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collective bargaining

The process of many discreet individuals coming together to pursue an interests-based goal as a class or group of people rather than as individuals. This is effective in increasing the individual’s bargaining power and is typically employed where there are power imbalances.

The following items are tagged collective bargaining:

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

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

Collective Bargaining at Central Division

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

Labor Relations: Negotiating Collective Bargaining Agreements

Posted by & filed under Teaching Negotiation.

Contract bargaining in labor relations is one of the most complex areas of negotiation and dispute resolution. There are rarely clear cut or mutually agreed upon notions of what a fair salary and benefits package would be, so employers and workers, either individually or collectively, often find themselves at odds. Furthermore, contract bargaining in a … Read More 

John & Mary

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

What is an Arbitration Agreement?

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

Hidden Conflict in Organizations Uncovering Behind-the-Scenes Disputes

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

5 Dealmaking Tips for Closing the Deal

Posted by & filed under Dealmaking.

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

Welding Connection

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

Contract Negotiations in the Building Trades

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

Union Strikes and Dispute Resolution Strategies

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When a conflict looms, it can be tempting for each side to try to make unilateral decisions on key issues because of the belief that negotiations with the other side will be a dead end. This dispute resolution strategy may pay off in the short term, but it’s important to factor in the long-term costs … Read More 

Brachton Collective Bargaining Exercise

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

Ad Sales, Inc.

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

What is BATNA?

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

Facing controversy? Don’t forget to negotiate

Posted by & filed under Conflict Resolution.

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

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

Posted by & filed under Business Negotiations.

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

Crisis Negotiations: After the West Coast Ports Conflict, Damage Remained

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No one wants to engage in crisis negotiations. When parties need to hurriedly work out a solution to a shared problem, time is short, tempers are frayed, and the disaster is looming. Feeling they’ve exhausted good-faith bargaining, parties in crisis negotiations may believe they face an impossible choice between caving in to the other side’s … Read More 

Beating the Odds in Difficult Negotiations

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Sometimes our negotiation goals seem manageable, such as securing an annual raise or reeling in a new client. At other times we shoot for the moon, aiming to change deeply ingrained practices or to get much more from our counterparts than they want to give. When we set high goals, choices about our negotiating behavior … Read More 

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 More 

Dealmaking: Don’t Wait for Them to Blink

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In labor disputes and dealmaking, negotiators on both sides are likely to overestimate the odds that the other side will view their proposals as fair. In fact, however, self-serving perceptions of what constitutes a fair settlement can cause negotiators to remain miles apart. These factors appear to have come into play when the National Hockey … Read More 

In negotiations with rookies, the NFL takes control

Posted by & filed under Dealmaking.

At one point or another, most of us have found ourselves in the midst of a chaotic negotiation process—one that takes much longer than hoped for, creates a great deal of stress, and squanders resources. Now imagine having to face multiple such negotiations annually. For many years, that’s the situation National Football League (NFL) teams were … Read More 

Secret Agent Man: Should You Keep Your Deal Private?

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President Obama recently surprised the world with the outcomes of three high-profile negotiations. We look at the pros and cons of a clandestine approach. In Washington, D.C., press leaks and rumors are practically the local currency. Secrets frequently explode into the public eye, and key negotiations sometimes seem to unfold on parallel tracks—in the media and … Read More 

Dealing with Difficult People: Tackle Tough Issues Together

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When a difficult negotiation such as a labor contract renegotiation looms, it can be tempting for each side to try to make unilateral decisions on certain issues because of the belief that negotiation with the other side will be a dead end. This strategy may pay off in the short term, but it’s important to … Read More 

Conflict Management: Becoming a Team Player

Posted by & filed under Conflict Resolution.

Show me the money!” That refrain from the 1996 movie Jerry Maguire, shouted by a football player to his agent, continues to echo through U.S. professional sports negotiations today. A public arena, enormous piles of cash, and even bigger egos combine to make sports negotiations a unique context. Yet anyone who has negotiated through agents, … Read More 

A winning pitch?

Posted by & filed under Salary Negotiations.

Under the terms of the Major League Baseball (MLB) 2011 collective bargaining agreement, the New York Yankees, known for their deep pockets, faced incentives to break with tradition and keep their 2014 payroll under the league’s luxury tax threshold of $189 million. Thanks to its habitual sky-high spending, the team faced a 50% league tax on … Read More 

To Improve Your Negotiation Skills, Learn from a Pro

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On February 16, in the midst of the National Basketball Association’s (NBA) All-Star weekend, members of the National Basketball Players Association (NBPA) unanimously voted to oust Billy Hunter as the union’s executive director. “This is our union and we have taken it back,” National Basketball Players Association president Derek Fisher said, as reported by ESPN.com. Fisher … Read More 

Leading Horses to Water

Posted by & filed under Negotiation Skills.

The hardest step in negotiation is often the first. Costly lawsuits can drag on it everyone is afraid to be the first to blink. Prospective buyers and sellers can waste endless hours dancing around a possible deal. And in collective bargaining, labor and management teams sometimes paint themselves into corners by refusing to negotiate “matters … Read More 

Successful negotiation strategies lead to bright future for 2011 Stanley Cup Champion Boston Bruins

Posted by & filed under Business Negotiations, Daily.

As Zdeno Chara, the captain of the Boston Bruins, hoisted the Stanley Cup at the conclusion of the 2011 Stanley Cup playoffs, fans could celebrate with abandon, secure in the knowledge that their star defenseman will be wearing black and gold through the 2017-2018 season. Without the last minute contract extension signed days before … Read More 

Bringing Mediators to the Bargaining Table

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Mediation in Transactional Negotiation,” first published in the Negotiation newsletter, July 2004. We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining bogs down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multidoor courthouses encourage litigants to mediate before incurring the costs—and risks—of going to trial. Scott … Read More 

Negotiating for the Long Haul

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Adapted from “Take the Long View,” by Kimberly A. Wade-Benzoni (professor, Duke University), first published in the Negotiation newsletter, April 2006. Negotiators often overlook the long-term consequences of various issues on the table. Amid the pressures to meet short-term financial targets, it’s difficult to remember that the effects of managerial decisions may be felt years, even … Read More 

A Closer Look at Collective Bargaining

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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 

How to Get to the Table

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Adapted from “Leading Horses to Water,” first published in the Negotiation newsletter. The hardest step in negotiation is often the first. Costly lawsuits can drag on if everyone is afraid to be the first to blink. Prospective buyers and sellers can waste endless hours dancing around a possible deal. And in collective bargaining, labor and management … Read More