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.


competition

An approach to negotiation that emphasizes assertiveness over empathy. Competitive negotiators have winning as a goal, and enjoy feeling purposeful and in control. They also may seek to control the agenda and frame the issues in a negotiation, perhaps resorting to intimidation or bullying to get the biggest slice of the pie. (Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello, Beyond Winning [Belknap Press, 2004], 51)

The following items are tagged competition

Daily

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

Posted by & filed under Dealmaking.

negotiations

Sometimes negotiators focus too much on the bargaining session at hand, to the detriment of bargainers away from the negotiation table, a group whose concerns and input is just as valid as those of the negotiators themselves. Here are some negotiation tips to help make sure your bargaining strategies include the voices and concerns of … Read More 

Courses and Training

Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – November 12th-14th, 2018

Posted by & filed under Harvard Negotiation Master Class.

Strictly limited to 60 participants who have completed a prior course in negotiation, this first-of-its-kind program offers unprecedented access to experts from Harvard Law School, Harvard Business School, and the Massachusetts Institute of Technology—all of whom are committed to delivering a transformational learning experience. By working closely with them, you will: … Read More 

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Solar Power

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Georg Berkel Two-party, one-issue distributive negotiation about the acquisition of a renewable energy firm … Read More 

Free Report

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How to Create Win-Win Situations

Posted by & filed under Win-Win Negotiations.

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 More 

Product

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 

Free Report

Harborco: Role-Play Simulation

Posted by & filed under Free Report.

Harborco is a consortium of development, industrial, and shipping concerns that are eager to proceed with the building of a new port, but face hurdles and potential opposition as they advance through the licensing process. The Federal Licensing Agency would like to see them work with other stakeholders to develop a project that is acceptable … Read More 

Daily

Family Business Conflict Resolution and Negotiation

Posted by & filed under Conflict Resolution.

Family Business Conflict Resolution

Business transactions between family members and friends can be difficult. Close ties are generally founded on the expectation that we’ll look out for each other’s welfare and not “keep score.” In business relationships, by contrast, we expect to be compensated based on how much effort, time, and money we expend. We’re likely to experience a … Read More 

Product

Dioxin – Waste to Energy Game

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Denise Madigan, Steve Foster, and Lawrence Susskind Six-party, multi-issue negotiation among four scientists, a city representative, and an environmentalist to develop the city’s solid waste management strategy; also known as: Dioxin: Resource Recovery. … Read More 

Free Report

Daily

Tough Topics in Negotiation: Negotiating a Non-Compete Agreement with Employers

Posted by & filed under Conflict Resolution.

Tough Topics in Negotiation: Negotiating a Non-Compete Agreement with Employers

In integrative negotiation, each side seeks to create and claim value with an eye towards the future of the negotiating relationship. One way of securing this relationship is a noncompete agreement: Employers sometimes ask potential employees to agree not to work for their competitors in the future but don’t assume such requests are nonnegotiable. … Read More 

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Negotiating with the Ministry of Health

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Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada. … Read More 

Free Report

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Product

Negotiating with Another Federal Agency

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Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada. … Read More 

Daily

Product

What To Do With Hexiglass?

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Beth Doherty and Hal Movius 3-player, non-scoreable game designed to teach the benefits of managing communication and trust in the context of a technology negotiation. … Read More 

Daily

Product

Win As Much WATER As You Can!

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Catherine Ashcraft Four-person, scoreable, prisoner’s dilemma game where players decide how to handle low water levels in 10 quick rounds; an adaptation of the case “Win As Much As You Can.” … Read More 

Daily

Salary Negotiations and How to Negotiate Performance-Based Pay

Posted by & filed under Uncategorized.

salary negotiations

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 

Product

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Oil Pricing Exercise

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Roger Fisher Two-team, scoreable, multiple round, “prisoner’s dilemma”-style negotiation between representatives of two countries over the monthly price for barrels of oil. … Read More 

Daily

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

Posted by & filed under Uncategorized.

negotiations

US Secretary of State Hillary Clinton’s indirect approach to diplomatic negotiations with the People’s Republic of China over political dissdent Chen Guangcheng demonstrates the power of adaptability at the bargaining table, especially when dealing with a counterpart from a different culture or who may speak a different language. … Read More 

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Strategic NegotiationsA Theory of Change in Labor-Management Relations

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Labor-management relations have changed dramatically in recent years. Global competition and related economic, technological, political, and institutional changes have forced the collapse of the traditional social compact—based on steadily increasing wages and benefits for workers in exchange for unchallenged managerial autonomy—underpinning the U.S. labor market. In today’s competitive environment, managers can no longer afford the … Read More 

Daily

Power in Negotiation and Self-Fulfilling Prophecies

Posted by & filed under Uncategorized.

self-fulfilling prophecies

When you expect people to be competitive, it’s not only your own behavior that changes. You also set up a self-fulfilling prophecy, such that your expectations about the other side’s behavior lead him to behave in ways that confirm your expectations. … Read More 

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Daily

Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy

Posted by & filed under Dealmaking.

business negotiators

Executives rarely view themselves as diplomats engaged in international diplomacy but business negotiators often find the two fields share negotiation skills and negotiation techniques. Rightly or wrongly, diplomacy evokes images of frivolity – days spent wandering exotic capitals, nights spent cruising embassy cocktail parties. … Read More 

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Manager as Negotiator (The)Bargaining for Cooperation and Competitive Gain

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This fine blend of Harvard scholarship and seasoned judgment is really two books in one. The first develops a sophisticated approach to negotiation for executives, attorneys, diplomats – indeed, for anyone who bargains or studies its challenges. The second offers a new and compelling vision of the successful manager: as a strong, often subtle negotiator, … Read More 

Daily

Improving Your Reputation at the Bargaining Table in Business Negotiations

Posted by & filed under Business Negotiations.

Business Negotiations

In multi-issue 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 this … Read More 

Product

Daily

Negotiation Examples: The Benefits of Coalitions at the Bargaining Table

Posted by & filed under Uncategorized.

coalitions

Labor unions may be the most obvious example of a negotiating coalition. 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 

Product

Three-Party Coalition Exercise

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Lawrence Susskind Short three-party scoreable negotiation among representatives of three organizations over the integrative and distributive aspects of a possible 2- or 3-party coalition … Read More 

Daily

In Group Negotiation, Avoid a Turf Battle

Posted by & filed under Business Negotiations.

group negotiation

In group negotiation, turf battles—heated conflicts over territory, control, rights, or power—are common. Department heads clash over scarce resources. Companies, community groups, and governments get tied up in lawsuits over undeveloped land. Across the globe, fishing groups have depleted fish stocks in their rush to catch the biggest share for themselves. … Read More 

Product

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 

Daily

Product

Social Services

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Denise Madigan Three-party scoreable negotiation among three non-profit social service providers over whether to apply for funding in a consortium of two or three; variation of Three-Party Coalition Exercise … Read More 

Daily

7 Tips for Closing the Deal in Negotiations

Posted by & filed under Dealmaking.

7 Tips for Closing the Deal in Negotiations

“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 More 

Product

Radwaste II

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Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle Six-party, multi-issue negotiation among state and local government, enviromental, and industry representatives to select one of three sites for low-level radioactive waste disposal … Read More 

Daily

Are You Ready to Negotiate?

Posted by & filed under Uncategorized.

Are You Ready to Negotiate?

“Winging it” is a fine approach to life’s minor decisions, but in negotiation, it can be disastrous. Follow these three preparation steps and improve your agreements. … Read More 

Product

Radwaste I

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Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle Seven-party, multi-issue, scoreable negotiation among regulatory, environmental, tribal, local government, and industry representatives to choose criteria for selecting a low-level radioactive waste disposal site … Read More 

Daily

Negotiation Team Strategy

Posted by & filed under Uncategorized.

negotiation team

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

Product

Neighborhood Care, Inc.

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Lawrence Susskind and Bruce Patton Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged … Read More 

Daily

Product

Daily

How to Negotiate with Friends and Family

Posted by & filed under Dispute Resolution.

negotiate with friends

“Never do business with friends,” the adage goes. But should you always stay away from an opportunity to negotiate with friends and family? A strict policy of keeping friends and family members out of our business lives would be impractical, and it could cause us to pass up potentially valuable negotiating opportunities. What special issues arise … Read More 

Product

Negotiated Rulemaking for Electric Utilities

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Jonathan Raab and Lavinia Hall Five-person facilitated negotiation among environmental, industry, public utility, and government representatives to revise a proposed rule incorporating environmental costs into electric utility rates … Read More 

Daily

Negotiation Training: Turning the Lows of Colorado’s Marijuana Laws into Highs

Posted by & filed under Uncategorized.

marijuana laws

In negotiation courses, trainees learn effective management strategies for their negotiations and how to find new negotiation opportunities at the bargaining table. Using an example from the city of Denver, Ben Markus reports for NPR’s Weekend Edition that Colorado’s recent legalization of marijuana has posed challenges to local jurisdictions in enforcing current federal law which … Read More 

Product

Monroe Energy Assistance Game I

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Allan Morgan and Lawrence Susskind Six-party, four-issue negotiation among representatives of consumer groups, political leaders, and public utilities to develop a statewide energy assistance plan for low-income residents … Read More 

Daily

Win Win Negotiations: Can’t Beat Them? Join a Coalition.

Posted by & filed under Uncategorized.

win win negotiations

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. … Read More 

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MAPO – Administration Negotiation

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Mark Gordon, Elizabeth Gray, Tim Rieser, and Lynn Gerber Two-team, multi-issue collective bargaining negotiation between three police union representatives and three municipal representatives over police salaries, benefits, and working conditions … Read More 

Daily

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Least-Cost Planning Exercise

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Clinton Andrews and Lavinia Hall Six-party, multi-issue mediation among electric utilities, consumer interests, environmentalists, and mediator with technical expertise, over the best way to meet increased demands for electricity … Read More 

Daily

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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 

Daily

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George and Martha

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Two-party integrative negotiation between representatives for a divorcing couple over the amount of child support payments … Read More 

Daily

BATNA and Negotiation Scenarios Where Alternatives are Preferable to Negotiated Agreements

Posted by & filed under BATNA.

batna

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 More 

Product

First City Bank and the Press

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Jeffrey Litwak and Lawrence Susskind Six-party negotiation among lending institution representatives, community leaders, a contractors’ association, and the mayor’s office to develop a public relations strategy and solutions to a foreclosure crisis caused by a widespread mortgage scam … Read More 

Daily

Value Creation in Negotiation

Posted by & filed under Uncategorized.

negotiation

Many people say they dread negotiating and avoid it whenever they can. Why? Typically, because they view negotiation as a competition in which one party’s gains come at the expense of the other party. … Read More 

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Ellsworth v. Ellsworth

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Frank Sander and William Ury Two-party, multi-issue negotiation between lawyers for a divorcing couple over the terms of the divorce, including alimony, child support, and income tax issues … Read More 

Daily

Bargaining at a Fever Pitch

Posted by & filed under Uncategorized.

bargaining

Have you ever won an auction only to realize later that you overbid for the prize? In competitive bidding situations, it’s easy to get carried away in the heat of the moment and overpay. The Boston Red Sox 2006 procurement of Japanese pitching phenomenon Daisuke “Dice-K” Matsuzaka offers a lesson in keeping cool in these … Read More 

Product

DirtyStuff I

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Lawrence Susskind Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product … Read More 

Daily

Salary Negotiation: How to Ask for a Higher Salary

Posted by & filed under Uncategorized.

salary negotiation

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 

Product

Daily

Notable Negotiations of 2017

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notable negotiations of 2017

Our notable negotiations of 2017 includes hits and misses from entertainment, sports, business, and especially politics, due to a new rough-and-tumble era in Washington. … Read More 

Product

Deke Slims’ Silver Dollars

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Ron Karp and Bruce Patton Three-person distributive exercise consisting of two separate two-party negotiations between the representative of an estate and two separate coin dealers over the price of a silver coin collection large enough to affect the silver market … Read More 

Daily

Top 10 Notable Negotiations of 2017

Posted by & filed under Uncategorized.

negotiation

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

Product

DEC v. Riverside

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David Lax, James Sebenius, Lawrence Susskind, and Thomas Weeks Two-party, multi-issue, scoreable negotiation between a manufacturer and a state environmental agency to reach a settlement over the manufacturer’s pollution of a local river … Read More 

Daily

Right of First Refusal for Real Estate

Posted by & filed under Uncategorized.

right of first refusal for real estate

If you are interested in buying the property you’re renting, but aren’t able to do so immediately, you may benefit by negotiating a right of first refusal from the property owner. A right of first refusal for real estate can create value for buyers and sellers alike. But what is “right of first refusal” in … Read More 

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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 

Daily

Google’s Negotiations with Groupon: How Business Negotiators Can Maximize Value Claiming When Engaging in Integrative Negotiations

Posted by & filed under Uncategorized.

negotiations

It seemed to be a match made in Internet heaven. In late 2010, Google made a $6 billion bid for Groupon, the Chicago­based company that e­mails daily coupon deals for local goods and services to consumers around the world. (If enough people sign up, the daily deal “tips,” meaning the coupons are issued; otherwise, the … Read More 

Product

Carter Estate Problem, The

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Mark Drooks, Andrew Tavel, Kenneth Hyatt, Mark Gordon, and Bruce Patton Two-party, multi-issue integrative negotiation between brothers over the settlement of their father’s estate … Read More 

Daily

Product

Cape Development Case

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Two-party real estate negotiation between a developer and a representative of the owner of a parcel surrounded by the developer’s land, over the future of both parcels … Read More 

Daily

3 Team-Building Techniques for Successful Negotiations

Posted by & filed under Business Negotiations.

team-building techniques

Newly formed teams are often encouraged or even required to engage in team-building techniques and exercises, which might range from volunteering at a nonprofit together to sharing little-known secrets about each other to building a tower out of marshmallows and spaghetti. Although such activities can be effective at building bonds and trust, they don’t do … Read More 

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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 

Daily

MESO Negotiation: Learn from a Seller’s Market

Posted by & filed under Dealmaking.

MESO Negotiation: Learn from a Seller's Market

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 More 

Product

Arms Control on Cobia

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

Daily

Announcing the 2017-2018 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships.

The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with PON’s goal of fostering the development of the next generation of scholars, this program provides support for one year of dissertation … Read More 

Product

Allies in Alexia

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The Consensus Building Institute Six-party nonscorable negotiation among nonprofit, business, and community representatives regarding the most appropriate methods for fund raising and distributions … Read More 

Daily

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Daily

When Dealmaking Breaks Down, Take the High Road

Posted by & filed under Dealmaking.

dealmaking

When a negotiation reaches an impasse, it can be tempting to use threats and punishment to try to coerce the other side into conceding. That happened in a dispute between Amazon and Hachette, one of the largest New York publishers, as reported in the New York Times. … Read More 

Product

Rushing River Cleanup

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Bruce Patton Three-party, scoreable, single-issue negotiation among three manufacturers over two- or three-party coalitions for complying with waste cleanup regulations; variation of Three-Party Coalition Exercise … Read More 

Daily

Product

Pepulator Pricing Exercise

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Mark Drooks and Mark Gordon Two-team, scoreable, multiple round, “prisoner’s dilemma”-style negotiation between representatives of two companies over the monthly price for fictional products called “pepulators” … Read More 

Daily

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Parking Facility Venture

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Three-party scoreable negotiation among three firms regarding the joint construction of an off-street parking facility; variation of “Three-Party Coalition” … Read More 

Daily

How to Manage Conflict at Work

Posted by & filed under Conflict Resolution.

How to manage conflict at work

Sooner or later, almost all of us will find ourselves trying to cope with how to manage conflict at work. At the office, we may struggle to work through high-pressure situations with people with whom we have little in common. We need a special set of strategies to calm tempers, restore order, and meet each … Read More 

Product

DirtyStuff II

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Jeffrey Litwak and Lawrence Susskind Six-person, multi-issue facilitated negotiation among industry, environmental, consumer/community, labor, and government representatives to develop single-text regulation of toxic industrial by-product … Read More 

Daily

Product

Baker & Irwin v. Department of Human Services

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Bruce Deming Two-party negotiation between attorneys for a state agency and a gay advocacy group regarding a state policy that led to the removal of two foster children from the home of a gay couple … Read More 

Daily

Product

Bamara Border Dispute

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Michael D. Landry Two-team, multi-issue negotiation between representatives of two fictional countries regarding a disputed border and a military stand-off … Read More 

Daily

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67 Fish Pond Lane

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Elizabeth Gray, Mark Gordon and Bruce Patton Two-party distributive and potentially integrative negotiation between principals over the sale of a house … Read More 

Daily

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Daily

Negotiating with Your Agent

Posted by & filed under Business Negotiations.

Toby knew that Dara was the perfect New York literary agent for him as soon as he heard her friendly, professional voice on the phone. Never mind that 17 other agents had already rejected his book proposal. Dara’s enthusiasm and recent sales convinced him to sign the three-year exclusive contract she mailed to him in … Read More 

Daily

Announcing the 2016-2017 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships.

    The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with PON’s goal of fostering the development of the next generation of scholars, this program provides support for one year of dissertation … Read More 

Daily

Negotiation Research Examines Ethics in Negotiating Scenarios

Posted by & filed under Uncategorized.

A lack of transparency regarding negotiations between hospitals and the insurers known as preferred provider organizations, or PPOs, is a key contributor to spiraling health-care costs in the United States, according to an August article in the New York Times. The problem starts with the somewhat arbitrary, sky-high prices that hospitals put on their supplies and … Read More 

Daily

Daily

Announcing the 2015-2016 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships.

The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with the PON goal of fostering the development of the next generation of scholars, this program provides support for one year of … Read More 

Daily

Daily

What Does Conflict Management Mean in Business Negotiations with Competitors?

Posted by & filed under Conflict Resolution.

They say it pays to keep your friends close and your enemies closer, but in business negotiation, keeping your enemies—or competitors—close could end you up in court, as Apple’s recent encounter with the U.S. Department of Justice suggests. The story begins back in 2007 when, unhappy with Amazon’s low, flat price of $9.99 for e-books, five … Read More 

Daily

Daily

Conflict Management Techniques: Should You Take Your Dispute Public?

Posted by & filed under Conflict Resolution.

To turn up the heat on opponents, negotiators sometimes advertise their grievances. Here’s negotiation skills advice on when it’s a good idea to be vocal—and when to keep talks private. The decision seemed nonsensical. Early on the morning of March 7, 2010, with the Academy Awards telecast just hours away, the Walt Disney Company pulled the signal on … Read More 

Daily

Pull Ahead of the Pack with a “Negotiauction”

Posted by & filed under Dealmaking.

Robert Barnett, a corporate attorney based in Washington, D.C., moonlights as a book agent for celebrity politicians—including Barack Obama, Laura Bush, and Bill and Hillary Clinton. New York editors line up to sign Barnett’s clients and, they hope, rake in blockbuster profits. Barnett’s technique is to introduce his latest superstar to the major publishing houses and … Read More 

Daily

Dealmaking: What About the Fine Print?

Posted by & filed under Business Negotiations.

Choosing the right words for your contract is a negotiation in itself. Five guidelines will help you achieve greater precision. When negotiators sign on the dotted line, they sometimes worry about the wrong concerns. “Did I overpay?” wonders the buyer as he inks the sales agreement. Across the table, the seller is thinking, “I bet if I’d pushed … Read More 

Daily

Daily

Top Ten Business Deals of 2013: Office Depot – Office Max

Posted by & filed under Dealmaking.

Office Depot’s $976 million, all-stock acquisition of OfficeMax, announced on February 20 and completed on November 5, was widely praised as an important step toward consolidating the office-supply industry, which has suffered from a glut of stores amidst competition from online retailers and declining demand for paper and ink. … Read More 

Daily

Daily

Announcing the 2013-2014 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships.

The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with the PON goal of fostering the development of the next generation of scholars, this program provides support for one year of … Read More 

Daily

Daily

Overconfidence About Future Failure or Success: Limiting Strategic Miscalculation in Business Negotiations

Posted by & filed under Uncategorized.

Over-precision doesn’t necessarily lead us to think we’re better negotiators than we actually are. Rather, it causes us to trust our initial instincts too much. Sometimes we’re actually overconfident that we’ll perform worse than others. This tendency applies to competitive situations, including negotiation. Those who underestimate their ability to be competitive usually will choose to stay out … Read More 

Daily

Daily

Accounting for Outsiders in Your Negotiations

Posted by & filed under Uncategorized.

If you’re in the middle of talks that seem to be going well, here’s a warning: consider the impact of the agreement on those who aren’t at the table, or suffer the consequences. That’s a lesson that Apple and some of the largest U.S. book publishers are currently learning the hard way. On April 12, the … Read More 

Daily

Are We in Competition?

Posted by & filed under Dispute Resolution.

Ford vs. GM. Coke vs. Pepsi. Oxford vs. Cambridge. These famous rivalries remind us that the top two achievers in a given realm often compete fiercely with each other. Now Stephen M. Garcia and Richard Gonzalez of the University of Michigan and Avishalom Tor of the University of Haifa have produced a useful series of studies … Read More 

Daily

Daily

Sizing up the competition

Posted by & filed under Business Negotiations, Daily.

Adapted from “The Ins and Outs of Making Sealed Bids,” by Guhan Subramanian (professor, Harvard Business School and Harvard Law School), first published in the Negotiation newsletter, July 2007. Imagine you’re bidding for a house against another “very interested party,” according to your real-estate agent, and the seller wants a sealed bid from you by close … Read More 

Daily

When Negotiation Trumps Procurement Auctions

Posted by & filed under Business Negotiations, Daily.

Adapted from “Negotiations versus Auctions: New Advice for Buyers,” first published in the Negotiation newsletter, August 2007. Economists have long advocated auctions as an effective means of increasing value. Yet recent research contradicts this conventional wisdom. In fact, as compared with negotiations, auctions can actually raise prices in procurement contracts. Suppliers tend to prefer negotiations because … Read More 

Daily

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 

Daily

Build Your Bargaining Endowment

Posted by & filed under Business Negotiations, Daily.

Adapted from “Want to Pull Ahead of the Competition?” by Michael Wheeler (Class of 1952 Professor of Management Practice, Harvard Business School), first published in the Negotiation newsletter, October 2005. What happens when lots of other people are selling what you’ve got, or many others are bidding for what you want? One solution to distinguishing yourself … Read More 

Daily

Negotiating for the Long Haul

Posted by & filed under Business Negotiations.

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 

Daily

Harvard Law School Hosts 2010 American Bar Association Regional Negotiation Competition

Posted by & filed under Daily, Harvard Negotiators.

Sixteen teams from nine different law schools from throughout the Northeast took part in the ABA Regional Negotiation Competition at HLS on November 13–14, 2010. Approximately 35 judges, all practicing lawyers in the Boston area, evaluated the teams and chose the winners. A team comprised of two first-year law students from Boston College Law School … Read More 

Daily

To Get Ahead, Grab Their Coattails

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Adapted from “Want to Pull Ahead of the Competition?” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter. Lots of people have great ideas for new products and services, but most lack the imagination and doggedness to actually get them launched. Darren Rovell is a notable exception. As a college student, he … Read More 

Daily

Budget turmoil inside a hospital

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How to Negotiate Under Pressure

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Negotiating Budget Cuts at Newtowne Hospital is a six-person negotiation among hospital administration and employee representatives to reach consensus on budget cuts in three departments. SCENARIO: Dr. Van Hagen, a distinguished heart surgeon, will soon join the staff at Newtowne Hospital, … Read More 

Daily

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 

Daily

When the going gets tough…

Posted by & filed under Daily.

Adapted from “Taming Hard Bargainers,” by Robert C. Bordone (professor, Harvard Law School), first published in the Negotiation newsletter. Suppose you’re about to face off with an “old school” negotiator whose reputation for hard bargaining precedes him. You know you’re supposed to adopt a collaborative approach for the best results, but what about when the other … Read More 

Daily

Announcing the 2010-2011 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships.

The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with the PON goal of fostering the development of the next generation of scholars, this program provides support for one year of … Read More 

Daily

Teams across cultures

Posted by & filed under Daily.

Adapted from “Team Negotiating: Strength in Numbers?”, first published in the Negotiation newsletter. According to conventional wisdom, when it comes to negotiation, there’s strength in numbers. Indeed, several experimental studies have supported the notion that you should bring at least one other person from your organization to the bargaining table if you can. On average, this … Read More 

Daily

Gain greater leverage with sole suppliers

Posted by & filed under Business Negotiations, Daily.

Adapted from “Negotiating with Sole Suppliers,” by David Lax (managing principal, Lax Sebenius LLC), first published in the Negotiation newsletter. Negotiators often wonder how to do business with sole suppliers who know they don’t have any real outside alternative and who take advantage of this. Without the power of a realistic best alternative to a negotiated … Read More 

Daily

Powerful Thoughts

Posted by & filed under Business Negotiations.

For many people, thinking about the role of power in negotiation can be paralyzing. In fact, the same people who are anxious about negotiating in general tend to be anxious about exerting their power during negotiation. Why? Perhaps because most of us realize that power, even when not explicitly discussed, is often the precipitating and … Read More 

Daily

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

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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 

Daily

Fine-Tuning Your Contract

Posted by & filed under Business Negotiations.

When negotiators sign on the dotted line, they sometimes worry about the wrong concerns. “Did I overpay?” wonders the buyer as he inks the sales agreement. Across the table, the seller is thinking, “I bet if I’d pushed a little harder, I would have gotten more.” … Read More 

Daily

Eyeing the Competition

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Ford vs. GM. Coke vs. Pepsi. Oxford vs. Cambridge. These famous rivalries remind us that the top two achievers in a given realm often compete fiercely with each other. Researchers Stephen M. Garcia and Richard Gonzalez of the University of Michigan and Avishalom Tor of the University of Haifa have produced a useful series of … Read More 

Daily

How to Lighten Your Burdens

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For decades, General Electric (GE) and the Environmental Protection Agency sparred over who would pay for the removal of PCBs, or polychlorinated biphenyls, that GE had discharged into New York’s Hudson River, a cleanup project expected to cost hundreds of millions of dollars. In October 2005, the two sides came to an agreement. … Read More 

Daily

You can’t fight city hall—but you can bargain with it

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Everyone has to negotiate with government sooner or later. Maybe you’re seeking a building permit for an addition on your house. Or a reduced tax penalty at the end of an IRS audit. Or permission from the state to open a charter school. Or a contract to sell software to the Defense Department. You may … Read More 

Daily

Balancing Competing Interests, Waxman Style

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What if you were Henry Waxman? Waxman, in case you haven’t been following the healthcare debate closely, is a man in the middle. The Democratic representative from California is chair of the House Energy and Commerce Committee and a famed Congressional dealmaker. As a key player in health reform, one of the most complex multi-party negotiations … Read More 

Daily

Negotiation Journal July issue focuses on mediation, multi-party negotiation, trade negotiations and curiosity

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As the use of mediation continues to grow, researchers continue to examine what makes mediators effective and what the impact of mediation is on parties in dispute. Four articles in the July 2009 issue of Negotiation Journal provide an in-depth view of mediation effectiveness, with some interesting findings. In the first article, Stephen Goldberg, Margaret Shaw, … Read More 

Daily

Sharing the market

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The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises.  The Pepulator Pricing Exercise is a two-team, scoreable, multiple round, “prisoner’s dilemma”-style negotiation between representatives of two companies over the monthly price for fictional products called “pepulators”. SCENARIO: The pepulator market is controlled by two giant … Read More 

Daily

Winners of Harvard Law School’s 56th Annual Williston Competition

Posted by & filed under Daily, Harvard Negotiators.

The winners of Harvard Law School’s 56th annual Williston competition were announced on Tuesday, April 28. The competition, sponsored by the Board of Student Advisers and organized and run by Harvard Negotiators, offers first-year students the opportunity to practice negotiation and contract drafting. Teams of two students participate in the competition which focuses primarily on … Read More 

Daily

Practice taking risks

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The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Win as Much as You Can is a four-person, simplified, iterated prisoner’s dilemma exercise. SCENARIO: This exercise is analytically similar to both the Oil Pricing and Pepulator Pricing exercises. Participants’ sole objective is to maximize their … Read More 

Daily

Why We Strike

Posted by & filed under Conflict Resolution, Daily.

What happens when disputants feel like they have invested too much in a conflict to back down? There are a number of reasons that negotiations fail and lead to protracted strikes, often to the detriment of both parties. Both sides frequently believe that their case is stronger due to overconfidence. If one side doubts the other’s claims … Read More 

Daily

Does Your Company Have to Negotiate with a Giant that Dominates Your Business Market?

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Individuals in this position often feel as though they have few if any options. In his February 2006 article in Negotiation newsletter, “Negotiating with a 900-Pound Gorilla,” MIT Professor Lawrence Susskind offers strategies for how negotiators in a weak position should deal with a seemingly all-powerful opponent. … Read More