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


contract negotiation

Negotiations over the terms and conditions of a binding legal agreement between two or more parties.

The following items are tagged contract negotiation:

Negotiate the Healthcare Industry

Posted by & filed under Teaching Negotiation.

Teach Your Students to Negotiate One of the Largest Global Industries Healthcare is one of the biggest economies in the world, with billions of dollars spent on treatments and associated research. There are typically significant interests at stake in healthcare negotiations, which are made all the more complex by the presence of both public and private … Read More 

Strategic NegotiationsA Theory of Change in Labor-Management Relations

Posted by & filed under .

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 

Telecom Services

Posted by & filed under .

Beth Doherty under the supervision of Lawrence Susskind Two-party, two-issue, integrative, scoreable negotiation over the terms of a telecommunications services contract … Read More 

Digitally Enhanced Simulation Packages – NEW Simulations Added

Posted by & filed under Teaching Negotiation.

In-depth Teaching Materials with Real Time Data Analytics Designed to Enhance Teaching Negotiation    New from the Teaching Negotiation Resource Center (TNRC) at PON, and iDecisionGames: digitally enhanced simulation packages designed to take your teaching to the next level. The Enhanced Simulation Package from the TNRC and iDecisionGames brings a new, interactive learning experience to teaching negotiation. This … Read More 

Fie’s Agent

Posted by & filed under .

Jeremy Bird under the supervision of Melissa Manwaring Two-party integrative e-mail negotiation between a soccer star and her long-term representative over the terms of a potential new agency contract … Read More 

Contract Negotiations in the Building Trades

Posted by & filed under .

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 

How to Use MESOs in Business Negotiations

Posted by & filed under Business Negotiations.

It’s not uncommon in business negotiations to find yourself on the brink of impasse. You and your counterpart have exchanged a series of offers and counteroffers, and you’ve met somewhere close to the middle—but not close enough. With each side firmly rooted in its position, there may seem to be no way forward. … Read More 

Ad Sales, Inc.

Posted by & filed under .

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

Teach Your Students Cross-Cultural Negotiation

Posted by & filed under Teaching Negotiation.

As our world grows increasingly interconnected, we are more likely to find ourselves negotiating in a cross-cultural context. The diverse makeup of many societies and global nature of business today make cross-cultural negotiation a regular part of life. Also, unfortunately, many major disputes in need of resolution cross ethnic and cultural lines. Furthermore, it is important … Read More 

Labor Relations: Negotiating Collective Bargaining Agreements

Posted by & filed under Teaching Negotiation.

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

What is an Arbitration Agreement?

Posted by & filed under Conflict Resolution.

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

The Wired Negotiator: Using Technology in Negotiation

Posted by & filed under Teaching Negotiation.

Everyone negotiates every day. How we negotiate is changing dramatically due to the use of various technological tools. People need not fear this change. Rather, they should understand the different technology at their disposal, grasp the pros and cons, and determine how to select the best medium to suit their needs, negotiation style, and approach. … Read More 

Negotiation Research Examines Ethics in Negotiating Scenarios

Posted by & filed under Negotiation Skills.

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. This topic has many questioning ethics in negotiating within the healthcare industry. The problem starts with the … Read More 

Bargaining at a Fever Pitch

Posted by & filed under Leadership Skills.

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 

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 

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

Posted by & filed under Teaching Negotiation.

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

Negotiate International Energy Contracts with ENCO

Posted by & filed under Teaching Negotiation.

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

Beware Your Counterpart’s Biases

Posted by & filed under Conflict Resolution.

In the past we have encouraged you to ‘debias’ your own behavior by identifying the assumptions that may be clouding your judgment. We have introduced you to a number of judgment biases – common, systematic errors in thinking that are likely to affect your decisions and harm your outcomes in negotiation. Learn how to identify … Read More 

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

Posted by & filed under BATNA.

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

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 

In negotiations with rookies, the NFL takes control

Posted by & filed under Dealmaking.

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

Will you behave ethically?

Posted by & filed under Negotiation Skills.

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 

Got a raw deal? Renegotiate a better one

Posted by & filed under Dispute Resolution.

Many viewed the deal to be a terrible one from the start. In December 2008, Richard M. Daley, then Chicago’s mayor, announced that his administration had agreed to lease the city’s parking meters for 75 years to a private company for nearly $1.2 billion in an attempt to tackle a budget shortfall of about $500 … Read More 

What to Do Before the Deal Breaks Down

Posted by & filed under Dealmaking.

Whenever one side fails to meet its contractual obligations, renegotiation is more likely to succeed if the parties have a strong relationship. Ideally, the aggrieved party will value long-term relations more than potential gains from a claim for breach of contract. For example, a bank will be more willing to renegotiate a loan with a … Read More 

Training for Non-Face-to-Face Negotiations

Posted by & filed under Negotiation Skills.

Negotiating by email poses a set of challenges that one doesn’t often encounter in face-to-face negotiations. Without the benefit of seeing your counterpart’s body language, what one person might intend to be a straightforward request the other might perceive to be rude. A legitimate delay responding to an email offer by one party might be construed … 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 

Help Your Organization Do More with Less

Posted by & filed under Business Negotiations, Daily.

Adapted from “How to Do More with Less,” by Lawrence Susskind (professor, Massachusetts Institute of Technology), first published in the Negotiation newsletter. Times are tough, and managers need to find a way to squeeze more out of every contract negotiation. How can you improve how your organization negotiates? Though we tend to think of negotiation as an … Read More 

The negotiating QB

Posted by & filed under Business Negotiations, Daily.

Adapted from “The Brett Favre Trade: A Win-win Deal in a Win-lose Game,” first published in the Negotiation newsletter. In the middle of the National Football League’s off-season, as legendary quarterback Brett Favre weighs for the third year in a row whether to return to football or accept retirement, it’s worth revisiting the negotiations behind his … Read More 

Pharma talks

Posted by & filed under Business Negotiations, Daily.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises.  The following role simulation is a three-party, multi-issue contract negotiation among representatives for an HMO and two pharmaceutical companies over the purchase of a new antidepressant drug. SCENARIO: Hopkins HMO is the largest independent managed health care organization in the … Read More 

Salvaging the deal

Posted by & filed under Daily, Negotiation Skills.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Tendley Contract is a two-party integrative contract negotiation between a computer consultant and a school district representative at an apparent impasse over different expectations over cost of services. SCENARIO: A school district and a computer consultant are negotiating a … Read More 

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

Posted by & filed under Daily, News.

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

How to Avoid a Do-Over

Posted by & filed under Business Negotiations.

Remember that big sales contract you negotiated last fall, the one that got you a fat year-end bonus? Well, your manufacturing department has just told you that delivery will be two months late. So now it’s your job to persuade your customer to accept a new date without canceling the deal. And that’s not all. … Read More 

Insights from a Communication and Negotiation Conference: The Benefits of Not Knowing

Posted by & filed under Daily, Negotiation Skills, Pedagogy at PON.

An Experiment: Exploring Interdisciplinary Linkages between Negotiation and Communication Studies What would negotiation pedagogy look like if we focused more on the core meanings and practices of communication? How can understanding the underpinnings of communication – the components of conversation and the exchange of meaning – help us understand and improve our negotiations? The weekend of … Read More