Discover step-by-step techniques for avoiding common business negotiation pitfalls when you download a copy of the FREE special report, Business Negotiation Strategies: How to Negotiate Better Business Deals, from the Program on Negotiation at Harvard Law School.


Business Negotiations

What are Business Negotiations?

At its most basic, business negotiations are negotiations between corporate entities, their vendors, or their employees. But there is a lot beyond that.

In most of our business negotiations, we try to drive a hard bargain, giving away not a penny more than is necessary even as we strive to ensure that our counterpart is satisfied with their own outcome. However, figuring out who should get what is rarely easy, but creative solutions to problems in negotiation do exist.

For example, it’s not uncommon in business negotiations to find yourself on the brink of an 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. That’s when it helps to know how to use MESOs in negotiations.

MESOs, which stands for multiple equivalent simultaneous offers, may help you break through your deadlock and find common ground. When you present more than one offer at a time, instead of a single offer, you are likely to increase your counterpart’s satisfaction while also boosting your odds of coming to an agreement.

Research has also shed light on an important aspect of integrative bargaining strategies and business negotiations – namely, the idea of negotiation ethics and fairness when negotiating.

In most negotiations, there are three fairness norms that negotiators frequently invoke: equality (an equal split of the resources), equity (a split in proportion to input), and need (a split that favors the negotiator who could most benefit from the resources).

Approaching business negotiations with a creative mindset will not only preserve a relationship but also add significant value for both sides creating win-win solutions.

To learn more about business negotiations, discover step-by-step techniques for getting the best deal possible, when you download a copy of the FREE special report, Business Negotiation Strategies: How to Negotiate Better Business Deals, from the Program on Negotiation at Harvard Law School.

The following items are tagged Business Negotiations:

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 

In Business Negotiations, Eat Before You Negotiate

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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 

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 

Teach Your Students to Negotiate the Technology Industry

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Technology is a pervasive feature of modern life, providing countless benefits ranging from new cancer treatments to smart phones. Especially since the onset of the COVID-19 pandemic, technology has been embedded in many parts of our everyday lives. Technology can also be a source of disruption and is at the root of many disputes. Parties … Read More 

How to Balance Your Own Values in Negotiation

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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 How to Balance Your Own Values in Negotiation 

In Negotiation, Is Benevolent Deception Acceptable?

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Do you behave as honestly as possible in your negotiations? Do you view honesty as a critical attribute in your negotiation counterparts? You probably answered these questions in the affirmative: Like many of us, you view deliberate deception to be both unethical and risky. … Read More 

How to Find the ZOPA in Business Negotiations

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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 

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 

Win Win Negotiation: Managing Your Counterpart’s Satisfaction

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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 

Negotiation Skills and Bargaining Techniques from Female Executives

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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 

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 Using Body Language in Negotiation 

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

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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 

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

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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 

How to Control Your Emotions in Conflict Resolution

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To guard against acting irrationally or in ways that can harm you, authors of Beyond Reason: Using Emotions As You Negotiate Roger Fisher and Daniel Shapiro advise you to take your emotional temperature during a negotiation. Specifically, try to gauge whether your emotions are manageable, starting to heat up, or threatening to boil over. … Read More 

Negotiating the Good Friday Agreement

Posted by & filed under Conflict Resolution, Daily.

Retired US Senator George Mitchell played a critical role in negotiating the Good Friday Agreement in Northern Ireland. In an interview with Susan Hackley, Managing Director of the Program on Negotiation at Harvard Law School, in the February 2004 Negotiation newsletter, he describes how he was able to facilitate an agreement between these long-warring parties. … Read Negotiating the Good Friday Agreement 

Negotiation Challenges for Family Business Relationships

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Communication in business negotiations is important – but even more so when your counterparts and negotiating partners are family members. In this article drawn from negotiation research, the negotiation strategies for avoiding conflict and crafting win-win negotiated agreements are outlined. … Read More 

6 Bargaining Tips and BATNA Essentials

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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 6 Bargaining Tips and BATNA Essentials 

Why Negotiations Fail

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When we think of failed business negotiations, most of us picture negotiators walking away from the table in disappointment. But that’s only one type of disappointing negotiation. Failed business negotiations also include those that parties come to regret over time and those that fall apart during implementation. The following three types of negotiation failures are … Read Why Negotiations Fail 

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 Fairness in Negotiation 

Dealing with Difficult People? Negotiation Lessons from Ronald Reagan

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In recent months, U.S. President Barack Obama and other world leaders have struggled to find a winning strategy to convince Russian President Vladimir Putin to back away from his aggressions toward Ukraine. In a Wall Street Journal editorial, Ken Adelman, U.S. President Ronald Reagan’s ambassador to the United Nations and arms-control director, writes that recently … 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 

Writing the Negotiated Agreement

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Some negotiations end with a negotiated agreement that is a plan of action rather than a signed contract – for example, a plumber agrees to fix the tile damage caused by his work. Other negotiations wouldn’t be appropriate to commemorate in writing, such as how you and your spouse decide to discipline your young … Read Writing the Negotiated Agreement 

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 Techniques for Improving Your Negotiating Ability 

Famous Negotiators: Angela Merkel and Vladimir Putin

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

Using Integrative Negotiation Techniques to Close the Deal

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

7 Tips for Closing the Deal in Negotiations

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“ABC: Always Be Closing.” That’s the sales strategy that actor Alec Baldwin’s character Blake shared in the 1992 film Glengarry Glen Ross as he tried to motivate a group of real estate salesmen. In his verbally abusive, profanity-laced speech, Blake presented a ruthless model of closing a business deal that ignores customers’ needs and cuts … Read 7 Tips for Closing the Deal in Negotiations 

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 

Negotiation Analysis: The US, Taliban, and the Bergdahl Exchange

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The exchange between the United States and the Taliban of Sergeant Bowe Bergdahl for five Taliban leaders held at Guantanamo Bay, Cuba, represented the first public prisoner exchange of a US soldier in the thirteen year US involvement in Afghanistan. The background of the deal including how Private First Class Bergdahl (promoted twice to Sergeant … 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 The Pitfalls of Negotiations Over Email 

Negotiation Examples in Real Life: Buying a Home

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While many of our articles discuss negotiation theory and the latest research, sometimes it helps to discuss negotiation examples in real life when offering negotiation tips and advice. The following negotiation example is based on bargaining in real estate, a negotiation scenario many of us may face in our lifetime. … Read Negotiation Examples in Real Life: Buying a Home 

Mediation Process and Business Negotiations: How Does Mediation Work in a Lawsuit?

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How does mediation work in a lawsuit? What benefits can mediation offer businesses that deal with multiple contractual agreements, some of which may end in disputes? These questions were answered by Harvard Law School Associate Professor and negotiation expert Dan Greiner in an “Ask the Negotiation Coach” segment from our Negotiation Briefings newsletter. … Read More 

BATNA Strategy: Negotiating When Negotiation Is Not the Norm

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Many U.S. law schools are in crisis, to hear some tell it. During the recent recession, many law firms instituted mass layoffs and pay cuts, and few have fully recovered. As a result, college graduates are thinking twice about becoming lawyers, and many law schools have fewer high-quality applicants to choose from. In the past … Read More 

Business Negotiation Skills: How to Deal with a Failing Business Partnership

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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 

Value Creation in Negotiation: Capitalize on Multiple Issues

Posted by & filed under Conflict Resolution.

Between 2017 and 2019, the United Kingdom (U.K.) and the European Union (E.U.) negotiated the terms of Brexit, the U.K.’s official departure from the E.U. The talks were contentious and stalled often, ultimately being extended by six months. The trouble started even before the negotiations began, as the parties disagreed about how the process should unfold. … Read More 

Are Introverts at a Disadvantage in Negotiation?

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Are extroverts by nature better negotiators than introverts? Or are they at a disadvantage in negotiation? As we’ll see, the answer is far from decided. However, we all have clear opportunities to build on our own strengths and learn from those of others. Introversion is a personality trait marked by a desire to think through ideas … Read Are Introverts at a Disadvantage in Negotiation? 

Dear Negotiation Coach: Can Negotiation Theory Help Us Understand Our Religious Identity?

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Negotiation theory suggests you focus on interests, not positions; separate inventing from committing; invest heavily in “What if?” questions; insist on objective criteria; and try to build nearly self-enforcing agreements. But what if the negotiation is with yourself, or about your own religious identity? For example, what does it mean to be Jewish in America? What challenges … Read More 

BATNA Analysis Can Help You Avoid the Agreement Trap

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In both our personal and our business negotiations, “getting to yes” is typically the ultimate goal. Negotiation research and advice tend to focus on identifying the conditions that can help people overcome their differences, relax firm positions, and reach harmonious terms that could lead to a mutually fulfilling long-term relationship. This mindset risks downplaying the fact … Read More 

Entrepreneurs: Prepare for Challenging Conversations in Key Negotiation

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Start-ups and individual entrepreneurs often encounter challenging conversations when negotiating with potential partners and investors. When you are trying to sell others on your big idea or venture, you face the daunting challenge of convincing them that it’s worth their time, money, and effort. And even as you’re drawing on all your powers of persuasion … Read More 

Is Humor in Business Negotiation Ever Appropriate?

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Have you ever wondered if humor in business negotiation is appropriate, and when? We spoke with Alison Wood Brooks, O’Brien Associate Professor of Business Administration and Hellman Faculty Fellow in the Negotiation, Organizations & Markets Unit at Harvard Business School to find out. Imagine this scenario. You’re sitting among some of your company’s partners. Just when … Read More 

Business Skills: Make Concessions Strategically in Negotiation

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Business negotiators generally understand that to get what they want from another party or parties, they will have to give something away. But what concessions should you offer in the deal-making process, and what form should they take? New research on concession making in negotiation offers tips to add to your repertoire of business skills. Finding … Read More 

M&A Negotiation Tactics: In Discovery-WarnerMedia Deal, AT&T Tries, Tries Again

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It was a dramatic about-face. In mid-2018, AT&T finalized its $85 billion purchase of Time Warner after successfully fighting off U.S. government antitrust lawsuits. Just less than three years later, in May 2021, AT&T announced it was spinning off Time Warner, now known as WarnerMedia, after merger-and-acquisition (M&A) negotiations with media company Discovery. If approved … Read More 

Dear Negotiation Coach: What Hostage Negotiations Can Teach Any Negotiator

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Business negotiations often fail; meanwhile, hostage negotiations have an incredibly high success rate—up to 94%. We spoke with former police psychologist and hostage negotiator George A. Kohlrieser, the Distinguished Professor of Leadership and Organizational Behavior at IMD Business School in Switzerland and the author of Hostage at the Table: How Leaders Can Overcome Conflict, Influence Others, … Read More 

Why It Pays for Powerful Parties to Negotiate

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In recent years, the U.S. film industry has avoided dealing with a mounting inefficiency. Historically, theater companies have negotiated with film studios for the right to screen movies for three months before they can be released in other formats, including streaming, on demand, and DVD. Staggering the release of films in different formats has benefited studios … Read Why It Pays for Powerful Parties to Negotiate 

Tired of Liars? Promote More Ethical Negotiation Behavior

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Promoting ethical negotiation is one of the steps we can take to reduce the odds that someone will try to deceive you, and is likely to be a more fruitful strategy than trying to improve your ability to detect lies. Negotiators tend to view lies on a spectrum ranging from marginally acceptable to egregious. Certain types … Read More 

Leveraging BATNA at the Dinner Table: Negotiate Your Way to Holiday Cheer

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It’s the most wonderful time of the year, or so they say. As we look ahead to winter vacation and seemingly endless days of family celebrations, many feel a sense of dread, anticipating tensions and conflict as drearily predictable as overcooked turkey and practical gifts. Even those who look forward to family get-togethers often end … Read More 

Four Ways to Manage Conflict in the Workplace

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Samantha was livid. While making a presentation during a meeting that both attended, Brad, a newcomer in her department, had shared some slides during a presentation that were clearly based on ideas for a project she’d shared with him privately—without giving her credit. Samantha angrily confronted Brad in his office after the meeting; he became … Read Four Ways to Manage Conflict in the Workplace 

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 A Negotiation Preparation Checklist 

For a Mutually Beneficial Agreement, Collaboration is Key

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At the Program on Negotiation, we urge you to aim higher by combining such competitive value-claiming with collaborative value creation. Not because it’s the “nice” thing to do, but because it’s been proven to be the best path to a truly mutually beneficial agreement. … 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 Setting Standards in Negotiations 

In Conflict Resolution, President Carter Turned Flaws Into Virtues

Posted by & filed under Conflict Resolution.

When it comes to conflict resolution, surprisingly useful nuggets of advice come from the realm of international conflict. Take the Camp David Accords of 1978, as described minute-by-minute by Lawrence Wright in his new book, Thirteen Days in September. U.S. President Jimmy Carter made history by negotiating a peaceful end to the conflict between Israel … Read More 

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

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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 

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 

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 

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

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

Emotional Intelligence as a Negotiating Skill

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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 Emotional Intelligence as a Negotiating Skill 

Salary Negotiations and How to Negotiate Performance-Based Pay

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

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 

Understanding Your Counterpart’s BATNA

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One of the most popular questions concerning negotiation strategy and an area of negotiation research that draws heavily on negotiation examples in real life is how do negotiators identify their BATNA, or best alternative to a negotiated agreement, and even better, how do they identify their counterpart’s BATNA? Consider the saga of a company that … Read Understanding Your Counterpart’s BATNA 

How to Solve Intercultural Conflict

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The question of how to solve intercultural conflict is one of the most difficult ones facing negotiators. Misunderstandings and disputes caused by cultural differences can further complicate already challenging negotiations, whether you are doing business at home, abroad, or online. The following guidelines can help us achieve better results in cross-cultural communication and negotiation. 1. Jump-Start … Read How to Solve Intercultural Conflict 

New Conflict Management Skills: Understand How to Resolve “Hot Conflicts”

Posted by & filed under Business Negotiations.

Negotiating effectively with colleagues can be more challenging than dealing with outsiders. Conventional wisdom advises addressing team conflict by staying focused on tasks and avoiding relationship issues. Yet a case study of conflict management by Harvard Business School professor Amy Edmondson and Diana McLain Smith of The Monitory Group concludes that this approach to dispute … Read More 

Panda Diplomacy and Business Negotiations: Applying Soft Power

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In 2011, Emiko Okuyama, the mayor of Sendai, Japan, launched a business negotiation that, at the time, seemed relatively straightforward. Sendai had been devastated by the earthquake and tsunami that hit Japan earlier that year. In hopes of lifting the spirits of children traumatized by the natural disasters, Okuyama and other local officials came up … Read More 

In Business Negotiations, Dress the Part

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Negotiators involved in high-stakes mergers and acquisitions typically come to the table armored in meticulously tailored apparel and designer shoes. But as Dana Mattioli reports in a recent Wall Street Journal negotiation topics in business article, those who are trying to woo business from an apparel company often end up dressing down at the bargaining … Read In Business Negotiations, Dress the Part 

Coming Up with Win-Win Solutions at the Bargaining Table

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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 

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 5 Win-Win Negotiation Strategies 

Culture in Negotiation: Preparing for International Negotiation

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In his book How to Negotiate Anything with Anyone Anywhere Around the World, Frank L. Acuff advises readers to expect Germans to be reserved, hard bargainers who may be offended by personal questions and tardiness. Those negotiating with Chinese counterparts are cautioned to avoid direct questions and to prepare to make numerous concessions. And negotiators … Read More 

How to Counteroffer in Business Negotiation

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Imagine you’ve received a salary offer for a new job that’s less than you’d hoped for, or a client has delivered a “take it or leave it” ultimatum. While there is ample advice available to negotiators on how to make the first offer in negotiation, the question of how to counteroffer in business negotiations often … Read How to Counteroffer in Business Negotiation 

Conflict and Negotiation Case Study: Long-Term Business Partnerships and Negotiated Agreements

Posted by & filed under Conflict Resolution.

To protect the future interests of their organization, negotiators sometimes must accept fewer benefits or absorb greater burdens in the short run to maximize the value to all relevant parties – including future employees and shareholders – over time. Suppose that the operations VPs of two subsidiaries of an energy company are preparing to negotiate the … Read More 

10 Popular Business Negotiation Articles

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Here are ten popular business negotiation articles on the Program on Negotiation website. Drawn from a variety of negotiation case studies as well as negotiation research, the following articles offer strategies for engaging in integrative negotiations aimed at creating win-win scenarios for each party at the negotiation table. 1. What is the Right of First Refusal? Rights … Read 10 Popular Business Negotiation Articles 

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

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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 

Top International Negotiation Examples: The East China Sea Dispute

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

Top Negotiation Case Studies in Business: Apple and Dispute Resolution in the Courts

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In August 2012, a California jury ruled that Samsung would have to pay Apple more than $1 billion in damages for patent violations of Apple products, particularly its iPhone. The judge eventually reduced the payout to $600 million. In November 2013, another jury ruled that Samsung would have to pay Apple $290 million of the … Read More 

Business Negotiation Solutions: To Eat or Not to Eat?

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We’ve all shared a meal with a negotiating counterpart at one point or another, whether a business lunch, a working dinner, or sandwiches in a conference room. What are the advantages and potential pitfalls of combining food and drink with negotiation? Here, we offer business negotiation solutions for those who are trying to decide whether … Read More 

Conflict-Solving Strategies: The Value of Taking a Break

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Business negotiators coping with deeply entrenched conflict often feel defeated and hopeless when conflict-solving strategies fail. However, research from the world of international conflict suggests that taking repeated breaks from conflict can improve the odds of reaching agreement down the road. The research and resulting negotiation strategies may offer new hope to business negotiators. … Read More 

Corporate Negotiation Pitfalls: The Case of Facebook

Posted by & filed under Business Negotiations.

In corporate negotiation, negotiators often care most about getting the best price possible, assessing the other party’s ability to follow through, and closing the deal. Unfortunately, such business preoccupations can lead dealmakers to overlook potential ethical concerns, as current negotiations in the news often attest. Examining some of Facebook’s recent corporate negotiation mistakes, we describe … Read More 

ESL Negotiation: Avoid Confusion and Conflict

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“The language of international business,” a British executive once said to Tufts University professor Jeswald Salacuse, “is broken English.” The observation is rooted in the fact that most international business and diplomacy is conducted in English, Salacuse writes in his book Negotiating Life: Secrets for Everyday Diplomacy and Deal Making (Palgrave Macmillan, 2013). … Read ESL Negotiation: Avoid Confusion and Conflict 

Most Startups Fail. But Yours Doesn’t Have To.

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We recently interviewed Samuel Dinnar—instructor at the Program on Negotiation at Harvard Law School, global entrepreneur, and strategic negotiation advisor—about his new book, Entrepreneurial Negotiation: Understanding and Managing the Relationships that Determine Your Entrepreneurial Success. In this insightful book, Dinnar and Susskind delve into the reasons why entrepreneurs fumble key negotiations—and what they can do … Read Most Startups Fail. But Yours Doesn’t Have To. 

Negotiation Training with Heart

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In typical negotiation skills training, we are taught to get beyond our emotions and look at situations rationally. There’s merit to this approach, of course, as feelings can cloud our judgment. But consider what Lieutenant Jack Cambria, who retired in August as the longest-running head of the New York Police Department’s (NYPD’s) hostage negotiation team, … Read Negotiation Training with Heart 

Teach Your Students to Negotiate the Principal-Agent Relationship with Fie’s Agent

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Negotiate International Sports Contracts In many business negotiations, especially those involving athletes, you will find an agent negotiating on behalf of the principal party. This unique principal-agent relationship can cause challenges at the negotiating table. The agent may have different preferences from their principal party. Agents may also have different incentives from the principal. Agents may … Read More 

Negotiate International Energy Contracts with ENCO

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ENCO: Negotiating International Contracts in the Face of Political Instability Negotiating international contracts can be tricky, and unstable, especially when governments are parties in the negotiation. ENCO is a Texas-based power company that has begun to move aggressively into emerging markets. The Indian government has approached ENCO to build an electrical generating plant to increase the power … Read More 

Crossed Wires? Negotiation Games To Help Your Business Deal Sidestep Legal, Technical And Emotional Glitches

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What’s faster than the pace of technological development? The pace of lawsuits being filed about the adoption of new technologies, patent infringement, and intellectual property rights. In our modern world, professionals must be able to resolve highly challenging technology-related disputes – often before they reach the courtroom. That’s where the Program on Negotiation’s Teaching … Read More 

What is the Anchoring Bias?

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It may be the most burning question in business negotiation: Should you make the first offer? Traditionally, negotiators were advised to wait for the other side to make a first offer. According to this reasoning, the other side’s offer gives you valuable information about his goals and alternatives. More recently, however, research on the anchoring bias has … Read What is the Anchoring Bias? 

Manage Family Conflict When Business Negotiations Go Bad

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Conventional wisdom warns us against doing business with family members. Negotiations between people linked by close ties can result in hurt feelings, damaged relationships, or simply the nagging feeling that a better deal was within reach. Yet circumstances sometimes require us to negotiate financial matters with a relative. In other situations, someone close to you may … Read More 

MESO Negotiation: Learn from a Seller’s Market

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What negotiating skills can negotiators take away from hyper competitive bargaining situations? With home sales heating up (again) in some parts of the United States, homebuyers are facing competition they haven’t seen since before the real-estate bubble burst back in 2008, and it’s showing up in the form of packed open houses, multiple bids above … Read MESO Negotiation: Learn from a Seller’s Market 

Negotiation Topics in Business: Make a Bump Plan

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Regrouping from the cancellation of the 2004–2005 season due to failed labor negotiations, National Hockey League (NHL) teams and players faced the challenge of radically restructuring their collective bargaining agreement (CBA) in July 2005. The new CBA instituted a uniform cap (as well as a floor) on team payrolls. It also set maximums and minimums … Read Negotiation Topics in Business: Make a Bump Plan 

Exercising Your BATNA: When American Apparel Ousted Dov Charney

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On June 18, 2015 the board of retailer American Apparel informed the company’s controversial founder, Dov Charney, that it was ousting him from his roles as chairman and CEO. For years, Charney had fended off sexual-harrassment lawsuits and rumors of inappropriate behavior. But only when the company’s creditors grew anxious about its long-term liability did … Read More 

Top International Multiparty Negotiations: Dissent in the European Union

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A European Union summit held in late October 2013 failed to make headway toward more coordination of economic policies. Facing resistance from Germany in particular, European officials grew pessimistic regarding their odds of negotiating a deal over the next year to lay the foundation for a banking union for the 17 nations that use the … Read More 

Win-Win Business Negotiations: The Wachovia Buyout

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Changing financial and legal conditions can create and destroy wealth in the blink of an eye. How does a negotiator take advantage of such periods of change? During the financial crisis of 2008, Wachovia Corporation found itself looking for a buyer to avoid collapse while the financial industry as a whole was the grips of … Read More 

How to Deal with Outsiders at the Bargaining Table

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

Dealing with Difficult People – In and Outside of Congress

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

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

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Now it’s time to assess the best deal you might get. Figuring out the other party’s reservation price is the key to knowing how far you will be able to push him, write Deepak Malhotra and Max H. Bazerman in their book Negotiation Genius: How to Overcome Obstacles and Achieve Brilliant Results at the Bargaining … Read More 

How to Conduct a Mediation During Crisis Negotiations

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The most difficult peace negotiations in recent decades—in Ireland, the Middle East, the former Yugoslavia, and Sri Lanka—were plagued by a common enemy: violent disruptions by spoilers opposed to the peace process. In each of these cases, extremists stalled negotiations by creating security crises that divided public opinion and drove negotiators apart. … Read More 

Negotiation Research Demonstrates the Impact of Memory on Decision Making Processes in Bargaining Scenarios

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Recent negotiation research published by Psychological Science from Program on Negotiation faculty member and assistant professor at Harvard University’s Department of Psychology Joshua Greene and his colleague Elinor Amit explores the impact vivid mental imagery has on decision-making processes for negotiators. The negotiation skills insights that can be obtained from such negotiation research are many … Read More 

For Paris Climate Accord, April 22 Marks Moment of Truth

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The global climate change accord talks are some of the most interesting negotiations to have taken place in the past year. This article examines the at-the-table issues the negotiators faced with China and other world leaders in attempting to forge a negotiated agreement on climate change. … Read More 

Modest Goals Gave Hope to Syria Peace talks

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In international negotiations and other complex multiparty negotiations, should you set ambitious goals right from the start or begin with more modest ones? Aiming high can lead to dramatic payoffs if you succeed, but the difficulty of orchestrating complicated international negotiations can increase the risk of impasse. By contrast, starting with more modest goals may suggest … Read Modest Goals Gave Hope to Syria Peace talks 

Emotion in Negotiations: How to Detect Sincerity at the Bargaining Table

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Following the British Petroleum oil spill in the Gulf of Mexico in the spring of 2010, some media observers criticized President Barack Obama for seeming to be emotionally detached. Obama ultimately did display anger about the oil spill in a televised interview, only to be further critiqued on the grounds that his anger did not … Read More 

Learning from the Debates About the Debates

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There is “nothing worse than a debate about debates,” John Podesta, the chairman of Hillary Clinton’s presidential campaign, recently said in the midst of his candidate’s heated negotiations with Democratic rival Bernie Sanders about the terms of their debates. Many who participated in these negotiations would likely agree. But the debates about debates—both on the … Read Learning from the Debates About the Debates 

Forging a Global Agreement on Climate Change

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The ambitious goal of the professional negotiators who participated in the 2015 United Nations Climate Change Conference, held in a Paris suburb from November 30 through December 11, 2015, was to reach enforceable commitments from nations around the world to lower their greenhouse-gas emissions to levels that could ward off environmental disasters. At the Paris climate … Read Forging a Global Agreement on Climate Change 

In The Simpsons Dealmaking, Harry Shearer Goes Public

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How did actor Henry Shearer and the producers of the hit television show The Simpsons arrive at a win-win negotiated agreement? In this article drawn from examples of negotiation in real life, we examine the negotiations between the actor and the producers and offer insights into the bargaining strategies employed by each. … Read More 

Financial Negotiations During the Banking Crisis: Did the Mortgage Foreclosure Settlement Meet Its Goals?

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The mortgage foreclosure settlement reached by the Obama Administration and major US banks bailed out during the 2008 financial crisis illustrates the importance of an integrative negotiations approach to bargaining with your counterpart. Here are the strategies and techniques employed by each side to reach a consensus on the mortgage foreclosure settlement. … Read More 

In Business Negotiations, Capitalize on a Right of First Refusal

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As dealmakers look for more sophisticated ways to reduce risks and increase returns, a right of first refusal—a contractual guarantee that one side can match any offer that the other side later receives—has become a common and useful tool to add to your business negotiation skills.

Negotiation Skills

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Build powerful negotiation skills and become a better dealmaker and leader. Download 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.

When the mergers-and-acquisitions (M&A) boom began in 1993, many deals … Read More 

Negotiation Skills in Business Communication: Heading Off Deception

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In all types of negotiations and across all phases of the process, people can sometimes misrepresent or fail to tell the truth. Individual negotiators lie with the hope of improving their own outcomes. When negotiating his salary with the Cranbury, N.J.–based pharmaceutical marketing firm Carter-Wallace in 1997, Robert Bonczek misrepresented his prior title and salary … Read More 

Negotiation Skills in Business Communication: Status Anxiety

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Negotiation Skills in Business Communication: Campeau Corporation and Federated Department Stores Sometimes in negotiation we are forced to deal not only with the issues on the table but also with concerns about status. One famous instance took place in the late 1980s, when Robert Campeau, head of the Campeau Corporation and then one of Fortune magazine’s “50 … Read More 

When Negotiations Go Down to the Wire

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From the start, the negotiations were precarious. In late 2013, Iran agreed to temporarily freeze portions of its nuclear program and to negotiate a more comprehensive nuclear dismantlement with the United States, Russia, China, France, Germany, and Great Britain in exchange for reduced economic sanctions. The negotiations proceeded in fits and starts over the next … Read When Negotiations Go Down to the Wire 

Business Negotiation Techniques and Dealmaking – Bargaining with Agents

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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 

International Negotiation: Your Own Worst Enemy?

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Knowing how to manage your own internal conflicts before engaging in negotiations is an invaluable negotiation skill negotiators should develop prior to engaging in international negotiations, business or otherwise. … Read More 

Deal Negotiation and Dealmaking: What to Do On Your Own

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Six negotiation skills tips for negotiators seeking to creative value during their next round at the bargaining table. Business negotiators are often faced with the complex task of coordinating multiple parties – here are some tips for the individual business negotiator on how to achieve success in her next deal negotiation. … Read More 

For Conflict Resolution in Asia, A Simple Handshake Could Go Far

Posted by & filed under Conflict Resolution.

When disputes arise between international negotiators, sometimes a simple gesture of reciprocity can turn a boiling conflict into an amicable resolution. In this article the Program on Negotiation explores how a “simple handshake” between the leaders of Japan and the People’s Republic of China helped ease long-held tensions between the two countries. … Read More 

Negotiation Skills: View Your Counterpart as an Agent

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Looking for yet another way to build your power at the negotiating table? Examine the incentives of your counterpart—and then consider whether they align with those of the group she represents. In most business negotiations, notes Harvard professor Guhan Subramanian, your counterpart is acting as her organization’s representative, or agent (just as you’re acting as … Read More 

Negotiation Skills: When It’s Better to Be in the Dark

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When your agent negotiates on your behalf, it’s generally smart to have her keep you in the loop throughout the process with regular phone calls, e-mails, or meetings. But in a recent article in Poets & Writers magazine, literary agent Betsy Lerner identified conditions in which you might prefer to be uninformed. … Read More 

In business negotiations, share the wealth wisely

Posted by & filed under Business Negotiations.

After graduating from the University of Chicago’s business school in 1971, David G. Booth took what he had learned and ran with it. The firm he founded, Dimensional Fund Advisors, bases its investment decisions on the type of academic research Booth absorbed from his professors in Chicago. That scholarly approach has paid off: Dimensional Fund … Read In business negotiations, share the wealth wisely 

In United Nations International Negotiations, A Demand for Openness

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Sometimes the question of how to negotiate can be more hotly debated than the issues that come up during the negotiation itself. Who should be involved in making key decisions? Should the negotiation process be public or private? How can parties ensure that all involved feel they’ve had a voice? … Read More 

Negotiation Skills: At Pimco, a Successful Threat and an Uncertain Payoff

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In business negotiations, threats can be fraught with risk. There is the risk that a threat will escalate conflict. There is the risk that a threat will motivate a desire for revenge. And then there is the risk that your threat will work perfectly, but you’ll be unprepared for the aftermath. That last scenario may … Read More 

In Business Negotiations, Restraint Can Be Key—Even in High Fashion

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When employees leave an unsatisfying job, the feeling of relief they feel sometimes motivates them to explain their decision to whomever will listen. But that tendency can backfire and necessitate tense business negotiations, as a recent story from the world of high fashion illustrates. In November 2012, designer Nicolas Ghesquière startled the fashion world with … Read More 

Conflict Resolution: When Forgiveness Seems Elusive

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In the aftermath of events ranging from the Catholic Church’s child sexual abuse scandal to the 1994 Rwandan genocide, victims have received apologies from those who caused or perpetuated their suffering. Yet those who have been harmed are not always willing or able to forgive. In the context of business negotiations, when a counterpart apologizes … Read More 

At the Office, Conflict Management is Key

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In the workplace, misunderstandings, power struggles, and stress can cause conflict to fester and take a toll on productivity. The best organizations put in place conflict management processes and systems to confront conflict directly. Unfortunately, too many organizations fail to do so—and suffer the consequences of sweeping conflict under the rug. Take the case of Paradigm … Read At the Office, Conflict Management is Key 

Intercultural Negotiations: When Negotiators Try Too Hard

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Adapted from “Coping with Culture at the Bargaining Table,” first published in the May 2009 issue of Negotiation. Though intercultural negotiating schemas can be useful, negotiators often give too much weight to them, according to an article in the May issue of the journal Negotiation and Conflict Management Research, “Starting Out on the Right Foot: Negotiation Schemas When … Read More 

Conflict Management – What You Need to Know Before You Click “Like”

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A new conflict-management policy from General Mills, the food company behind products such as Cheerios, Bisquick, and Betty Crocker, may lead it to lose some friends on social media. The manufacturer recently added language to its website alerting consumers that they relinquish their right to sue the company simply by downloading coupons, “liking” General Mills on … Read More 

Low-Drama Negotiation Skills at the “Late Show”

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Just one week after David Letterman revealed his decision to leave his long-running talk show, the Late Show with David Letterman, CBS announced that comedian Stephen Colbert would be his replacement. The negotiations surrounding the changing-of-the-guard were remarkably business-like and calm for the tumultuous world of late-night television. Letterman debuted his show Late Night in 1982 … Read Low-Drama Negotiation Skills at the “Late Show” 

Have You Negotiated How You’ll Negotiate?

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A large pharmaceutical company was engaged in licensing negotiation with a small biotech firm over the terms of a technology transfer. When the talks reached a standstill over royalty rates, the two sides began an all-weekend marathon session. Each side came armed with supporting arguments and data, but, by Sunday afternoon, they had failed to converge toward … Read Have You Negotiated How You’ll Negotiate? 

What aren’t you noticing in your negotiations?

Posted by & filed under Business Negotiations.

Recently, a corporation that we’ll call Firm A was negotiating to give another company, Firm B, access to its intellectual property. The CEOs reached an oral agreement on deal terms, and the lawyers on both sides began drafting the formal contract. At this point, Firm B asked for the right to use Firm A’s intellectual property … Read What aren’t you noticing in your negotiations? 

International Negotiations: Challenging Multiparty Negotiations Around the Euro

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A European Union summit held in late October failed to make much headway toward better coordination of economic policies, the Wall Street Journal reports. Facing resistance from Germany in particular, European officials are growing pessimistic regarding their odds of negotiating a deal over the next year to lay the foundation for a banking union for … Read More 

Joint Fact Finding: Mapping the Territory Together

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Some might argue that confrontation is inevitable. But a wide range of collaborative efforts around the country have shown that it can be avoided. How can negotiators find their way into the trading zone quickly and easily? One proven method is joint fact finding. … Read More 

Coping with negotiator emotion, both fake and fleeting

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Following the British Petroleum oil spill in the Gulf of Mexico in the spring of 2010, some media observers criticized President Barack Obama for seeming to be emotionally detached. Obama ultimately did display anger about the oil spill in a televised interview, only to be further critiqued on the grounds that his anger did not … Read More 

Sellers: Stay out of legal hot water

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When it comes to business negotiations, you probably understand the importance of being as principled as possible to protect your reputation and ward off legal trouble. You probably expect your counterparts to follow the straight and narrow as well. Yet negotiators often have only a fuzzy grasp of which claims and strategies are legal and … Read Sellers: Stay out of legal hot water 

Former Clearinghouse Customers Speak!

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In an effort to understand more about how the former PON Clearinghouse does and doesn’t meet its customers’ needs, we interviewed a number of long-time Clearinghouse clients. We asked what teaching materials they found most valuable and for what reasons. We also asked how they found out about the former Clearinghouse and what additional teaching and … Read Former Clearinghouse Customers Speak! 

The 900-pound Counterpart

Posted by & filed under Business Negotiations, Daily.

Adapted from “Negotiating with a 900-pound Gorilla,” by Lawrence Susskind (professor, Massachusetts Institute of Technology), first published in the Negotiation newsletter. Does your company ever have to negotiate with a behemoth that dominates your market–the so-called 900-pound gorilla? Whether they’re big-box retailers with aggressive pricing strategies or well-established computer software providers, one or two companies seem … Read The 900-pound Counterpart 

Negotiating When Business and Family Collide

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Basic negotiation skills may seem easy to apply in business situations but what about when business and family collide? For example, a 69-year-old CEO of a large financial firm that has been in his family for three generations is considering retirement. He has three children who may be interested in taking over the business in addition … Read Negotiating When Business and Family Collide