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


brainstorming

A free-flowing session in which ideas for solutions are generated by both parties. Ideas should not be evaluated during the brainstorming session, and parties should not take ownership of ideas. The goal of a brainstorming session is to liberate those at the table to suggest ideas. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 37-38)

The following items are tagged brainstorming

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Principled Negotiation: Focus on Interests to Create Value

Posted by & filed under Negotiation Skills.

Principled Negotiation

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 

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Hydropower In Santales

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

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Teflex Products

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Lawrence Susskind and James Lawrence Five-party, multi-issue negotiation among representatives of a pharmaceutical company, a medical drug manufacturer, and three consumer organizations over the delayed release of a new drug … Read More 

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

Posted by & filed under International Negotiation.

diplomatic negotiations

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

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Mountain View Farm

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

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Lake Wasota Fishing Rights

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

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Mediation Training: What Can You Expect?

Posted by & filed under Mediation.

mediation training

Organizations have long recognized the value of hiring professional mediators to help resolve disputes. More and more, managers have begun to also see value in securing mediation training for themselves and their employees. Although there are times when the services of an unbiased, professional mediator are needed, there may also be instances in which employees … Read More 

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Humboldt

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Lawrence Susskind Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant … Read More 

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Fresh Air

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Candace Modlin and Robert C. Bordone Two-party or two-team, multi-issue, integrative/distributive negotiation between representatives of a new low-cost airline and a potential headquarters city over an incentives package and airport facilities … Read More 

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Bankruptcy Multiparty Negotiation Simulation

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

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How to Deal with Difficult People

Posted by & filed under Dealing with Difficult People.

how to deal with difficult people

We’ve all met them: people who prefer competition over collaboration, stonewalling over problem solving, tough talk over active listening. Think of the boss who refuses to allow you time off to help an ailing relative, or the potential customer armed with a “nonnegotiable” proposal. When considering how to deal with difficult people, we tend to write … Read More 

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Negotiating Indigenous Land Rights

Posted by & filed under Teaching Negotiation.

Indigenous Land Rights

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

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Business Negotiation Techniques and Dealmaking – Bargaining with Agents

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Managing a Multiparty Negotiation

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

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Negotiation Skills: Are You Sure You’re Sharing?

Posted by & filed under Negotiation Skills.

If you’ve ever been annoyed by a negotiation counterpart who can’t seem to remember your interests and priorities, it could be that your communication skills, not his poor memory, are to blame. Negotiators typically aren’t as transparent as they think they are. In some cases, we think we’re revealing more information to the other side … Read More 

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The Deal is Done – Now What?

Posted by & filed under Conflict Resolution.

At last, the deal is done. After 18 months of negotiation, eight trips across the country, and countless meetings, you’ve finally signed a contract creating a joint venture with a Silicon Valley firm to manufacture imaging devices using your technology and their engineering. The contract is clear and precise. It covers all the contingencies and has … Read More 

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Does the majority really rule?

Posted by & filed under Negotiation Skills.

When a group of people are negotiating, what’s the best way to arrive at a decision? Ever since U.S. general Henry M. Robert published Robert’s Rules of Order in 1876, groups have relied on the principle of majority rule, measured with a simple yea or nay vote at the end of the negotiation process. Majority rule … Read More 

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Get Ready for Team Talks

Posted by & filed under Daily, Mediation.

Adapted from “Strength in Numbers: Negotiating as a Team,” by Elizabeth A. Mannix (professor, Cornell University), first published in the Negotiation newsletter, May 2005. The widespread belief in “strength in numbers” suggests that having more players on your team should be a benefit, not a burden. But this belief can lead team members to underprepare … Read More 

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Negotiating Across Borders

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Hidden Roadblocks in Cross-border Talks,” by James K. Sebenius (professor, Harvard Business School), first published in the Negotiation newsletter, September 2009. Imagine you are leading a team that will soon be negotiating for the first time in several foreign countries. You’ve researched likely cultural factors, such as differences in etiquette or risk taking, while … Read More 

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A Closer Look at Collective Bargaining

Posted by & filed under Business Negotiations, Daily.

Adapted from “Innovation in Labor Relations,” first published in the Negotiation newsletter. In 2004, a team of MIT and Harvard researchers published a study of a bold initiative by health-care giant Kaiser Permanente and its many unions to restructure their relationship. Given the recent spotlight focused on collective bargaining, beginning with a very public battle in … Read More 

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What to do When the Ink is Dry

Posted by & filed under Business Negotiations, Daily.

dispute resolution

Adapted from “The Deal Is Done—Now What?” by Jeswald W. Salacuse (professor, Tufts University). First published in the Negotiation newsletter. At last, the deal is done. After 18 months of negotiation, eight trips across the country, and countless meetings, you’ve finally signed a contract. It’s clear and precise. It covers all the contingencies and has … Read More 

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Dealing with pharmaceutical delays

Posted by & filed under Business Negotiations, Daily.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Teflex Products is a five-party, multi-issue negotiation among representatives of a pharmaceutical company, a medical drug manufacturer, and three consumer organizations over the delayed release of a new drug. SCENARIO: Midland Pharmaceutical Company has developed Renaid, a breakthrough drug that … Read More 

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Expanding the farm

Posted by & filed under Daily, Negotiation Skills.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises.  Mountain View Farm is a two-party, multi-issue integrative negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor’s land. SCENARIO: A Vermont farmer somewhat interested in the possibility of expanding activities … Read More 

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Winners of Harvard Law School’s 57th annual Williston Competition Announced

Posted by & filed under Daily, News.

Winners of Harvard Law School’s 57th annual Williston Competition, Harvard’s annual contract negotiation and drafting competition for first-year law students, were announced on Monday, April 5. This year’s winners were: Best Contract Overall: Russell Herman, David Roth, Kristi Jobson and Aaron Dalnoot Best Representation of Save Our Square: Fentress Jamal Fulton and Betny Townsend Best Representation of McMillin’s: Adam … Read More 

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Pick the Right Agent

Posted by & filed under Business Negotiations.

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