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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:

Ethics and Negotiation: 5 Principles of Negotiation to Boost Your Bargaining Skills in Business Situations

Posted by & filed under Negotiation Training.

Knowing the norms of ethics and negotiation can be useful whether you’re negotiating for yourself or on behalf of someone else. Each ethical case you come up against will have its own twists and nuances, but there a few principles that negotiators should keep in mind while at the bargaining table. … Read More 

Mediating Disputes – Fall 2019

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (Five-Day Programs).

Course Dates: October 14 – 18, 2019 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 … Read More 

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 

Negotiation Workshop: Improving Your Negotiating Effectiveness

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (Five-Day Programs).

Course Dates: June 2020 – Exact Dates TBD 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 … Read More 

Behavioral Theory of Labor Negotiations, A An Analysis of a Social Interaction System

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In this book Walton and McKersie attempt to describe a comprehensive theory of labor negotiation. The authors abstract and analyze four sets of systems of activities which they believe account for much of the behavior found in labor negotiations. The first system of activities, termed “distributive bargaining,” comprises competitive behaviors that are intended to influence the … Read More 

Negotiation and Leadership Fall 2019 Brochure

Posted by & filed under Free Report.

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 

How to Negotiate a Business Deal

Posted by & filed under Business Negotiations.

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 

Negotiation Workshop: Strategies, Tools, and Skills for Success

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (Five-Day Programs).

Course Dates: June 2020 – Exact Dates TBD 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 

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 

What is an Arbitration Agreement?

Posted by & filed under Conflict Resolution.

If you have ever owned a cell phone or been issued a credit card, odds are you’ve signed an arbitration agreement. You also may have signed an arbitration agreement when you started your current job or a past one, whether you remember doing so or not. … Read More 

Advanced Mediation Workshop: Mediating Complex Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (Five-Day Programs).

Course Dates: June 2020 – Exact Dates TBD 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 … Read More 

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 

The Importance of Communication in Negotiations: Preparing Your Negotiating Team

Posted by & filed under Negotiation Skills.

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 

Negotiation and Leadership: Dealing with Difficult People and Problems BR

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

Negotiation and Leadership Dealing With Difficult People and Problems Spring sessions: April 16–18 | May 14–16 | June 18–20 2018 Fall sessions: September 24–26 | October 15–17 | December 3–5 2018 Focused one-day sessions Spring sessions: April 19, 2018 | May 17, 2018 | June 21, 2018 Fall sessions: September 27, | October 18, | December 6, 2018

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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 

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 

BATNA and Risky Negotiation Tactics

Posted by & filed under BATNA.

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 

Negotiation and Leadership: Dealing with Difficult People and Problems AQ

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

Negotiation and Leadership Dealing With Difficult People and Problems Spring sessions: April 16–18 | May 14–16 | June 18–20 2018 Fall sessions: September 24–26 | October 15–17 | December 3–5 2018 Focused one-day sessions Spring sessions: April 19, 2018 | May 17, 2018 | June 21, 2018 Fall sessions: September 27, | October 18, | December 6, 2018

.embed-container { position: relative; padding-bottom: 56.25%; height: 0; … Read More 

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 

Negotiation and Leadership NL P

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 

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 

Negotiation and Leadership NL O

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 

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 

Sidetracked: Understanding the Psychological Barriers that Derail Negotiations

Posted by & filed under 1 Day Courses, executive training.

We all experience emotionally challenging conflicts and negotiations. Whether you are negotiating with your board or with your family, over internal resources or with external partners, as the buyer or as the seller, emotions can turn an otherwise productive negotiation into an unprofitable disaster.It does not have to be that way. In this interactive workshop, … Read More 

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 

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

Posted by & filed under Free Report.

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 

Negotiation Team Strategy

Posted by & filed under Negotiation Skills.

Some negotiations are simple enough to handle on our own, but those deals are increasingly rare in the business world. These days, to thrive in negotiation, you often need to be able to work effectively as part of a negotiation team. … Read More 

Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – November 11-13

Posted by & filed under Harvard Negotiation Master Class.

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 

Dealing with Difficult People

Posted by & filed under Free Report.

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 

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 

Harborco: Role-Play Simulation

Posted by & filed under Free Report.

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 

5 Dealmaking Tips for Closing the Deal

Posted by & filed under Dealmaking.

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

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 

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 

Negotiation Skills and Bargaining Techniques from Female Executives

Posted by & filed under Leadership Skills.

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 skills to accommodate these shifts. … Read More 

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 

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

Posted by & filed under Free Report.

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 

Cognitive Biases in Negotiation and Conflict Resolution – Common Negotiation Mistakes

Posted by & filed under Conflict Resolution.

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 

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 

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 

Sally Soprano: Role-Play Simulation

Posted by & filed under Free Report.

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 

The Winner’s Curse in Negotiations: How to Avoid It

Posted by & filed under Business Negotiations.

These business negotiations – an auction and a negotiated acquisition – highlight both the promise and risks of high-priced purchases and the dangers of the winner’s curse in negotiation. Negotiators fall victim to the winner’s curse in negotiations when they over-compete (and overbid) for items in the pursuit of a “victory” at the bargaining table. … Read More 

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 

Training Women to Be Leaders: Negotiating Skills for Success

Posted by & filed under Free Report.

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 

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 

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 

Salary Negotiation: How to Ask for a Higher Salary

Posted by & filed under Salary 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 

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 

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 

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 

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 

The Pitfalls of Negotiations Over Email

Posted by & filed under Conflict Resolution.

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 

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 

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

Posted by & filed under International Negotiation.

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 

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 

Distributive Bargaining Strategies

Posted by & filed under Negotiation Skills.

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

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 

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 

Learning From Negotiation Role-Plays

Posted by & filed under Teaching Negotiation.

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 

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 

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 

Cultural Barriers and Conflict Negotiation Strategies: Apple’s Apology in China

Posted by & filed under Dispute Resolution.

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 

How to Negotiate Online

Posted by & filed under Negotiation Skills.

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. Here are some tips on how to negotiate online and building a rapport with your counterpart … Read More 

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 

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 

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 

Police Negotiation Techniques from the NYPD Crisis Negotiations Team

Posted by & filed under Crisis Negotiations.

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 

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 

Win-Lose Negotiation Examples

Posted by & filed under Win-Win Negotiations.

When we think of win-lose negotiation examples, we think of competitions in which it seemed that one party had to succeed and the other had to fail. In fact, in the majority of win-lose negotiation examples, a win-win negotiation was possible, but parties overlooked opportunities to create value. As a consequence, they reached subpar results. … Read More 

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 

Lattitude.com

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

An Example of the Anchoring Effect

Posted by & filed under Negotiation Skills.

People tend to irrationally fixate on the first number put forth in a negotiation—the anchor—no matter how arbitrary it may be. Even when we know the anchor has limited relevance, we fail to sufficiently adjust our judgments away from it. This is the anchoring effect. … Read More 

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 

BATNA Examples—and What You Can Learn from Them

Posted by & filed under BATNA.

What is a BATNA in negotiation? In their bestseller Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton (Penguin, 1991) described BATNA, or best alternative to a negotiated agreement, as the path you’ll follow if you don’t reach agreement in your current negotiation. Awareness of your BATNA will keep you … Read More 

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 

How to Negotiate Salary: 3 Winning Strategies

Posted by & filed under Salary Negotiations.

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

Mediation and the Conflict Resolution Process

Posted by & filed under Conflict Resolution.

It’s often the case that when two people or organizations try to resolve a dispute by determining who is right, they get stuck. That’s why so many disputes end up in court. There is a better way to resolve your dispute: by hiring an expert mediator who focuses not on rights but on interests—the needs, … Read More 

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 

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

Posted by & filed under Daily, Dispute Resolution.

The three most common alternative dispute resolution techniques are mediation, arbitration, and med-arb. However, it can often be difficult to determine which method is best for your particular situation. Here are four possible objectives you may have as a leader in your organization and suggestions for which type of ADR may be most appropriate in that … Read More 

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 

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 

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 

Value Claiming in Negotiation

Posted by & filed under Negotiation Skills.

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 

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 

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 

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 

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 

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 

The Importance of a Relationship in Negotiation

Posted by & filed under Negotiation Training.

At the negotiation table, what’s the best way to uncover your negotiation counterpart’s hidden interests? Build a relationship in negotiation by asking questions, then listening carefully. Even if you have decided to make the first offer and are ready with a number of alternatives, you should always open by asking and listening to assess your … Read More 

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 

Using Principled Negotiation to Resolve Disagreements

Posted by & filed under Dispute Resolution.

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

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 

Making Business Deals that Thrive Across Cultures

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The 1998 merger of German automaker Daimler-Benz and the American Chrysler Corporation at first seemed like a match made in heaven, but the honeymoon wore off as the two cultures that made up DaimlerChrysler began to clash. The Americans’ informal behavior, such as using first names rather than titles, made the Germans uncomfortable, while the … Read More 

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 

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 

Negotiation Styles for Win-Win Negotiations

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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 

Arms Control on Cobia

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

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 

The Impact of Anxiety and Emotions on Negotiations: How to Avoid Misjudgment in Negotiation Scenarios

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Intense negotiation scenarios, we often choose to consult an expert for advice, preferably someone who has carried out hundreds of similar deals with great success. When we consult with others on our negotiations, we must weigh their advice against our own opinions and research. Past negotiation research finds that we tend to undervalue advice from … Read More 

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 

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 

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 

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 

Techniques for Improving Your Negotiating Ability

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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 

Bentley Convertible

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

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 

Team Building Using Negotiation Skills

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

Deal-Making Techniques for When You Feel Powerless

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In negotiation, we’re often advised that our most important source of power is our best alternative to a negotiated agreement, or BATNA. If we feel powerless when making business deals, it’s often because we don’t have a strong alternative if the current deal falls apart or fails to meet our needs. Thus, the key to … Read More 

5 Good Negotiation Techniques

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

Understanding Different Negotiation Styles

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

Managing Difficult Negotiators

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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 

Powerful Conflict Resolution Games to Help You Teach Negotiation

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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 

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

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In contract negotiations, writing a contract that both encapsulates the negotiated agreement but also incorporates future elements such as the business relationship and the sustainability of the agreement can be a daunting task for even the most experienced negotiators. Executives often leave the legal issues surrounding their deals to their attorneys. While this division of … Read More 

Setting Standards in Negotiations

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As the starting point from which all commercial transactions occur, from purchasing equipment to setting salaries, negotiatiosn in business is an essential skill no matter what field a negotiator finds herself. Using an objective standard can strengthen your proposal and eliminate emotional bias. … Read More 

Fairness in Negotiation

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Imagine that you and your business partner agree to sell your company. You end up getting an offer that pleases you both, so now you face the enviable task of splitting up the rewards. How do you ensure that there is fairness in negotiation? … Read More 

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 

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

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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 

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

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After recently losing an important deal in India, a business negotiator learned that her counterpart felt as if she had been rushing through the talks. The business negotiator thought she was being efficient with their time. In this useful cross-cultural conflict negotiation example, how should this negotiator improve her negotiation skills? … Read More 

Negotiation Tactics for Bargaining with Difficult People: The Comcast Merger

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If a competitive bargaining session shifts in a counterpart’s direction, your anger could send the wrong signals to your negotiation counterpart. In this instance, strong emotions portray desperation rather than strength. Here are some bargaining and negotiation tactics for dealing with difficult situations in relationships. … Read More 

5 Win-Win Negotiation Strategies

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Business negotiators understand the importance of reaching a win-win negotiation: when both sides are satisfied with their agreement, the odds of a long-lasting and successful business partnership are much higher. But concrete strategies for generating a win-win contract often seem elusive. The following five, from experts at the Program on Negotiation at Harvard Law School, … Read More 

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

Posted by & filed under Teaching 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 

Price Anchoring 101

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Opening offers have a strong effect in price negotiations. The first offer typically serves as an anchor that strongly influences the discussion that follows. In research documenting price anchoring, psychologists Daniel Kahneman and Amos Tversky found that even random numbers can have a dramatic impact on people’s subsequent judgments and decisions. … Read More 

Case Studies: Examples of Conflict Resolution

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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 

Essential Negotiation Skills: Limiting Cognitive Bias in Negotiation

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In past articles, we have highlighted a variety of psychological biases that affect negotiators, many of which spring from a reliance on intuition, and may hinder integrative negotiation. Of course, negotiators are not always affected by bias; we often think systematically and clearly at the bargaining table. Most negotiators believe they are capable of distinguishing … Read More 

What is Distributive Negotiation and Five Proven Strategies

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Most negotiations call for very different, even opposing, skills: collaboration and competition. To get a great deal, we typically must work with others to find new sources of value while also competing with them to claim as much of that value for ourselves. Before mastering the intricacies of value creation in negotiation, it helps to … Read More 

How to Negotiate with Friends and Family

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“Never do business with friends,” the adage goes. But should you always stay away from an opportunity to negotiate with friends and family? 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. … Read More 

Negotiating with Millennials – How to Overcome Cultural Differences in Communication

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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 

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 

Types of Negotiation for Business Professionals

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What is negotiation? In her book The Mind and Heart of the Negotiator, Northwestern University professor Leigh Thompson defines negotiation as “an interpersonal decision-making process necessary whenever we cannot achieve our objectives single-handedly.” This definition stresses the interdependence that’s fundamental to any negotiation. Narrowing in on this definition, when preparing to negotiate, business professionals often wonder … Read More 

Using Body Language in Negotiation

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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 

Principled Negotiation: Focus on Interests to Create Value

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There’s a better, third way of negotiating—one that doesn’t rely on toughness or accommodation, but that will improve your likelihood of meeting your negotiation goals. In their pivotal negotiation text, Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 2nd edition, 1991), Roger Fisher, William Ury, and Bruce Patton of the Harvard Negotiation Project promote … Read More 

5 Common Negotiation Mistakes and How You Can Avoid Them

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Sometimes our negotiation mistakes are glaring: We accidentally reveal our bottom line, criticize the other party when patience was warranted, or get our numbers mixed up. More often, though, our negotiation mistakes are invisible: We get a perfectly good deal, but are unaware that we could have gotten a better one if we hadn’t succumbed … Read More 

The Opposite of Autocratic Leadership Styles

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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 

MESO Negotiation Strategies and Negotiation Techniques

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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 

Metaphorical Negotiation and Defining Negotiation Skills

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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 

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

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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 

Union Strikes and Dispute Resolution Strategies

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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 

A Negotiation Preparation Checklist

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Without a doubt, the biggest mistake that negotiators make—and one that many make routinely—is failing to thoroughly prepare. When you haven’t done the necessary analysis and research, you are highly likely to leave value on the table and even to be taken advantage of by your counterpart. A negotiation preparation checklist can help you avoid … Read More 

Top 10 Notable Negotiations

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

Hardball Tactics in Negotiation Increase with Rivalry

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Coke vs. Pepsi. Clinton vs. Trump. Apple vs. Samsung. The New York Yankees vs. the Boston Red Sox. Whether we work in business, politics, sports, or another arena, our competitors sometimes turn into fierce rivals. In addition, many sales, legal, and financial firms structure jobs, incentives, and promotion systems in ways that pit employees against one … Read More 

What Is an Umbrella Agreement?

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Business negotiators tend to want the best of both worlds. When reaching an agreement, they want to pin down parties’ respective rights and responsibilities, but they also want to retain the flexibility they need to deal with ever-changing business conditions. One solution to this apparent dilemma is to craft an umbrella agreement. … Read More 

Negotiation Skills: Building Trust in Negotiations

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Trust in negotiations may develop naturally over time, but negotiators rarely have the luxury of letting nature take its course. Thus it sometimes seems easiest to play it safe with cautious deals involving few tradeoffs, few concessions, and little information sharing between parties. But avoiding risk can mean missing out on significant opportunities. For this reason, … Read More 

Handling Difficult People: The Antisocial Negotiator

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Have you ever found yourself negotiating with someone who seemed entirely ruthless and lacking in empathy? From time to time, we may end up in the deeply unsettling position of handling difficult people who appear to have no concern for us or our outcomes. People who are antisocial, lack empathy, and habitually engage in impulsive, manipulative, … Read More 

When a Job Offer is “Nonnegotiable”

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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 

The Negotiation Process in China

Posted by & filed under International Negotiation.

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 

How to Overcome Cultural Barriers in Negotiation

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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 

Negotiation Skills: Threat Response at the Bargaining Table

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

Negotiation Strategies for Dealing with Spoilers

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Amazon’s announcement on February 14 that it was backing out of a recent deal to build a major new campus in New York City was as bitter as a Valentine’s Day breakup could be. But the budding relationship between Amazon and New York didn’t have to end in acrimony and broken dreams, Harvard Business School … Read More 

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

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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 

Best-In-Class Negotiation Case Studies

Posted by & filed under Teaching Negotiation.

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 

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

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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 

10 Negotiation Failures

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Here’s a list of some of the most notable negotiation flops – from deals that were over before they started, to those that were botched at the table, to those that proved disastrous well after the ink had dried. … Read More 

For Professional Negotiators, Three Is a Magic Number

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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 

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

Posted by & filed under International Negotiation.

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 

Teach Your Students Value Distribution with a Simulation on Solar Power

Posted by & filed under Teaching Negotiation.

Do your students really understand the difference between value distribution and integrative negotiation, and have you given them a chance to practice their distributive bargaining skills? Do they understand that every negotiation includes elements of both value creation and value distribution? To help teach these key negotiation skills the Teaching Negotiation Resource Center (TNRC) has developed a … Read More 

Best Negotiators in History: Nelson Mandela and His Negotiation Style

Posted by & filed under International Negotiation.

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 

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

Posted by & filed under International Negotiation.

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 

What is BATNA?

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

What is the Multi-Door Courthouse Concept

Posted by & filed under International Negotiation.

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 

Will You Avoid a Negotiation Impasse?

Posted by & filed under 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 

The Benefits of Coalitions at the Bargaining Table

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Labor unions may be the most obvious example of a negotiating coalitions. When a company negotiates with an employee individually, it could threaten to hire someone else in the face of the employee’s demands. By contrast, when employees bargain collectively through a union, they avoid the need to compete against one another (at least on … Read More 

5 Types of Negotiation Skills

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Businesspeople who are looking for effective negotiation strategies often confront a dizzying array of advice. It can be useful to take a step back and categorize these strategies into various types of negotiation tactics. Highlighting the benefits of negotiation in business, the following five types of negotiation tactics can help you think more broadly about … Read More 

Must-Read Negotiation Books for 2019

Posted by & filed under Negotiation Training.

The year 2017 offered plenty of negotiation hits and misses in the realms of government, business, and beyond. To avoid failed negotiations in 2018, politicians, business leaders, and the rest of us would be wise to explore the following recent negotiation books, which can help steer us through our most difficult negotiating dilemmas: … Read More 

What to Do When Your BATNA is Not Good Enough

Posted by & filed under BATNA.

The following question was featured in the “Ask the Negotiation Coach” section of the Negotiation Briefings newsletter, April 2010 issue. Question: What should I do when a negotiation seems to be all about price, I have no BATNA, and the other side knows it? … Read More 

The Hidden Hazards of BATNA Development

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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 

Conflict Management and Negotiation: Personality and Individual Differences That Matter

Posted by & filed under Conflict Resolution.

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 

Emotional Intelligence as a Negotiating Skill

Posted by & filed under Negotiation Skills.

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 

Take your BATNA to the Next Level

Posted by & filed under BATNA.

If your current negotiation reaches an impasse, what’s your best outside option? Most seasoned negotiators understand the value of evaluating their BATNA, or best alternative to a negotiated agreement, a concept that Roger Fisher, William Ury, and Bruce Patton introduced in their seminal book, Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 1991, second … Read More 

What is Anchoring in Negotiation?

Posted by & filed under Negotiation Skills.

Consider this anchoring bias example from Harvard Business School and Harvard Law School faculty member Guhan Subramanian. While running a negotiation simulation in one of his classes, Subramanian noticed that one student spent a considerable amount of time explaining why $10.69 per hour would be an impossible wage rate to offer the student’s counterpart. The … Read More 

Writing the Negotiated Agreement

Posted by & filed under Dealmaking.

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 

What Is Distributive Negotiation?

Posted by & filed under Negotiation Skills.

What is distributive negotiation? Distributive negotiation involves haggling over a fixed amount of value—that is, slicing up the pie. In a distributive negotiation, there is likely only one issue at stake, typically price. When you are negotiating with a merchant in a foreign bazaar, or over a used car closer to home, you are generally … Read More 

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

Posted by & filed under Dealmaking.

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 

In Business Negotiations, Dress the Part

Posted by & filed under Business Negotiations.

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 

Negotiation Case Studies: The Bangladesh Factory-Safety Agreements

Posted by & filed under International Negotiation.

We can learn a lot from negotiation case studies. On April 24, 2013 an eight-story building in Bangladesh known as Rana Plaza collapsed, killing an estimated 1,129 people, many of them low-wage garment workers who made goods for foreign companies. In the weeks after the disaster, apparel outsourcers faced mounting public pressure to address hazardous conditions … Read More 

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

Posted by & filed under Business Negotiations.

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

Developing Negotiation Skills for Integrative Negotiations – Does Personality Matter?

Posted by & filed under Negotiation Skills.

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 

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

Posted by & filed under International Negotiation.

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 

How to Balance Your Own Values in Negotiation

Posted by & filed under Business Negotiations.

What are the 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 … Read More 

The Wired Negotiator: Using Technology in Negotiation

Posted by & filed under Teaching Negotiation.

Everyone negotiates every day. How we negotiate is changing dramatically due to the use of various technological tools. People need not fear this change. Rather, they should understand the different technology at their disposal, grasp the pros and cons, and determine how to select the best medium to suit their needs, negotiation style, and approach. … Read More 

Thoughts from Harvard Business School Faculty Member James Sebenius: A Negotiated Solution to the Government Shutdown

Posted by & filed under Dealing with Difficult People.

In a recent article for The Hill, James Sebenius, Vice Chair for Practice-Focused Research and member of the PON Executive Committee, writes about a negotiated solution to the government shutdown. He writes: “Normal hard bargaining would transform the wall into some kind of physical barrier to be erected in key places; a compromise on money and other border security … Read More 

6 Bargaining Tips and BATNA Essentials

Posted by & filed under BATNA.

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

Add Variety to Your Curriculum with These Top Simulations

Posted by & filed under Teaching Negotiation.

Update Your Teaching Materials with Our Top Negotiation Role Play Simulations The field of negotiation is constantly evolving, and as such, requires new ways of teaching negotiation. It can sometimes happen that students come into a class having already encountered the negotiation simulation being used in the course, or that a different kind of exercise is … Read More 

Counteracting Racial and Gender Bias in Job Negotiations

Posted by & filed under Leadership Skills.

This past July, the principal flutist of the Boston Symphony Orchestra (BSO), Elizabeth Rowe, became the first Massachusetts resident to sue her employer under a new state law designed to address the persistent pay gap between men and women. Despite being the most frequent soloist among the BSO’s principal musicians, Rowe earns only about 75% of … Read More 

Negotiation research you can use: Recovering from adverse events in negotiation

Posted by & filed under Negotiation Skills.

When setbacks arise in negotiation— from a take-it-or-leave-it offer to a walkout to an unexpected economic downturn—we’re faced with several choices. We can end the negotiation temporarily or permanently, we can double down and escalate conflict and competition, or we can see the setback as an opportunity for growth. By training ourselves to take this last … Read More 

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

Posted by & filed under International Negotiation.

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 

Win Win Negotiation: Managing Your Counterpart’s Satisfaction

Posted by & filed under Win-Win Negotiations.

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 

How to Use MESOs in Business Negotiations

Posted by & filed under Business Negotiations.

It’s not uncommon in business negotiations to find yourself on the brink of impasse. You and your counterpart have exchanged a series of offers and counteroffers, and you’ve met somewhere close to the middle—but not close enough. With each side firmly rooted in its position, there may seem to be no way forward. … Read More 

Business Negotiation Skills to Curb Your Overconfidence

Posted by & filed under Business Negotiations.

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 

Negotiate the Healthcare Industry

Posted by & filed under Teaching Negotiation.

Teach Your Students to Negotiate One of the Largest Global Industries Healthcare is one of the biggest economies in the world, with billions of dollars spent on treatments and associated research. There are typically significant interests at stake in healthcare negotiations, which are made all the more complex by the presence of both public and private … Read More 

Negotiation and Bargaining with Your BATNA in Mind

Posted by & filed under BATNA.

Experienced negotiators understand they should reject any deal that is inferior to their best alternative to a negotiated agreement, or BATNA. What is a BATNA in negotiation? Your BATNA is the best possible outcome you could get if you walked away from your current negotiation and bargaining situation. When negotiating at an auto dealership, for … Read More 

Facing controversy? Don’t forget to negotiate

Posted by & filed under Conflict Resolution.

Looking back, it’s almost hard to imagine, but when then–San Francisco 49ers quarterback Colin Kaepernick began sitting down for pregame performances of “The Star-Spangled Banner,” no one noticed. He’d sat through two national anthems during the 2016 preseason before reporters asked him about it. Citing racial oppression and police brutality, Kaepernick explained that he planned … Read More 

Coming Up with Win-Win Solutions at the Bargaining Table

Posted by & filed under 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 

In Business Negotiations, Eat Before You Negotiate

Posted by & filed under Business Negotiations.

When preparing for your next business negotiation, you may want to strategize not only about what you’ll put on the bargaining table, but also how much food you’ll put in your belly beforehand. That’s the message of new research that Cornell University professor Emily Zitek and Dartmouth College professor Alexander Jordan presented at the annual … Read More 

The Value of Using Scorable Simulations in Negotiation Training

Posted by & filed under Teaching Negotiation.

At a recent Teaching Negotiation Resource Center (TNRC) faculty pedagogy seminar, 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 … Read More 

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

Posted by & filed under International Negotiation.

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 

Effective Negotiation Strategies for Dealing with Competitors

Posted by & filed under Negotiation Skills.

In the business world, organizations take competition for granted, to the extent that they often overlook opportunities to meet their goals by working with one another. But the benefits of negotiation in business can extend to our dealings with competitors. Recent high-profile negotiations highlight three effective negotiation strategies competitors can use to cooperate and compete. … Read More 

Dispute Resolution for India and Bangladesh

Posted by & filed under International Negotiation.

Sometimes in international negotiation, disputes are left to fester for years, even decades, until parties decide there is something to be gained from reaching agreement. In an example of a cross cultural negotiation case study, the nations of Bangladesh and India seized on an opportunity to push the “restart” button on their bumpy relationship by … Read More 

Negotiation research you can use: Should you brandish your BATNA?

Posted by & filed under BATNA.

On August 23, the British government unveiled an initial set of contingency plans for exiting the European Union (E.U.) in the event the so-called Brexit negotiations end in impasse. Brexit negotiations have been slow and contentious, stymied most recently by infighting within factions of the British government about how closely to bind the nation’s economy … Read More 

Frustrated by a Meddling Boss? Negotiate your Authority from the Start

Posted by & filed under Leadership Skills.

As North Atlantic Treaty Organization (NATO) ambassadors geared up to finish negotiating a new declaration on national security in Brussels this past July, they received an unusual directive from NATO secretary general Jens Stoltenberg. At the request of U.S. security adviser John Bolton, Stoltenberg asked the ambassadors, who represented 29 North American and European nations, to … Read More 

Negotiation in the news: In a skirmish over scallops, it’s the French versus the British

Posted by & filed under Dispute Resolution.

When parties are fighting for scarce resources, disputes can become intense. Negotiation is often the answer, but agreements may need to be continually revisited to keep the peace. That’s the main takeaway from the dispute that erupted in the English Channel between French and British fishermen this August. Stormy waters In Europe, the European Union sets fishing … Read More 

The Process of Business Negotiation

Posted by & filed under Business Negotiations.

Negotiators are more satisfied with the outcome of a negotiation when they think the process has been fair, research shows. To maximize satisfaction and build a strong working relationship, don’t leave the process of business negotiation up to chance. Given the importance of negotiation in business communication, you’d be wise to consider the following seven … Read More 

Role Play Simulations to Help You Become a Better Mediator

Posted by & filed under Teaching Negotiation.

When opposing parties cannot come to a satisfactory resolution, a strong mediator can make all the difference. By effectively examining the issues at hand and helping parties identify creative solutions, a well-trained mediator builds consensus where there once was none. To help professionals learn the art of mediation, the Program on Negotiation’s Teaching Negotiation Resource Center … Read More 

The Anchoring Bias Can Get Talks off to a Strong Start

Posted by & filed under Negotiation Skills.

Should you make the first offer in a negotiation? Typically yes, abundant research on the anchoring bias suggests. What is anchoring in negotiation? In negotiations centered on price or another figure, the party who moves first typically benefits by “anchoring” the discussion that follows on her offer—even if the anchor is arbitrary. For example, the … Read More 

Compensation Negotiation Tips for Salary Bargaining

Posted by & filed under Salary Negotiations.

Job candidates are often eager for compensation negotiation tips, and with good reason: they tend to be at a bargaining disadvantage relative to the hiring organization. Due to the well-documented anchoring effect, the first figure introduced into the discussion can strongly influence the final outcome—and the wage or wage range cited by employers is likely … Read More 

Negotiation Skills: Which Negotiating Style Is Best?

Posted by & filed under Negotiation Skills.

Is one negotiating style “better” than another? Most research suggests that negotiators with a primarily cooperative style are more successful than hard bargainers at reaching novel solutions that improve everyone’s outcomes. Negotiators who lean toward cooperation also tend to be more satisfied with the process and their results, according to Weingart. At the same time, … Read More 

How Mood Affects Negotiators

Posted by & filed under Conflict Resolution.

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 

Negotiation Research Examines Ethics in Negotiating Scenarios

Posted by & filed under Negotiation Skills.

Lack of transparency regarding negotiations between hospitals and the insurers known as preferred provider organizations, or PPOs, is a key contributor to spiraling health-care costs in the United States, according to an August article in the New York Times. This topic has many questioning ethics in negotiating within the healthcare industry. The problem starts with the … Read More 

MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table

Posted by & filed under Conflict Resolution.

MESO negotiation, a negotiation strategy for creating value with a counterpart who may be reluctant to negotiate, allows negotiators to propose multiple offers without signaling commitment or preference for any one option. Business negotiators that practice integrative negotiation strategies often complain that although they try to focus on creating value, they run into far too many difficult … Read More 

Why Great Negotiators Earn More Money

Posted by & filed under Salary Negotiations.

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 

Successes & Messes: From boom to bust: Up-and-down contract negotiations in the NBA

Posted by & filed under Business Negotiations.

In negotiation, one great deal can beget another. For the National Basketball Association (NBA), its stellar 2016 national television contract begat not just one great deal but dozens for top players and even mediocre ones. But now that the boom year has passed, players’ expectations are bouncing up against reality. Charging ahead In October 2014, just about … Read More 

Redoing the deal: Lessons from the NAFTA renegotiations

Posted by & filed under Dealmaking.

During the 2016 presidential campaign, then-candidate Donald Trump blamed the trilateral North American Free Trade Agreement (NAFTA) among Canada, Mexico, and the United States for the U.S. trade deficit with Mexico and lost American manufacturing jobs. Upon taking office, Trump said he was determined to either renegotiate NAFTA or walk away from the pact. Mexican president … Read More 

Learn How to Detect Lies in Negotiation

Posted by & filed under Daily, Negotiation Skills.

Whether we like it or not, negotiators often lie. Researchers have found that while most of us are generally aware of this fact, few of us are adept at detecting actual lies in negotiation. In two studies, Maurice E. Schweitzer and Rachel Croson of the Wharton School at the University of Pennsylvania move beyond the challenge … Read More 

Why First Impressions Matter in Negotiation

Posted by & filed under Negotiation Skills.

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 

10 Popular Business Negotiation Articles

Posted by & filed under Business Negotiations.

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 aimed at creating win-win scenarios for each party at the negotiation table. 1. … Read More 

Teach Your Students Dispute Resolution for Their Everyday Lives

Posted by & filed under Teaching Negotiation.

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

Need Some Negotiating Help? In the future, ask your phone

Posted by & filed under Negotiation Skills.

Today, many people use “virtual assistants,” such as the iPhone’s Siri or Amazon’s Alexa, to perform simple tasks and provide answers to straightforward questions. So-called chatbots, or bots, grease the wheels of everyday life by giving directions, looking up arcane facts, providing customer service, and much more. The best bots can also carry out lengthy conversations … Read More 

At work, negotiate your way to leadership success

Posted by & filed under Negotiation Skills.

In 1994, the Walt Disney Company faced an unexpected succession decision after its president and CEO, Frank Wells, died in a helicopter crash. Disney chairman and CEO Michael Eisner believed his longtime friend Michael Ovitz, the founder and majority owner of successful Hollywood talent firm Creative Artists Agency, or CAA, as it is known, was … Read More 

Unlocking cross-cultural differences in negotiation

Posted by & filed under International Negotiation.

Hollywood film executives are known for being savvy negotiators, but they seem to have met their match over the past year as they struggle to renegotiate terms for showing American films in China. Back in 2012, Xi Jinping, then China’s vice president, and then–U.S. vice president Joe Biden negotiated a deal governing the distribution of American … Read More 

A Criminal Plea Bargain Simulation

Posted by & filed under Daily, Negotiation Skills.

The Teaching Negotiation Resource Center (TNRC) at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. State v. Huntley is a two-party criminal plea bargain negotiation between a prosecutor and a public defender for a man charged with aggravated rape. Criminal Plea Bargain Scenario: Two police officers on routine patrol were … Read More 

The Risks and Pitfalls of Stonewalling in Negotiations

Posted by & filed under Negotiation Skills.

Contract negotiations between Jason Pierre-Paul and the New York Giants demonstrates the hazards of intentionally stonewalling your counterpart in negotiations. A successful defensive end with the Giants since 2010, Pierre-Paul was renegotiating his contract after a couple of mildly disappointing seasons. The Giants’ offer of a “franchise tag” designation did not sit well with Pierre-Paul, … Read More