal to Communicate

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Business negotiators sometimes face the difficult question of whether to negotiate with someone they believe to be immoral, untrustworthy, or otherwise undesirable as a negotiating partner. In his book Bargaining with the Devil: When to Negotiate, When to Fight (Simon & Schuster, 2011), Program on Negotiation chair Robert Mnookin offers negotiation advice on the complex … Read More 

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Promoting Fair Outcomes in Negotiation

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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 More 

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Contract Negotiations and Business Communication: How to Write an Iron-Clad Contract

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contract negotiations and business communication how to write an iron clad contract

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 labor is often … Read More 

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How to Negotiate with Friends and Family

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“Never do business with friends,” the adage goes. Yet a strict policy of keeping friends and family members out of our business lives would be impractical, and it could cause us to pass up potentially valuable negotiating opportunities. What special issues do friends and family members face when involved in negotiations together? How can they reduce … Read More 

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Women Negotiators Break New Ground

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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 More 

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Case Study of Business Negotiations and Deal Making: Giving Voice to Negotiators Away from the Bargaining Table

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Sometimes negotiators focus too much on the bargaining session at hand, to the detriment of bargainers away from the negotiation table, a group whose concerns and input is just as valid as those of the negotiators themselves. Here are some negotiation tips to help make sure your bargaining strategies include the voices and concerns of … Read More 

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Power in Negotiation and Self-Fulfilling Prophecies

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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 

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Managing Factions in Multiparty Negotiations Faultlines in Groups

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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 More 

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Negotiation Examples in Business: Ethics, Bias, and Bargaining in Good Faith

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negotiation examples in business negotiation ethics and bias in negotiation

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. … Read More 

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Will You Avoid a Negotiation Impasse?

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10 Hard Bargaining Negotiation Skills

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

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Emotion and the Art of Business Negotiations

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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 More 

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Conflict Off the Rink: The NHL Negotiations

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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 More 

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How Expressing Disappointment Impacts Offers in Negotiations

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Most of us have had the experience of feeling disappointment during a negotiation. If a counterpart picks up on this disappointment, will it affect the offers she makes? Professor Gert-Jan Lelieveld of Leiden University and his colleagues considered this question in a recent study. In four experiments, college students were assigned to play a simple negotiating … Read More 

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How Professional Negotiators Can Avoid Public Controversy

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successful negotiation examples emotional intelligence as a negotiating skill and negotiation tactic

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. … Read More 

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MESO Negotiation: Learn from a Seller’s Market

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negotiating skills and negotiation tactics learn from a sellers market in sales negotiations

What negotiating skills and negotiation tactics 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, … Read More 

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Negotiation Books: A Negotiation Reading List for 2017

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As a new year approaches, many of us are making the usual resolutions aimed at improving our health and well-being. Why not also add the goal of being a more effective negotiator to the list? Whether you are facing negotiations with Congress, colleagues, customers, or family members, the following negotiation books, published in recent years … Read More 

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In Platform Negotiations with Clinton, Sanders Was Victorious

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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. … Read More 

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

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

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Dealmaking: Relationship Rules for Dealmakers

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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 More 

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When Dealing with Difficult People, Try a Complementary Approach

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When Dealing with Difficult People, Try a Complementary Approach

To hear businessman and Republican presidential candidate Donald Trump tell it, the United States under President Barack Obama has 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 

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How to Balance Your Own Values in Negotiation

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best negotiation examples negotiating conflicts of interest

Best negotiation examples from real life: Imagine that you’ve been negotiating the sale of a property that is owned by your company. The buyer has made an attractive offer that you’ve tentatively accepted. Your boss is pleased with the terms as they stand, but suggests that you go back to the buyer and tell her … Read More 

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Dealing with Difficult People – In and Outside of Congress

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In business negotiations, we sometimes face the task of dealing with difficult people—those who seem to pick fights, hold offensive views, or rely on hard-bargaining tactics. Some of us naturally turn away from such difficult negotiations. Others choose to try to overlook or overcome the flaws they see in potential negotiating partners. … Read More 

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Overcoming Cultural Barriers in Negotiations and the Importance of Communication in International Business Deals

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the importance of communication in international business overcoming cultural barriers in dealmaking negotiations

Communication in negotiation scenarios is the means by which negotiators achieve objectives, build relationships, and resolve disputes. Communication becomes even more important when negotiating counterparts are from different cultures. The following question was posed to our Negotiation newsletter editorial board and Program on Negotiation faculty member Jeswald Salacuse offers his insights. … Read More 

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Six Guidelines for “Getting to Yes”

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In their revolutionary book Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 3rd edition, 2011), Roger Fisher, William Ury, and Bruce Patton introduced the world to the possibilities of mutual-gains negotiation, or integrative negotiation. The authors of Getting to Yes explained that negotiators don’t have to choose between either waging a strictly competitive, win-lose … Read More 

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Business Negotiation Skills to Curb Your Overconfidence

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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 

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Case Studies: Ten Great Conflict Resolutions

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top ten conflict resolution posts

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 More 

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Examples of Alternative Dispute Resolution (ADR): How Mediation Works

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how does mediation work the mediation process

Negotiations have reached an impasse, but both sides agree on one thing: you need help resolving the dispute. You engage a neutral mediator to do just that. Rather than acting as a judge who decides who “wins” or “loses,” a third-party mediator assists parties in reaching an agreement. … Read More 

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Characteristics of Negotiation Styles: Negotiation Skills for Win-Win Negotiations

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characteristics of negotiation styles negotiation skills for win-win negotiations

A few characteristics of negotiation styles include hard bargaining tactics focused on claiming as much value as possible and integrative negotiation strategies such as value creation or win-win negotiation scenarios. What negotiation styles leads to optimal negotiated agreements and are suitable to win-win negotiations? One skill to cultivate that will have a positive impact on … Read More 

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How to Overcome Cross Cultural Barriers in Negotiation

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overcoming-cultural-barriers-in-negotiation-how-to-launch-more-productive-cross-cultural-negotiations_

On February 28, 2014, Russian troops swarmed into Crimea following violent clashes between protesters and police in Kiev, Ukraine, and Ukrainian president Viktor Yanukovych’s abrupt departure from the country. Urging Russian president Vladimir Putin to retreat, Western leaders desperately searched for a way to help him “save face.” It was a daunting task. Having made an … Read More 

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The Value of Using Scorable Simulations in Negotiation Training

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In the fall of 2015, members of the PON faculty and negotiation community gathered to hear Gordon Kaufman (MIT Morris A. Adelman Professor of Management, Emeritus) speak about how he uses quantifiable data to plot student-learning trajectories. The conversation focused on the ongoing debate within the negotiation pedagogy community regarding the way we assess instructional outcomes. Quantif-why-able? PON co-founder … Read More 

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Beware Your Counterpart’s Biases

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

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Alternative Dispute Resolution In-House: Mediation, Arbitration, or Med-Arb?

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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 scenario. Objective #1: … Read More 

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Value Creation in Negotiation

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Use Integrative Negotiation Strategies to Create Value at the Bargaining Table

Many people say they dread negotiating and avoid it whenever they can. Why? Typically, because they view negotiation as a competition in which one party’s gains come at the expense of the other party. … Read More 

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Negotiation Techniques from the M&A World

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negotiation techniques based on negotiation research from bargaining strategies in the mergers and acquisitions 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 More 

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Value Claiming in Negotiation

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

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Conflict Negotiation Strategies: Apple’s Apology in China

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how to overcome cultural barriers in communication 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 

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Creating and Claiming Value Through Haggling – Assess The Other Party’s BATNA in Dealmaking Negotiations

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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 

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Power in Negotiation: The Impact on Negotiators and the Negotiation Process

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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. … Read More 

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Grading a Negotiation: Examples of How to Evaluate Student Performance

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Grading a Negotiation: Examples of How to Evaluate Student Performance

Whether to grade student role-play performance, process and outcomes is a tricky question. Jim Lawrence, a long-time PON contributor, simulation author, attorney and practicing mediator with Frost Brown Todd LLC, recently shared his thoughts on the value and purpose of grading students participating in negotiation simulations. … Read More 

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Worst Negotiation Tactics of 2015

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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 More 

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How to Write a Contract: Three Deal-Drafting Pitfalls

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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. … Read More 

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Top International Negotiation Examples: The East China Sea Dispute

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Even when negotiators believe they sincerely want to reach an outcome that is fair to all, their perceptions of what constitutes a fair agreement are likely to be self-serving. As a result, they are likely to believe they deserve a greater share of a given resource than an unbiased observer would judge to be fair. …