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.


concessions

The things one side gives up in order to deescalate or resolve a conflict. They may simply be points in an argument, a reduction in demands, or a softening of one side’s position. (from http://www.colorado.edu/conflict/peace/glossary.htm

The following items are tagged concessions:

Sidetracked: Understanding the Psychological Barriers that Derail Negotiations

Posted by & filed under 1 Day Courses, executive training.

We all experience emotionally challenging conflicts and negotiations. Whether you are negotiating with your board or with your family, over internal resources or with external partners, as the buyer or as the seller, emotions can turn an otherwise productive negotiation into an unprofitable disaster.It does not have to be that way. In this interactive workshop, … 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 

NEW FREE REPORT! Salary Negotiations

Posted by & filed under Free Report.

Discover how to refine your negotiation skills with this free special report, Negotiation Training: How Harvard Negotiation Exercises, Negotiation Cases and Good Negotiation Coaching Can Make You a Better Negotiator, from Harvard Law School. … Read More 

Win Win Negotiation: Managing Your Counterpart’s Satisfaction

Posted by & filed under Win-Win Negotiations.

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 

Rosenberg v. Lincoln Landscaping

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Pat Aaron Three-person small claims mediation between a landscaping company and its client over a disputed bill and quality of service … Read More 

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 

When a Job Offer is “Nonnegotiable”

Posted by & filed under Negotiation Skills.

Question: I am in my final year of business school and starting to prepare for job interviews. I have heard many of the organizations that recruit on campus are not open to negotiating specific terms of employment. Rather, they offer everyone roughly the same deal terms. To what extent should I respect such conventions versus … 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 

Negotiation Skills: Building Trust in Negotiations

Posted by & filed under Negotiation Skills.

Trust in negotiations may develop naturally over time, but negotiators rarely have the luxury of letting nature take its course. Thus it sometimes seems easiest to play it safe with cautious deals involving few tradeoffs, few concessions, and little information sharing between parties. But avoiding risk can mean missing out on significant opportunities. For this reason, … Read More 

Best Negotiators in History: Nelson Mandela and His Negotiation Style

Posted by & filed under International Negotiation.

The late Nelson Mandela will certainly be remembered as one of the best negotiators in history. He was clearly “the greatest negotiator of the twentieth century,” wrote Harvard Law School professor and Program on Negotiation Chairman Robert H. Mnookin in his seminal book, Bargaining with the Devil, When to Negotiate, When to Fight. … Read More 

Bentley Convertible

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Roger Fisher and Bruce Patton Two-party distributive negotiation over the sale of a rare automobile … Read More 

Power in Negotiation: The Impact on Negotiators and the Negotiation Process

Posted by & filed under Negotiation Skills.

According to Dacher Keltner of the University of California at Berkeley and his colleagues, power in negotiation affects two primary neurological regulators of behavior: the behavioral approach system and the behavioral inhibition system. Powerful negotiators demonstrate “approach related” behaviors such as expressing positive moods and searching for rewards in their environment. … Read More 

Emotional Intelligence as a Negotiating Skill

Posted by & filed under Negotiation Skills.

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 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 

5 Tips for Improving Your Negotiation Skills

Posted by & filed under Negotiation Skills.

The prospect of boosting our negotiation skills can be so overwhelming that we often delay taking the necessary steps we can follow to improve, such as taking time to prepare thoroughly. The following five guidelines will help you break this daunting task into a series of manageable—and often essential—strategies. … Read More 

Effective Negotiation Techniques: Strive for a Precision Advantage

Posted by & filed under Negotiation Skills.

As you may have noticed, the first offer made in a negotiation often has a significant influence on the final outcome. In their research, psychologists Daniel Kahneman and Amos Tversky documented that the first number introduced in a negotiation serves as an “anchor” that can be impossible to ignore—no matter how irrelevant, outrageous, or insulting … Read More 

7 Tips for Closing the Deal in Negotiations

Posted by & filed under Dealmaking.

“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 

How to Negotiate Salary: 3 Winning Strategies

Posted by & filed under Salary Negotiations.

The question of how to negotiate salary seems to preoccupy negotiators more than any other—and with good reason, considering how dramatically even a small salary increase can impact our lifetime earnings. The following three salary bargaining tips from leading negotiation experts will help you gain more from your new-job negotiations. … Read More 

The Importance of a Relationship in Negotiation

Posted by & filed under Negotiation Training.

At the negotiation table, what’s the best way to uncover your negotiation counterpart’s hidden interests? Build a relationship in negotiation by asking questions, then listening carefully. Even if you have decided to make the first offer and are ready with a number of alternatives, you should always open by asking and listening to assess your … Read More 

Six Guidelines for “Getting to Yes”

Posted by & filed under Negotiation Skills.

In their revolutionary book Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 3rd edition, 2011), Roger Fisher, William Ury, and Bruce Patton introduced the world to the possibilities of mutual-gains negotiation, or integrative negotiation. The authors of Getting to Yes explained that negotiators don’t have to choose between either waging a strictly competitive, win-lose … Read More 

Negotiation Tactics for Bargaining with Difficult People: The Comcast Merger

Posted by & filed under Dealing with Difficult People.

If a competitive bargaining session shifts in a counterpart’s direction, your anger could send the wrong signals to your negotiation counterpart. In this instance, strong emotions portray desperation rather than strength. Here are some bargaining and negotiation tactics for dealing with difficult situations in relationships. … Read More 

Price Anchoring 101

Posted by & filed under Negotiation Skills.

Opening offers have a strong effect in price negotiations. The first offer typically serves as an anchor that strongly influences the discussion that follows. In research documenting price anchoring, psychologists Daniel Kahneman and Amos Tversky found that even random numbers can have a dramatic impact on people’s subsequent judgments and decisions. … Read More 

Famous Negotiations Cases – NBA and the Power of Deadlines at the Bargaining Table

Posted by & filed under Crisis Negotiations.

It’s a classic famous negotiations case. In the summer of 1988, National Basketball Association (NBA) team owners and players were at loggerheads over their new contract. At midnight on June 30, the owners declared a lockout, halting preparations for the start of the 1998–99 NBA season. The players and owners negotiated for six long months, … Read More 

What is Distributive Negotiation and Five Proven Strategies

Posted by & filed under Dealmaking.

Most negotiations call for very different, even opposing, skills: collaboration and competition. To get a great deal, we typically must work with others to find new sources of value while also competing with them to claim as much of that value for ourselves. Before mastering the intricacies of value creation in negotiation, it helps to … Read More 

When Not to Show Your Hand in Negotiations

Posted by & filed under Negotiation Skills.

Here, we consider four types of information that may be best kept under wraps: sensitive or privileged information, information that isn’t yours to share, information that diminishes your power, and information that may fluctuate during negotiations. Fearful of being hurt by revealing too much information, most negotiators play their facts and preferences close to the vest. … Read More 

The Opposite of Autocratic Leadership Styles

Posted by & filed under Leadership Skills.

While the advantages and disadvantages of leadership styles are not always readily apparent, one thing is certain – being decisive while avoiding autocratic leadership tactics is necessary for successful leaders and negotiators alike. Navigating these treacherous waters can be extraordinarily challenging, but it can also give rise to creative decisions that help resolve disagreements in … Read More 

How to Overcome Cultural Barriers in Negotiation

Posted by & filed under International Negotiation.

Imagine that you’re the American representative of a U.S. food company, and you’re hoping to procure a new ingredient for several of your products from a German company. A representative from the company is flying in to meet with you. Do you expect your German counterpart to behave differently than the Americans you typically deal … Read More 

How to Deal with Difficult Customers

Posted by & filed under Dealing with Difficult People.

To hear some salespeople and service representatives tell it, difficult behavior from customers is at an all-time high. Stories of demanding customers proliferate in the press and on social media, while customers likewise complain that their needs increasingly are not being met by companies focused on the bottom line. … Read More 

10 Negotiation Failures

Posted by & filed under Negotiation Skills.

Here’s a list of some of the most notable negotiation flops – from deals that were over before they started, to those that were botched at the table, to those that proved disastrous well after the ink had dried. … Read More 

How to Overcome Barriers and Save Your Negotiated Agreement at the Bargaining Table

Posted by & filed under Negotiation Skills.

Back in November 2012, Hostess Brands announced that it had failed to reach a negotiated agreement with its second-biggest union and, as a result, was permanently shutting down its operations. The news was met with dismay by baby boomers and others who had grown up with the 80-year-old company’s shelf-stable confections. But consumers had been passing … Read More 

Will You Avoid a Negotiation Impasse?

Posted by & filed under Negotiation Skills.

In the summer of 2016, Illinois became the only U.S. state in the past 80 years to go an entire year without a full operating budget, according to Reuters. It reached that dubious milestone thanks to an epic negotiation impasse between Republican governor Bruce Rauner and the Democratic-controlled state legislature. The story of the negotiation … Read More 

Conflict Management and Negotiation: Personality and Individual Differences That Matter

Posted by & filed under Conflict Resolution.

Although Elfenbein and her colleagues did find that negotiators performed at a similar level from one negotiation to the next, to their surprise, these scores were only minimally related to specific personality traits. And traits that are basically unchangeable, such as gender, ethnic background, and physical attractiveness, were not closely connected to people’s scores. A small … Read More 

Conflict Resolution Scenarios: Negotiating Values

Posted by & filed under Conflict Resolution.

The most heated types of conflict in organizations and in our personal lives often concern our core values, such as our personal moral standards, our religious and political beliefs, and our family’s welfare. Such values conflicts can escalate and intervening quickly in cases of conflict is essential. The following three conflict resolution scenarios can help … Read More 

In business negotiation, get your words’ worth

Posted by & filed under International Negotiation.

Wise negotiators put a lot of time and effort into making sure they’re ready to do business. They set ambitious goals, research their bottom line, explore their alternatives, and find out as much as they can about their counterpart. They may give less consideration, however, to the words they’ll use to persuade, question, debate, and brainstorm … Read More 

10 Notable Negotiations of 2018

Posted by & filed under Negotiation Skills.

President Trump has dominated current negotiations in the news with a bevy of deals and withdrawals from existing agreements, but business negotiations and trends also made 2018 a memorable year. Here’s our list of 10 notable negotiations of 2018… … Read More 

Leadership Styles in Crisis Negotiations

Posted by & filed under Leadership Skills.

Since the start of the global economic recession in 2008, few issues have proven as explosive as the Greek debt crisis. The Greek government’s commitment to repay billions of dollars in loans has been a source of contention with creditors ever since a sizable bailout was issued in 2010. … Read More 

When our “principles” crash up against our negotiation goals

Posted by & filed under Dealing with Difficult People.

Martin’s Beach is a hidden gem on California’s Pacific coastline. Surrounded by cliffs, farmland, and a gated community, the beach can be accessed only through a gated road located on private land. Yet, for nearly a century, surfers, fishers, and others who prized the cove’s rugged and wild beauty have had access to the beach. … Read More 

Dealing with Difficult People? Negotiation Lessons from Ronald Reagan

Posted by & filed under Conflict Resolution.

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 

The Anchoring Bias Can Get Talks off to a Strong Start

Posted by & filed under Negotiation Skills.

Should you make the first offer in a negotiation? Typically yes, abundant research on the anchoring bias suggests. What is anchoring in negotiation? In negotiations centered on price or another figure, the party who moves first typically benefits by “anchoring” the discussion that follows on her offer—even if the anchor is arbitrary. For example, the … Read More 

Negotiation Skills: Which Negotiating Style Is Best?

Posted by & filed under Negotiation Skills.

Is one negotiating style “better” than another? Most research suggests that negotiators with a primarily cooperative style are more successful than hard bargainers at reaching novel solutions that improve everyone’s outcomes. Negotiators who lean toward cooperation also tend to be more satisfied with the process and their results, according to Weingart. At the same time, … Read More 

Redoing the deal: Lessons from the NAFTA renegotiations

Posted by & filed under Dealmaking.

During the 2016 presidential campaign, then-candidate Donald Trump blamed the trilateral North American Free Trade Agreement (NAFTA) among Canada, Mexico, and the United States for the U.S. trade deficit with Mexico and lost American manufacturing jobs. Upon taking office, Trump said he was determined to either renegotiate NAFTA or walk away from the pact. Mexican president … Read More 

Why First Impressions Matter in Negotiation

Posted by & filed under Negotiation Skills.

Even when not based in reality, the expectation that someone is “tough” or “cooperative” becomes a self-fulfilling prophecy at the bargaining table. When you approach an allegedly tough competitor with suspicion and guardedness, he is likely to absord these expectations and become more competitive. … Read More 

At work, negotiate your way to leadership success

Posted by & filed under Negotiation Skills.

In 1994, the Walt Disney Company faced an unexpected succession decision after its president and CEO, Frank Wells, died in a helicopter crash. Disney chairman and CEO Michael Eisner believed his longtime friend Michael Ovitz, the founder and majority owner of successful Hollywood talent firm Creative Artists Agency, or CAA, as it is known, was … Read More 

The Risks and Pitfalls of Stonewalling in Negotiations

Posted by & filed under Negotiation Skills.

Contract negotiations between Jason Pierre-Paul and the New York Giants demonstrates the hazards of intentionally stonewalling your counterpart in negotiations. A successful defensive end with the Giants since 2010, Pierre-Paul was renegotiating his contract after a couple of mildly disappointing seasons. The Giants’ offer of a “franchise tag” designation did not sit well with Pierre-Paul, … Read More 

When Conflict Becomes a Self-Fulfilling Prophecy

Posted by & filed under Negotiation Skills.

When one party brings up the possibility of a lawsuit in a business dispute, the threat can become a self-fulfilling prophecy. Yet business negotiators often benefit from settling their disputes before going to court, write Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello in their book Beyond Winning: Negotiating to Create Value in … Read More 

Negotiation Training with Heart

Posted by & filed under Negotiation Training.

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 More 

Sales Negotiation Techniques

Posted by & filed under Business Negotiations.

In sales negotiations, making the first offer is often a smart move. The first offer can anchor the discussion that follows and can have a powerful effect on the final outcome. But if the other party makes the first offer, you’ll need to be prepared to frame your counteroffer carefully. What is framing in negotiation? It … Read More 

Negotiation Power Plays

Posted by & filed under BATNA.

Imagine yourself in the following negotiation scenarios:

You’re a chef who is having trouble finding cooks in an oversaturated restaurant market. You’re so desperate to get fully staffed that you find yourself making significant concessions on salary, scheduling, and other issues during interviews with potential hires. You are trying to sell a used piano online before an … Read More 

Setting the right table

Posted by & filed under International Negotiation.

On March 8, U.S. president Donald Trump shocked even his own White House staff when he revealed that he had accepted an invitation to meet with North Korean leader Kim Jong-un. After months of name-calling and threats between Trump and Kim, the news that the two leaders would be discussing the possibility of North Korea dismantling … Read More 

Price Negotiation Advice for Consumers

Posted by & filed under Business Negotiations.

It’s official: Price negotiations aren’t just for big-ticket items anymore. The prices of furniture, electronics, wine, jewelry, and other “medium-ticket” goods are now frequently up for discussion. The ancient art of haggling has made a comeback, so brush up on your skills with our six price negotiation tactics. … Read More 

How to Handle Difficult Customers

Posted by & filed under Dealing with Difficult People.

Every salesperson has his or her war stories: tales of difficult customers who made extreme demands and threats, tried to take advantage, or were extremely rude. Dealing with difficult customers is inevitable in the sales world, and the question of how to handle difficult customers looms large. The following three guidelines can help you stay … Read More 

How to Negotiate a Higher Salary

Posted by & filed under Salary Negotiations.

When considering how to negotiate a higher salary, job candidates often focus on back-and-forth haggling strategies. But it’s at least as important to think about our broader goals, the type of organization we’d be joining, and the best way to frame an offer. The following advice on how to bargain salary should set you up … Read More 

Carrots and Sticks: Use Both to Get the “Issue Mix” Right

Posted by & filed under International Negotiation.

In 1987, U.S. president Ronald Reagan and Soviet General Secretary Mikhail Gorbachev took early steps to end the Cold War by signing the Intermediate-Range Nuclear Forces (INF) arms control treaty in Washington, D.C. Banning all ground-launched nuclear and conventional missile systems within a certain range, the INF treaty put in place a strict monitoring system … Read More 

In Group Negotiation, Avoid a Turf Battle

Posted by & filed under Business Negotiations.

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 

Negotiation Preparation Strategies

Posted by & filed under Business Negotiations.

When an important negotiation is looming, “winging it” is never the answer. The best negotiators engage in thorough negotiation preparation. That means taking plenty of time to analyze what you want, your bargaining position, and the other side’s likely wants and alternatives. … Read More 

Ask A Negotiation Expert: In Negotiation, Communication Style Matters

Posted by & filed under Teaching Negotiation.

Is it better to appear warm or tough in negotiation? This month, Harvard Business School professor Francesca Gino, author of the forthcoming book Rebel Talent: Why It Pays to Break the Rules in Work and in Life, answers this persistent question. Negotiation Briefings: In your research, you compared whether a warm and friendly negotiating style or … Read More 

Conflict Negotiation Strategies for Business Negotiators

Posted by & filed under Conflict Resolution.

When closing a deal, new business partners are typically optimistic about the path ahead. But somewhere down the line, conflict is almost inevitable. One party may miss a deadline. The two sides may interpret contract terms differently. Changing economic conditions may make it difficult for one side to uphold its end of the deal. When a … Read More 

Negotiating group agreements that last

Posted by & filed under Crisis Negotiations.

When engaged in a complex negotiation or dispute, how should a group come to agreement? Members might separate into factions and fight to have their voices heard. They might take a vote and let the majority rule. Or they can try to negotiate their way to consensus. There are almost as many ways of making group … Read More 

Got Issues? In Negotiation, the More, the Better

Posted by & filed under Conflict Resolution.

No one expected Brexit negotiations to be simple. The talks, aimed at setting the terms of the United Kingdom’s departure from the European Union, got under way in mid-2017, with Michel Barnier representing the European Union (E.U.) and David Davis leading the U.K. delegation. Negotiators have two years to come to agreement. After a few months, the … Read More 

Success & Messes: “Chuck and Nancy” find their leverage

Posted by & filed under Dealmaking.

What’s our leverage? U.S. Senate minority leader Chuck Schumer asked himself that question continually during the congressional recess this August, he told the New York Times, following the Republicans’ multiple failed attempts to repeal the Affordable Care Act. By answering that question, Schumer and House minority leader Nancy Pelosi were able to set up their party … Read More 

Back up your offer with a strong rationale

Posted by & filed under Dealmaking.

Imagine that you are a café owner who is soliciting quotes for a redesign of your space. One of the interior designers you’ve been talking to is known for being affordable, if not innovative. But the designer’s initial estimate, $20,000, is well over your $16,000 budget for the project and, you believe, excessive. As you … Read More 

For Hollywood Writers, a Heavily Negotiated New Script

Posted by & filed under Conflict Resolution.

In its negotiations for a new contract with entertainment companies this spring, the Writers Guild of America (WGA) delivered at the bargaining table what many film and TV viewers crave onscreen: plenty of suspense and a hard-won, if imperfect, victory. The WGA, which represents more than 12,000 film and TV writers, negotiated for seven weeks with … Read More 

Bringing a Multiparty Agreement Back from the Brink

Posted by & filed under Business Negotiations.

In December 2015 in Paris, delegates from 195 nations celebrated reaching agreement on a landmark global climate accord. But a year and a half later, the future of the accord sank into doubt when American president Donald Trump revealed he was withdrawing the United States from the pact. With the move, the U.S. government joined … Read More 

How the “Party of No” Didn’t Get to Yes

Posted by & filed under Conflict Resolution.

For Republican leaders, the desire to repeal President Barack Obama’s signature health-care legislation, the Affordable Care Act (ACA), has been a unifying goal for seven years. So it was no surprise that after Donald Trump won the presidency and the Republicans retained both houses of Congress in the 2016 election, they made health-care reform their … Read More 

Beating the Odds in Difficult Negotiations

Posted by & filed under Negotiation Skills.

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 

Video: Setting the Stage for Productive Negotiations

Posted by & filed under Daily, Resources, Videos.

Understanding how to arrange the meeting space is a key aspect of preparing for productive negotiations. In this video, Guhan Subramanian, professor at Harvard Law School and Harvard Business School, discusses a real world example of how seating arrangements can influence a negotiator’s success. The discussion was held in his negotiation training workshop “Setting the … Read More 

For Price Negotiators, Preparation is the Key to Success

Posted by & filed under Dealmaking.

Some cultures have a long tradition of haggling—bargaining back and forth about the price of an item—in markets and bazaars. By contrast, in the United States and many other countries, haggling between buyers and sellers is an under-practiced skill. You might routinely pass up opportunities to haggle in situations where financial negotiations are not the … Read More 

Negotiating Controversial Issues

Posted by & filed under Crisis Negotiations.

When you’re trying to negotiate a hot-button issue, what’s the best approach to take? That was the question facing U.S. president Donald Trump as he and his administration attempted to convince the government of Mexico to fund a wall along the U.S.-Mexico border, in addition to negotiating other matters of concern to both governments. The … Read More 

Harness the Power of Popular Opinion

Posted by & filed under Negotiation Skills.

Whether we notice them or not, social norms—the rules of behavior deemed acceptable in society—have a strong influence on our behavior. We automatically lower our voices when we enter a library and raise them at football games. We arrive at work on time but show up to dinner parties half an hour late. We stop … Read More 

Dealmaking: Don’t Wait for Them to Blink

Posted by & filed under Dealmaking.

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 

Alternative Dispute Resolution: Corporate Stakeholder Engagement and Mineral Extraction in Colombia

Posted by & filed under Dispute Resolution.

Corporations around the world are being pressed by their shareholders to do a better job of taking local concerns into account when they initiate mineral extraction projects. Indeed, both stakeholders and risk managers are demanding this. Many companies are now systematically assessing the concerns of a wide range of stakeholders and seeking to demonstrate (in … Read More 

Resolving Conflicts Over Deeply Held Values

Posted by & filed under Conflict Resolution.

Astronomers consider Mauna Kea, a dormant volcano that rises more than two miles above the Pacific Ocean on the island of Hawaii, to be the premier site in the world for viewing the night sky. Due to the volcano’s high altitude and tranquil, dark nights, NASA and groups of scientists from around the globe began … Read More 

Promoting Fair Outcomes in Negotiation

Posted by & filed under Negotiation Skills.

So, you believe you’ve done everything you can do create value in your negotiation. You engaged in logrolling, making trades based on your and the other party’s different preferences on particular issues. You brainstormed new issues to add to the discussion, added a contingent contract, and proposed multiple offers simultaneously to identify which your counterpart … Read More 

Closing the Deal in Negotiations

Posted by & filed under International Negotiation.

In dealmaking, we typically devote significant time to trying to convince a counterpart of the logic and appeal of our proposals. But sometimes our role becomes a more defensive one, as our negotiation behaviors focus on trying to dissuade others from pursuing a route that we believe could be disastrous. That was the task outgoing United … Read More 

Diplomatic Negotiations to Build a Winning Coalition to Negotiate with Iran

Posted by & filed under International Negotiation.

The five permanent members of the UN Security Council plus Germany were able to arrive at a negotiated agreement with the Islamic Republic of Iran to curtail its nuclear weapons development program. Read this article to find out what diplomatic negotiation strategies were employed by the representatives from the bargaining countries and how they impacted … Read More 

In Platform Negotiations with Clinton, Sanders Was Victorious

Posted by & filed under BATNA.

With the 2016 Democratic National Convention now over, Vermont senator Bernie Sanders used the Hillary Clinton campaign’s fear of a divisive spectacle in Philadelphia to extract concessions on the party’s official platform and committee assignments. The senator’s tough dealmaking suggests an important negotiation lesson: Always know your BATNA and ZOPA in any negotiation. … Read More 

Hoping for an Uncontroversial Negotiation? Consider the Optics

Posted by & filed under International Negotiation.

January 16, 2016, was a memorable day in U.S.-Iranian relations. That day, the International Atomic Energy Agency reported that Iran was in compliance with the terms of the nuclear agreement it reached in mid-2015 with the United States, which represented Russia, China, France, Germany, and Great Britain in the talks. The news prompted the United … Read More 

Teaching Children to Self-Advocate

Posted by & filed under Leadership Skills.

DEAR NEGOTIATION COACH QUESTION: Our two young children are natural-born negotiators when it comes to getting what they want from their dad and me, but they tend to rely on us to advocate for them with those outside the house. How can I help them be effective negotiators with their friends, teachers, and others? ANSWER: We’ve all read the … Read More 

Dear Negotiation Coach: Starting Off on the Right Foot

Posted by & filed under Dealmaking.

QUESTION I’m trying to decide whether to make the first offer in a price negotiation. I’ve heard arguments in favor of both points of view—that is, going first versus sitting back and waiting for the other side to go first. Which tends to be the more effective strategy? ANSWER Negotiation is often a balancing act between learning about … Read More 

Negotiation in the News: Lessons from David Cameron’s failed Brexit negotiations

Posted by & filed under International Negotiation.

In negotiation, we typically devote significant time to trying to convince a counterpart of the logic and appeal of our proposals. But sometimes our role becomes a more defensive one, as we face the challenge of trying to dissuade another party from pursuing a route that we believe could be disastrous. That was the task outgoing … Read More 

Breaking through impasse

Posted by & filed under Dispute Resolution.

This summer, Illinois became the only U.S. state in the past 80 years to go an entire year without a full operating budget, according to Reuters. It reached that dubious milestone thanks to an epic negotiation impasse between Republican governor Bruce Rauner and the Democratic-controlled state legislature. The story of the destructive stalemate suggests lessons … Read More 

Moving beyond “us versus them”

Posted by & filed under Conflict Resolution.

Over the years, what many believe to be Jesus’s tomb in Jerusalem’s Old City has been the site of tensions that have at times escalated into violence. Inside the Church of the Holy Sepulchre, Greek Orthodox, Armenian Orthodox, and Roman Catholic communities guard the shrine surrounding the tomb, which they consider the holiest site in … Read More 

How Your Organization Can Benefit from Mediation Techniques

Posted by & filed under Mediation.

If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Read More 

How to Avoid the Negative Impact of Goal Setting: Setting Realistic Objectives in Negotiations

Posted by & filed under Negotiation Skills.

Imagine that you’re a freelance marketing consultant who is negotiating the conditions of a long-term assignment with a new client. As you think about what you will charge, you set a goal that you consider to be challenging but not impossible. The project manager balks when you first quote your rate, but you end up … Read More 

In Acrimonious Disputes, Conflict Management is Key

Posted by & filed under Conflict Resolution.

Parties to a business dispute often become so focused on beating the other party that they lose sight of their most important goals. Conflict management efforts can be even more intense and seeming insurmountable between estranged romantic partners with a history of acrimony and distrust. Consider rock star Madonna’s ongoing legal dispute with her ex-husband, film … Read More 

Using Mediation to Resolve International Disputes

Posted by & filed under Conflict Resolution.

As businesses increasingly branch out globally, they also face the possibility of broken contracts and strained relationships. Mediation can be an effective means of resolving disputes and getting business partners back on track, but do intercultural differences complicate the process? If so, how can disputants and mediators adjust? Elizabeth D. Salmon of the University of Maryland … Read More 

When negotiators discriminate based on race

Posted by & filed under Leadership Skills.

Both implicit and explicit bias can disadvantage racial minorities at the bargaining table. Here’s what to do about it. On July 14, 2015, American Honda Finance Corporation (AHFC), the U.S. financing division of Japanese car manufacturer Honda, agreed to refund $24 million to minority borrowers to settle federal investigations. AHFC was alleged to have racially discriminated … Read More 

Negotiation Research You Can Use: Women’s Leadership in Negotiation

Posted by & filed under Leadership Skills.

Numerous research studies have found that women who assertively emphasize their skills, accomplishments, or desire to lead tend to be viewed as less likable and less hirable than men who are equally assertive. Women appear to suffer from this phenomenon, known as the backlash effect, when they act contrary to gender-stereotypical expectations that they will … Read More 

Negotiation in the News: Arm’s Length Peacemaking

Posted by & filed under International Negotiation.

For 70 years, the governments of Japan and South Korea disagreed over what Japan might owe the Korean women its soldiers abused during World War II. The story of how they finally came to agreement reminds us of the importance of including all interested parties in conflict-resolution efforts. An unresolved issue During the war, tens of thousands … Read More 

Negotiation Skills for Resolving International Conflicts

Posted by & filed under Negotiation Skills.

What are the essential skills a negotiator needs to resolve conflicts abroad? How do international conflicts differ from domestic conflicts? What issues specific to bargaining across borders emerges in intercultural negotiations? In this article we explore ways in which negotiators can develop bargaining skills to overcome any barriers to communication they may encounter in negotiations … Read More 

Dispute Resolution in Job Negotiations: Repairing a Work Relationship

Posted by & filed under Dispute Resolution.

On October 15, 2012, Citigroup CEO Vikram Pandit walked into the office of the bank’s chairman, Michael E. O’Neill, expecting a routine meeting and perhaps some words of praise. The day before, Citigroup had released a favorable earnings report that suggested the bank was beginning to rebound from the financial crisis. Citi had received a … Read More 

Should You Appeal to Their Sense of Sympathy?

Posted by & filed under Negotiation Skills.

Imagine that you are about to enter into a negotiation. Unbeknown to your counterpart, the stakes are particularly high because of difficulties you are suffering behind the scenes. Maybe your organization is struggling financially and needs a break to stay in the black. Or you are planning to ask for a raise to help cover … Read More 

In Negotiations with Ben Affleck, No Appealing BATNA

Posted by & filed under BATNA.

In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. Having a strong outside alternative enables you to walk away from a deal that doesn’t meet your needs or that would compromise your vision or ethics. But when you are dealing with a negotiating partner who seems irreplaceable, … Read More 

In The Simpsons Dealmaking, Harry Shearer Goes Public

Posted by & filed under Dealmaking.

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 

The Fiscal Cliff and the Debt Ceiling: Program on Negotiation Chair Robert Mnookin Discusses Recent and Future Negotiations Between Congressional Republicans and the White House

Posted by & filed under Conflict Resolution.

What methodology was driving the posturing and statements behind congressional Republicans and the Obama administration’s negotiations regarding the debt ceiling and how both sides came together to avoid going off of the “fiscal cliff.” … Read More 

Trying to Come to Terms with an Adversary?

Posted by & filed under Business Negotiations.

A string of recent deals between longtime opponents could give you the inspiration you need to reach agreement with your most difficult partners. Republicans and Democrats. North and South Korea. The United States and China. All of these pairs have a reputation for conflict, rivalry, and impasse. Yet despite their ongoing differences, each pair recently managed … Read More 

In Negotiation, Display Anger with Caution

Posted by & filed under Negotiation Skills.

Virtually all of us experience feelings of anger from time to time during our negotiations. Past research findings reassured business negotiators that their displays of anger could benefit them by conveying toughness and motivating their counterparts to make concessions. But a new research study by professors Hajo Adam of Rice University and Jeanne M. Brett … Read More 

Try a Game-Changing Move in Your Next “Negotiauction”

Posted by & filed under Dealmaking.

Increasingly in the business world, negotiators must compete not only with their counterpart across the table but also with others fighting for the same deal. A procurement officer may announce to a longtime supplier that she is putting their contract up for an auction for the first time, for example. Or competitors bidding for a … Read More 

Negotiating in the Shadow of the Law

Posted by & filed under Dispute Resolution.

Consider the different procedures used to resolve two recent disputes involving sports superstars: • In January, an Indianapolis Colts equipment manager complained that the New England Patriots had introduced underinflated footballs into their American Football Conference Championship Game to the possible benefit of Patriots quarterback Tom Brady. A controversial National Football League (NFL) investigation concluded, based … Read More 

Dear Negotiation Coach: Are You So Nice It Hurts?

Posted by & filed under Negotiation Skills.

Q: There have been a few times recently when I felt like others, including family members and colleagues, took advantage of me in negotiations. Most recently, a coworker asked me to take on some extra work but then didn’t reciprocate when I needed help. I feel it’s important to be considerate in negotiations, and it’s disappointing … Read More 

Negotiation Research You Can Use

Posted by & filed under Negotiation Skills.

Negotiators often are advised to tamp down strong emotions and behave as rationally as possible at the bargaining table, but that can be easier said than done. More realistically, negotiators need skills and tools that can help them cope with their own potentially destructive emotions and those of their counterparts. Some people come by these skills … Read More 

In negotiation, sadness can have a silver lining

Posted by & filed under Negotiation Skills.

The negotiations that surrounded the 1962 Cuban missile crisis were some of the most tense and frightening in world history. Having learned that the Soviet Union had deployed ballistic missiles to Cuba, the United States orchestrated a military naval blockade to prevent the Soviets from delivering more missiles to its strategic partner. Over the course … Read More 

Negotiation logistics: Best practices for better deals

Posted by & filed under Dealmaking.

Before the official start of the Group of 7 (G-7) economic conference in Krün, Germany, this June, U.S. president Barack Obama and German chancellor Angela Merkel took time to tour a historic village and bond over beer and sausages. At the end of their friendly stroll, Obama jokingly asked Merkel whether the G-7 talks might … Read More 

Bargaining in Bad Faith: Dealing with “False Negotiators”

Posted by & filed under Dealing with Difficult People.

We tend to forget—at our peril—that not everyone at the bargaining table wants to close a deal. Consider the following negotiations: • A competitor approaches you about a potential partnership. After a series of meetings that seemed promising, however, your counterpart stops returning your calls. You are left with the nagging suspicion that the party’s only goal … Read More 

Successes & Messes: Bare-knuckle negotiating

Posted by & filed under Business Negotiations.

Perhaps it’s no surprise that two boxers, bitter rivals, took many years to negotiate the terms of their hotly anticipated matchup. But the fact that a bout between Floyd Mayweather Jr. and Manny Pacquiao—held May 2 in Las Vegas—came together at all offers hope that even the fiercest competitors can secure a mutually beneficial agreement. Hitting … Read More 

When Negotiations Go Down to the Wire

Posted by & filed under International Negotiation.

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 More 

When armed with negotiating power, use it wisely

Posted by & filed under Business Negotiations.

The buzz of excitement that arose in February at the news that Harper Lee, author of the beloved novel To Kill a Mockingbird, would be publishing a second novel quickly turned to concern. The 88-year-old Lee, who suffered a stroke in 2007 and resides in an assisted-living facility in her hometown of Monroeville, Alabama, long … Read More 

In negotiation, are two anchors better than one?

Posted by & filed under Negotiation Skills.

Suppose you are about to negotiate the price of your used car with a potential buyer. You know that the fair market value of the car is about $5,000–$6,000. You want to make an opening offer that is aggressive but not offensive. Should you name a specific price—say, $7,000—or suggest a price range, such as … Read More 

New Findings in the Field of Negotiation: Session One

Posted by & filed under Daily, Events.

The Program on Negotiation at Harvard Law School is pleased to present: New Findings in the Field of Negotiation: Research from the PON Graduate Research Fellows with

Vera Mironova PhD candidate in political science at the University of Maryland and

Abbie Wazlawek PhD candidate in management at Columbia Business School and

Boshko Stankovski PhD candidate in politics and international studies at University of Cambridge   Tuesday, April 21 12:00 – 1:30 … Read More 

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 

Negotiation in the News: The selfless QB? Tom Brady renegotiates with the Patriots

Posted by & filed under Business Negotiations.

After renegotiating his contract with the New England Patriots, star quarterback Tom Brady attracted almost as much admiration for his seemingly selfless concessions as he has for his stellar performance on the field. But a closer look at the restructured deal suggests that Brady, once again, looked for an advantageous opening and came out a … Read More 

Negotiation Skills: View Your Counterpart as an Agent

Posted by & filed under Negotiation Skills.

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 

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 More 

Dealing with difficult people— even when you don’t want to

Posted by & filed under Dealing with Difficult People.

In your negotiations, have you ever faced a truly difficult negotiator—someone whose behavior seems designed to provoke, thwart, and annoy you beyond all measure? For some Western leaders these days, the negotiator who best fits that description might be Russian president Vladimir Putin. Since the beginning of the crisis in Ukraine, the Russian leader has seemed … Read More 

When a private dispute goes public

Posted by & filed under Dispute Resolution.

This past June, a long-standing family feud erupted in public when Arthur S. Demoulas, an owner of the New England low-price grocery chain Market Basket, fired his cousin Arthur T. Demoulas, also an owner, from his position as the company’s CEO. Many of the company’s 25,000 employees, who had received good wages, bonuses, and profit … Read More 

The insincere negotiator: The risks of emotional displays

Posted by & filed under Negotiation Skills.

Anger can carry an advantage in negotiation, past research has shown. When we display anger, our counterparts tend to view us as powerful and intimidating. Consequently, they make more concessions than they would ordinarily and lower their demands. On the flip side, negotiators who appear happy tend to do worse than others. Happiness and contentedness appear … Read More 

How to avoid a bidding war

Posted by & filed under Business Negotiations.

In the National Basketball Association (NBA), signing an endorsement deal with footwear giant Nike has become a rite of passage for newly anointed superstars. Save for a few notable deals by Adidas, Nike has dominated the practice of paying top talent millions for the right to sell lines of collectible shoes in their names. This past … Read More 

In business negotiations, assess when to go it alone

Posted by & filed under Business Negotiations.

More than $100 billion in technology mergers and acquisitions has been announced in the United States so far this year, a level not seen since 2000, according to financial software company Dealogic. Among the most notable acquisitions, Google paid $3.2 billion for thermostat and smoke alarm maker Nest Labs in January, and Facebook shelled out … Read More 

Dear Negotiation Coach: Coping with a change-of-control provision

Posted by & filed under Business Negotiations.

Q: I represent a company—let’s call it “ClientCorp”—that has a long-term contract with another company, “TargetCorp.” A provision in the agreement allows ClientCorp to exit the contract in the event of a “change of control” at TargetCorp. We have become aware that TargetCorp is in negotiations to be acquired by a third party, “AcquirerCorp,” a … Read More 

To harness your power, consider a coalition

Posted by & filed under Dealmaking.

On June 27, members of the so-called Gang of Eight took to the floor of the U.S. Senate to make their final arguments for the sweeping immigration bill they had negotiated and promoted for months. After Republican senator Marco Rubio of Florida finished his remarks, the other members of his coalition flocked to him, patting … Read More 

Negotiation research you can use: Anger, sadness, and sacred issues

Posted by & filed under Negotiation Skills.

We’ve seen that people whose sacred, or morally significant, values are threatened tend to react with strong emotions that make them uncompromising. In a new study published in Judgment and Decision Making, University of Southern California researchers Morteza Dehghani, Peter J. Carnevale, and Jonathan Gratch find that our counterparts’ emotions affect how cooperative we are … Read More 

When Facing An Ideological Impasse, Appeal to Status

Posted by & filed under Conflict Resolution.

In October 2013, the two houses of Congress failed to reach agreement on appropriations funding for fiscal year 2014, triggering a government shutdown that lasted 16 days. The deadlock was rooted in the insistence of the Tea Party caucus of the Republican Party that the appropriations bill include language defunding President Barack Obama’s signature piece … Read More 

How to Deal When the Going Gets Tough

Posted by & filed under Conflict Resolution.

Most business negotiators understand that by working collaboratively with their counterparts while also advocating strongly on their own behalf, they can build agreements and longterm relationships that benefit both sides. During times of economic hardship, however, many negotiators abandon their commitment to cooperation and mutual gains. Instead, they fall back on competitive tactics, threatening the other … Read More 

Dealmaking: Haggling and Exploring Interests in Negotiation

Posted by & filed under Business Negotiations.

One common misconception of haggling is that it must focus only on a single issue: price. Although price might be the most important issue at stake, you could sweeten the deal for both sides by discussing other issues, such as delivery, financing, and the possibility of repeat business. You can open up such opportunities through direct questioning … Read More 

Master the Art and Science of Haggling for More Productive Business Negotiations

Posted by & filed under Business Negotiations.

Just like the prices of houses, cars, and other big-ticket items, the prices of furniture, electronics, wine, jewelry, another “medium-ticket” goods are now frequently up for discussion. The ancient art of haggling—the back-and-forth dance of offers and concessions between buyer and seller—is making a comeback, and you would do well to brush up on your … Read More 

Is your negotiating style holding you back?

Posted by & filed under Negotiation Skills.

The story, related by an anonymous job candidate on a blog called the Philosophy Smoker, went viral. According to the job candidate, referred to only as “W,” the philosophy department of Nazareth College, a small liberal-arts college in Rochester, New York, offered her a tenure-track position following a round of interviews. W said she responded … Read More 

Emotional intelligence brings mixed results

Posted by & filed under Dealmaking.

As you sit down to negotiate with a new colleague over a long-term project being managed by your divisions, you feel a bit nervous. Steve, though, immediately puts you at ease. He is warm and friendly, undaunted by the challenging task confronting you. As you begin your discussion, Steve makes it clear that he is … Read More 

Manage the tension between claiming and creating value

Posted by & filed under BATNA.

David Schwimmer, the actor who played Ross on the hit NBC sitcom Friends, famously convinced the show’s five other leads in the early years of its run to negotiate their contracts with NBC as a team. The “mini union” formed by the actors ultimately helped them negotiate an unprecedented $1 million each per episode during … Read More 

Others May Be More Powerful Than You Think They Are

Posted by & filed under Dispute Resolution.

Imagine that you’re a national account sales manager and are preparing to negotiate your annual raise. You have met all your sales objectives and feel that you are not only a valuable employee but also the top producer in the department. You feel quite confident that you will receive the highest possible salary increase. But during an … Read More 

Nelson Mandela: Lessons from a “master negotiator”

Posted by & filed under Leadership Skills.

Some people learn to negotiate on the job, in a classroom, or in a therapist’s office. In Nelson Mandela’s case, “prison taught him to be a master negotiator,” writes Bill Keller in his New York Times obituary of the legendary activist-turned-president, who died on December 5 of last year. Soon after his arrival at South Africa’s … Read More 

Is your conflict ripe for resolution?

Posted by & filed under Conflict Resolution.

In 2012, like many American orchestras, the Minnesota Orchestra was in a state of crisis. Failing to attract young fans, it was facing a steady decline in ticket sales. The orchestra’s musicians had received a significant wage increase in 2007—just before the financial crisis devastated the orchestra’s revenues, assets, endowment, and donations. The musicians had … Read More 

Searching for a Debt Ceiling: Boehner’s Uncertain BATNA

Posted by & filed under BATNA.

As the U.S. government approaches a potentially catastrophic default on its debt in October, President Obama remains determined to avoid negotiations with Republican leaders on the issue, the New York Times reports, a situation that leaves House of Representatives Speaker John Boehner with an uncertain BATNA, or best alternative to a negotiated agreement. … Read More 

Bet you didn’t know… New research on employee satisfaction, sadness, and selfless negotiators.

Posted by & filed under Business Negotiations.

Satisfied employees, satisfied customers? In a new study, Shu-Cheng Steve Chi of the National Taiwan University and his colleagues find that the degree to which salespeople enjoy their work has a significant impact on customer satisfaction with the outcome of sales negotiations. The study examined negotiations over the price of eyewear between salespeople and customers at the … Read More 

Lessons from the new wave of high-stakes deals

Posted by & filed under Business Negotiations.

The $23 billion acquisition of H.J. Heinz. Michael Dell’s planned $24 billion buyout of his namesake computer company. The $11 billion merger of American Airlines and US Airways. Office Depot’s $976 million, all-stock acquisition of OfficeMax. These high-flying deals were announced one after the other this past February. The mad rush to consolidate and partner signaled … Read More 

Wheelers and Dealers?

Posted by & filed under Negotiation Skills.

Car salespeople truly understand how to use modest concessions to extract much larger ones. First, they spend a long time legitimating the sticker price and suggesting that it’s not only fair, but nonnegotiable. … Read More 

Coping with negotiator emotion, both fake and fleeting

Posted by & filed under Negotiation Skills.

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 deficit-reduction talks

Posted by & filed under BATNA.

Does anyone down there know how to cut a deal?” Senate Republican Mitch McConnell said to Vice President Joe Biden. It was Sunday, December 30, 2012, the day before the “fiscal cliff ” deadline, and the minority leader had phoned Biden out of a sense of desperation, report Patrick O’Connor and Peter Nicholas in the … Read More 

International Negotiations: Threats at the Bargaining Table

Posted by & filed under International Negotiation.

The agreement seemed well on its way to being passed. On November 20, U.S. Secretary of State John Kerry announced that the United States and Afghanistan had finished negotiating a bilateral security agreement.  The terms included a continued American troop presence through 2024 and a promise of billions in international aid to the Afghan government. The … Read More 

When impasse looms, bring them back from the brink

Posted by & filed under Business Negotiations.

On November 20 of last year, Hostess Brands announced that it had failed to reach agreement with its second-biggest union and, as a result, was permanently shutting down its operations. The news was met with dismay by baby boomers and others who had grown up with the 80-year-old company’s shelf-stable confections. But consumers had been passing … Read More 

Negotiating the Fiscal Crisis

Posted by & filed under Negotiation Skills.

How can we avert a full-throttle drive over the fiscal cliff? Despite some promising signs of movement on both sides of the aisle, the current negotiation approach – positional bargaining – is bound to bring us dangerously close to the edge. … Read More 

Predicting Your Response to Conflict

Posted by & filed under Dispute Resolution.

Imagine an upcoming negotiation. How will you respond if your opponent seems bent on provoking an argument? If you’re like most people, you’ll have difficulty predicting your precise response. Professor Dan Gilbert of Harvard University found that when asked how a positive or negative event will affect your happiness, people accurately predict the direction of … Read More 

Finally, A Win-Win Deal from Congress

Posted by & filed under Business Negotiations.

To the surprise of many, Congress reached a bipartisan agreement on the 17th of February to extend payroll tax cuts and unemployment benefits. It was only the second time a House bill in the 112th Congress split roughly along party lines, according to the New York Times. Largely regarded as a coup for Congressional Democrats, … Read More 

Get Time on Your Side

Posted by & filed under Negotiation Skills.

When negotiators can’t manage to resolve a final sticking point, time can be one of the best tools at your disposal. How can you use time to move forward? First, and perhaps most obviously, take a break from talks. That might mean adjourning until the next day, next week, or even longer. In negotiation, a pause … Read More 

Winning at “Win-Win”

Posted by & filed under Daily, Negotiation Skills.

Lawrence Susskind (Ford Professor of Urban and Environmental Planning, Massachusetts Institute of Technology) “Win-win” has become a popular term in the field of negotiation, but many people have mis-perceptions about what it actually means. In this blog post, Professor Lawrence Susskind, a member of PON’s Executive Committee, clarifies that a “win-win” negotiated outcome is … Read More 

Why it pays to haggle

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Master the Art and Science of Haggling,” first published in the Negotiation newsletter, August 2009. Businesses that never would have considered negotiating with customers before the global economic crisis are now willing, even eager, to make a deal. Just like the prices of houses, cars, and other big-ticket items, the prices of furniture, electronics, … Read More 

Negotiating ‘Sacred’ Issues

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Break Down ‘Sacred’ Barriers to Agreement,” first published in the Negotiation newsletter, April 2009. As negotiators, we’re trained to believe that almost every issue is ripe for tradeoffs and concessions. At the same time, most of us hold core values that we believe to be non-negotiable. Your family’s welfare, your personal code of ethics, … 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 

Nonviolent Power in Action: observations from an expert on what happened in Egypt, Tunisia and beyond

Posted by & filed under Daily, Events, International Negotiation, Negotiation and Nonviolent Action, Student Events, Students.

Watch the video of the PON Brown Bag Lunch: The Dynamics of Nonviolent Power: Egypt, Tunisia and beyond

with Hardy Merriman Senior Advisor at the International Center on Nonviolent Conflict (ICNC) Recorded: April 20, 2011   Click here to watch the video: http://www.law.harvard.edu/media/2011/04/20_pon.mov   About the Event: The Dynamics of Nonviolent Power: Egypt, Tunisia and Beyond By: Carrie O’Neil, PON Research Assistant What makes nonviolent, civilian-based movements … Read More 

Dealing With a Stubborn Counterpart

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Stubborn or Irrational? How to Cope with a Difficult Negotiating Partner,” by Lawrence Susskind (professor, Massachusetts Institute of Technology), first published in the Negotiation newsletter. Suppose you’re an experienced salesperson entering into negotiations for a contract renewal with a company you’ve successfully done business with for years. Recently, your counterpart at the other company … Read More 

How to Turn a Maybe Into a Yes

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Closing the Deal,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter. You’ve followed the negotiation guidebooks to a T, uncovered the parties’ key interests, brainstormed creative solutions, and even developed good rapport with your counterpart. You’ve done everything right…but you still don’t have agreement. How do you turn the other … Read More 

Pitfalls of the Powerful

Posted by & filed under Business Negotiations, Daily.

Adapted from “Are You Too Powerful for Your Own Good?” by Ann E. Tenbrunsel (professor, Notre Dame University), first published in the Negotiation newsletter. Imagine that you’re a national account sales manager and are preparing to negotiate your annual raise. You have met all your sales objectives and feel that you are not only a valuable … Read More 

Do You Really Know Yourself?

Posted by & filed under Conflict Resolution, Daily.

Adapted from the Negotiation newsletter. Imagine an upcoming negotiation. How will you respond if your opponent seems bent on provoking an argument? If you’re like most people, you’ll have difficulty predicting your precise response. Professor Dan Gilbert of Harvard University found that when asked how a positive or negative event will affect their happiness, people accurately … Read More 

Too Tough Talk?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Break Through the Tough Talk,” by Kristina A. Diekmann (University of Utah) and Ann E. Tenbrunsel (Notre Dame University), first published in the Negotiation newsletter. You might think that cultivating a reputation as a tough bargainer might be the best way to cope with a competitive opponent. But this isn’t necessarily the best strategy. … Read More 

Change the Trust Default

Posted by & filed under Daily, Negotiation Skills.

Adapted from “How to Build Trust at the Bargaining Table,” first published in the Negotiation newsletter. Carol’s longtime doctor diagnoses her with a serious illness and recommends immediate, aggressive treatment. Carol would like to seek a second opinion, but she doesn’t want to offend her doctor—who, after all, has always provided her with excellent care. Carol … Read More 

Offering Gifts—With Strings Attached

Posted by & filed under Business Negotiations, Daily.

Adapted from “Give a Gift that Keeps on Giving (to You),” first published in the Negotiation newsletter. It was the kind of windfall that would make any employee feel appreciated. In October 2009, Jenna Lyons, the creative director of New York–based fashion retailer J. Crew, received a cash bonus of $1 million from her boss, J. … Read More 

After the deal is inked

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Uncover Hidden Value with a Post-settlement Settlement,” first published in the Negotiation newsletter. You’ve reached an agreement that you find satisfactory and your counterpart does as well-but you can’t shake the sense that you could have done even better. For example, you might be happy with the price you achieved in a purchasing contract … Read More 

When “fairness” is a distraction

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Accept or Reject?” by Deepak Malhotra (professor, Harvard Business School), first published in the Negotiation newsletter.

Negotiators usually have strong feelings about fairness. Unfortunately, our fairness perceptions tend to be biased in a self-serving manner. Research has shown that, at the end of a negotiation, most people feel they were more cooperative … Read More 

Great expectations?

Posted by & filed under Negotiation Skills.

Adapted from “Faulty Expectations,” first published in the Negotiation newsletter. One of the most common, clear recommendations to emerge from negotiation literature is the need to consider the other party’s decisions. Ample evidence shows that negotiators too often fail to think about the other negotiator or do so in a simplistic manner. Professors Kristina A. Diekmann … Read More 

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 

Overestimating our resolve

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Predicting Your Response to Conflict,” first published in the Negotiation newsletter.

Imagine an upcoming negotiation. How will you respond if your opponent seems bent on provoking an argument? If you’re like most people, you’ll have difficulty predicting your precise response. Professor Dan Gilbert of Harvard University found that when asked how a … Read More 

Should you be nasty or nice?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Honey or Vinegar?”, first published in the Negotiation newsletter. Who brings out the best in us: someone nice or someone nasty? According to a recent study by Gerben A. van Kleef and colleagues of the University of Amsterdam, we may be more generous toward angry people than toward happy people. In the first two … Read More 

Turn Vicious Cycles Into Virtuous Ones

Posted by & filed under Business Negotiations.

For decades, Hormel Foods and its employees enjoyed one of the most cooperative and productive labor-management relationships in the processed foods industry. But beginning in the late 1970s, when Hormel pushed for wage concessions, the company’s relationship with its workforce began to deteriorate, especially at the plant in Austin, Minn., the quiet “company town” where … Read More 

Deception in Negotiation

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Smart Alternatives to Lying in Negotiation,” by Deepak Malhotra (associate professor, Harvard Business School), first published in the Negotiation newsletter. Daniel, a senior manager at a large consumer products firm, has been asked by a company vice president to submit a detailed budget request for his department. Daniel has an incentive to overstate anticipated … Read More 

Tough Tactics: Do ‘Death Threats’ Really Work?

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What would you do if someone threatened you? Strike back? Run away? Beg for mercy? Try to negotiate? Last April, The New York Times in effect held a gun to the heads of Boston Globe employees – twice. The confrontation, say experts at the Harvard Program on Negotiation, offers valuable lessons in handling high-risk, high-stakes situations. Background: … Read More