Question: Lately I have been hearing a lot—both in the news and on the job—about companies using contingencies in contracts. Given that I sometimes negotiate deals that entail a lot of risk regarding how future events will play out, I am interested to know how contingencies work and how I might use them.
… Read Contingency Contracts in Business Negotiations 
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Managing Multiparty Negotiations
If you’re in a negotiation with many parties who have varying positions, it may be tempting to join a coalition with parties who share at least some of your goals. But should you join one?
… Read Managing Multiparty Negotiations
Negotiation Techniques To Get New Business Partnerships Off on the Right Foot
“A huge mistake.” “A shot in the dark.” “An audacious move.” Those are a few of the media’s characterizations of wireless carrier AT&T’s acquisition of media and entertainment firm Time Warner, announced on October 22, 2016, for $85.4 billion.
… Read More
Dealmaking: Secrets of Successful Dealmaking in Business Negotiations
Discover how to boost your power at the bargaining table in this free special report, Dealmaking: Secrets of Successful Dealmaking in Business Negotiations, from Harvard Law School.
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The Winner’s Curse: Avoid This Common Trap in Auctions
Imagine that a professor shows a jar full of coins to his class and announces he’s auctioning it off. Students are told they can write down a bid and that the highest bidder will win the contents in exchange for the money he or she bid. After everyone has written down their bids, the professor … Read More
Sales Negotiations: How to Get To Win-Win
In this Special Report, we offer expert advice to help you close your most important sales negotiations.
… Read Sales Negotiations: How to Get To Win-Win
Understanding Exclusive Negotiation Periods in Business Negotiations
The clearest method for achieving exclusivity in negotiation is an exclusive negotiation period during which both sides agree not to talk to third parties, even if approached unexpectedly by others. In some arenas, these terms are called no-talk periods.
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The Benefits of Coalitions at the Bargaining Table
Labor unions may be the most obvious example of a negotiating coalitions. When a company negotiates with an employee individually, it could threaten to hire someone else in the face of the employee’s demands. By contrast, when employees bargain collectively through a union, they avoid the need to compete against one another (at least on … Read More
Negotiating Skills: Learn How to Build Trust at the Negotiation Table
In this article some negotiating skills and negotiation tactics for building trust with your counterpart are presented.
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Managing Expectations in Negotiations
Successful negotiators work hard to ensure that when they and their counterpart leave a negotiation, both sides feel satisfied with the agreement. Why should you care whether the other side is pleased with negotiations or not?
… Read Managing Expectations in Negotiations
Bidding in an International Business Negotiation: Euro-Idol
Euro-Idol is a four-party, two-round international business negotiation over the selection of the host country and city for the upcoming Euro-Idol music competition. In this bidding simulation from the Teaching Negotiation Resource Center (TNRC), cities must place bids to host the Euro-Idol competition, and therefore gain the economic benefits that come with hosting such a … Read More
How to Create Win-Win Situations
In business negotiation, a win-win agreement may be the ultimate goal, but it can sometimes prove elusive. Here, we offer four strategies from experts at the Program on Negotiation at Harvard Law School on how to create win-win situations in even the trickiest negotiations.
… Read How to Create Win-Win Situations
Negotiation Skills in Business Negotiation and Status Consciousness
Before and during your negotiation, think about who you’ve chosen as a reference group against which you measure yourself. Did you select the group purely to enhance your own status, or did you try to make a more appropriate comparison? What are your negotiation skills in business communication?
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The Best New Simulations
Looking to update your curriculum with innovative new simulations? Check out these new simulations from the Teaching Negotiation Resource Center (TNRC).
Discord at the Daily Herald – New Simulation
This two-party, three-hour, multi-issue negotiation is between the co-owners of the Daily Herald newspaper over how to resolve ongoing management issues and implement structural reforms in the face … Read The Best New Simulations
M&A Negotiation Strategy: Dealing with an Unpredictable Counterpart
In the high-stakes world of mergers and acquisitions (M&As), negotiation missteps can amplify into disasters, and lucky breaks into triumphs. As a result, there is much that business negotiators can learn from stories of M&A negotiation strategy in the news.
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How to Find the ZOPA in Business Negotiations
In business negotiation, two polar-opposite errors are common: reaching agreement when it wouldn’t be wise to do so, and walking away from a mutually beneficial outcome. How can you avoid these pitfalls? Through careful preparation that includes an analysis of the zone of possible agreement, or ZOPA in business negotiations.
… Read How to Find the ZOPA in Business Negotiations
Win-Win Negotiation: Managing Your Counterpart’s Satisfaction
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.
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3-D Negotiation Strategy
Here are some negotiating skills and negotiation tactics from 3-D negotiation by James Sebenius and David Lax.
… Read 3-D Negotiation Strategy
Teaching with Multi-Round Simulations: Balancing Internal and External Negotiations
Whether in business, law, or international diplomacy, many negotiations are actually comprised of a multi-round process with negotiations internal to the organization preceding external ones. Using multi-round negotiation simulations can help students understand the connection between internal and external negotiations, handle more complex scenarios, and better get into their roles. Engaging in a multi-round negotiation … Read More
Winner’s Curse: Negotiation Mistakes to Avoid
Imagine that at the beginning of class, a professor produces a jar full of coins and announces that he is auctioning it off. Students can write down a bid, he explains, and the highest bidder wins the contents of the jar in exchange for his or her bid.
… Read Winner’s Curse: Negotiation Mistakes to Avoid
Right of First Refusal: A Potentially Win-Win Negotiation Tool
Looking for ways to get more value out of your sales negotiations? You may be able to do so by negotiating a right of first refusal. A right of first refusal, also known as a matching right or right of first offer, is a contractual guarantee that one party to a business deal can match … Read More
Amazon–Whole Foods Negotiation: Did the Exclusive Courtship Move Too Fast?
In the Amazon–Whole Foods negotiation, an insistence on exclusivity led the two parties to quickly get down to business. But speed may have led them to overlook an important factor: culture.
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Salary Negotiations in the NBA and Beyond
In negotiation, one great deal can beget another. For the National Basketball Association (NBA), its stellar 2016 national television contract begat dozens of stellar salary negotiations for top players and even mediocre ones. But after the boom year passed, players’ expectations bounced up against reality. The story, which could repeat itself after the next TV … Read Salary Negotiations in the NBA and Beyond
Beware the Winner’s Curse in Auctions
In 2017, Amazon announced it was taking bids from cities interested in being the site of its second headquarters, known as HQ2. The online behemoth said it would be investing $5 billion in a campus and creating 50,000 well-paying jobs. Cities and regions across North America snapped to attention, and Amazon received 238 proposals.
… Read Beware the Winner’s Curse in Auctions
How To Avoid a Business Contract Bidding War
Back in 2014, Nike was the undisputed king of superstar endorsements, dominating the field by paying top talent millions for the right to sell lines of collectible shoes in their names. But sportswear and footwear supplier Under Armour made a bold play to change the landscape. Basketball star Kevin Durant, then of the Oklahoma City … Read How To Avoid a Business Contract Bidding War
15 Top Business Negotiations
Looking for negotiation examples in business to learn from—both mistakes to avoid and best practices? Here’s a list of 15 notable business negotiations from recent years.
… Read 15 Top Business Negotiations
Taking the Plunge: How a Controversial Business Partnership Agreement was Born
“A huge mistake.” “A shot in the dark.” “An audacious move.” Those are just a few of the media’s characterizations of the business partnership agreement between wireless carrier AT&T and media and entertainment firm Time Warner (now known as WarnerMedia). It was the biggest merger of 2016, with $85.4 billion in cash and stock transferring … Read More
Emotions in Negotiation—Insincere and Real
When preparing for negotiation, we often overlook the role that our emotions and our counterpart’s emotions might play in the process. Two studies offer insights into aspects of emotions in negotiation: the risks associated with faking emotions and the anxiety that often accompanies making the first offer.
… Read Emotions in Negotiation—Insincere and Real
In Negotiauctions, Try a Game-Changing Move
Often in business negotiations, we must compete not only with a counterpart across the table but also with others fighting for the same deal. A procurement officer may announce to a longtime supplier that she is putting their contract up for an auction. Or bidders for a company might be invited to negotiate elements of … Read In Negotiauctions, Try a Game-Changing Move
Using Integrative Negotiation Techniques to Close the Deal
Like a contingency, a condition to a deal is a related though far less common deal-structuring technique. A condition is an ‘if’ statement like a contingency, but, whereas a contingency depends on unknown future events, a condition is entirely within the control of the parties involved.
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Business Negotiation Strategies for Managing the Tension Between Claiming and Creating Value
When it comes to great business negotiation strategies, there’s no better example than the cast of Friends in their heyday.
David Schwimmer, the actor who played Ross on the hit NBC sitcom Friends, famously convinced the show’s five other leads in the early years of its run to negotiate their contracts with NBC as a team. … Read More
Win Win Negotiations: Can’t Beat Them? Join a Coalition.
This negotiation case study demonstrates the power of coalitions to achieve objectives at the bargaining table. How can negotiators cooperate with bargaining counterparts to create value for both sides? Here is the strategy used by Wyoming ranchers to achieve just that.
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Business Negotiation Examples: Choose the Best Kind of Auction
There are many business negotiation examples involving auctions. Suppose you’ve weighed the pros and cons of selling an asset via auction or negotiation and decided an auction is the best choice. What kind of auction should it be?
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Dear Negotiation Coach: How Should I Handle an Early Offer Negotiation?
In a hot real estate market, sellers may find themselves determining the best way to engage in an early offer negotiation. We asked Leslie John, the Marvin Bower Professor of Business Administration at the Harvard Business School, to answer a question regarding this topic.
Q: I’m selling my house in a seller’s market. As is the … Read More
Business Negotiation Skills: How to Deal with a Failing Business Partnership
It had seemed like the beginning of a fruitful relationship. In April 2012, six wealthy businessmen teamed up to buy the Philadelphia Inquirer and several affiliated businesses for $61.1 million, promising to work together to reverse the newspaper’s flagging fortunes. Their infusions of cash and appointment of a Pulitzer Prize–winning reporter, William K. Marimow, as … Read More
Ask A Negotiation Expert: Trends in Merger and Acquisition Strategies
We recently spoke with Guhan Subramanian, the Joseph H. Flom Professor of Law and Business at Harvard Law School and the H. Douglas Weaver Professor of Business Law at Harvard Business School, regarding trends in merger and acquisition strategies and how that’s impacting negotiations.
Negotiation Briefings: In your research, you’ve found that the way in which … Read More
Dealing with Difficult People and Unethical Negotiation Tactics
The fallout from unfair and ill-advised negotiated agreements can reverberate for years to come, as the City of Miami learned from its 2009 stadium deal with former Florida Marlins owner Jeffrey Loria. The story highlights aspects of dealing with difficult people, including their threats, questionable claims, and other potentially unethical negotiation tactics.
The Great Switcheroo
Back in … Read More
Negotiation Research You Can Use: Moving from In-Person to Online Mediation
Laptops, smartphones, databases, and project-management software have become common tools of the negotiation trade. Meanwhile, even as online dispute resolution has risen in popularity, online mediation remains elusive, with mediation being a largely technology-free zone, with smartphones often turned off and tucked away.
“The field of mediation has proved surprisingly resistant to technological influence, an island … Read More
How To Counteract Deceptive Tactics in Negotiation
In the fall of 2017, Amazon created a stir when it announced it was taking bids from North American cities and regions interested in hosting its second headquarters, known as HQ2. Driven by the promise of 50,000 jobs and a $5 billion campus that Amazon promised would be the “full equal” of its main campus … Read More
New International Negotiation Simulations: Teaching International Negotiation with Current Global Dynamics
With the spread of a global pandemic, climate crisis, and the war on terror, resolving international conflicts has become increasingly complex. Training to address these difficult global conflicts must also reflect the modern issues and dynamics that face the international community. The Teaching Negotiation Resource Center (TNRC) has several new international negotiation simulations that reflect … Read More
Coping with Conflicts of Interest in an Offer Negotiation
This famous offer negotiation illustrates how negotiators and other decision makers sometimes have the difficult task of remaining impartial when facing a conflict of interest. The actions of the special committee of Dell’s board as the company’s CEO and founder, Michael Dell, moved forward with a leveraged buyout suggest precautions you can take when navigating … Read More