In this FREE special report from the Program on Negotiation at Harvard Law School,  Dispute Resolution, Working Together Toward Conflict Resolution on the Job and at Home, the editors of Negotiation Briefings cull valuable negotiation strategies and curate popular content to provide you with a concise guide on how to improve your dispute resolution skills.


dispute

The following items are tagged dispute

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What is Dispute Resolution in Law: The Ins and Outs of Arbitration

Posted by & filed under Dispute Resolution.

what is dispute resolution

A “one-shot” form of dispute resolution, arbitration is usually faster and cheaper than litigation. In addition, rather than being assigned a judge, parties are able to select their arbitrator. What is dispute resolution in law and how do alternative dispute resolution (ADR) methods like arbitration operate inside and outside a courtroom? Here are some examples of … Read More 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems BR

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

Negotiation and Leadership Dealing With Difficult People and Problems Spring sessions: April 16–18 | May 14–16 | June 18–20 2018 Fall sessions: September 24–26 | October 15–17 | December 3–5 2018 Focused one-day sessions Spring sessions: April 19, 2018 | May 17, 2018 | June 21, 2018 Fall sessions: September 27, | October 18, | December 6, 2018

.embed-container { position: relative; padding-bottom: 56.25%; height: 0; … Read More 

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Real Leaders Negotiate!

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Jeswald Salacuse examines the role of negotiation in gaining, exercising, and retaining leadership within organizations, and instructs readers on the way to use negotiation to lead effectively. … Read More 

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The New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation

Posted by & filed under Free Report.

This report reveals how wise negotiators extract unexpected value using an indirect approach to conflict management. An aggressive management style can set you up for repeated failure. Direct conflict management approaches can be overly combative and counter-productive. Experienced negotiators know that compromise seldom succeeds. Win/lose is really lose/lose. The best negotiation strategy results in … Read More 

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Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems AQ

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

Negotiation and Leadership Dealing With Difficult People and Problems Spring sessions: April 16–18 | May 14–16 | June 18–20 2018 Fall sessions: September 24–26 | October 15–17 | December 3–5 2018 Focused one-day sessions Spring sessions: April 19, 2018 | May 17, 2018 | June 21, 2018 Fall sessions: September 27, | October 18, | December 6, 2018

.embed-container { position: relative; padding-bottom: 56.25%; height: 0; … Read More 

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Bringing Peace Into the Room

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Daniel Bowling & David Hoffman “Rich insights and diverse perspectives, valuable for novices and experienced practitioners alike.” – William Ury … Read More 

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Dealing with Difficult People

Posted by & filed under Free Report.

At the Program on Negotiation at Harvard Law School (PON), we are dedicated to helping professionals deal with hard bargainers and resolve even the most challenging disputes. To help you understand the principles of negotiation and conflict resolution, we put together a special report: Dealing With Difficult People. Discover how to collaborate, negotiate, and bargain … Read More 

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Courses and Training

Negotiation and Leadership NL P

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

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Law of Investment Treaties (The)

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Jeswald Salacuse In this revised edition, the nature, history, and significance of investment treaties are examined, as well as their impact on international investors and investments, and the governments that are party to them. Recent treaties, trends, and controversy are also discussed. … Read More 

Free Report

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Emotional Intelligence as a Negotiating Skill

Posted by & filed under Negotiation Skills.

emotional intelligence

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 

Courses and Training

Negotiation and Leadership NL O

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

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Free Report

Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts

Posted by & filed under Free Report.

In this Special Report, the experts and editors from Harvard’s Program on Negotiation offer a sampling of advice from past issues of Negotiation to help you learn the techniques you need to resolve your disputes through mediation. You will learn to select the right dispute-resolution process, choose a mediator with appropriate expertise, learn the steps your … Read More 

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Teach Coalition Management in Multiparty Negotiations

Posted by & filed under Teaching Negotiation.

multiparty negotiations

Multiparty negotiations can be difficult to manage if you are unprepared for the formation of coalitions. Two-party and multiparty negotiations share some important similarities: the goal of discovering the zone of possible agreement, for example. However, there are some key differences that set them apart. As soon as the number of parties increases past two, … Read More 

Courses and Training

NEW! 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 

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Free Report

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Courses and Training

New! Advanced Mediation Workshop: Mediating Complex Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 4-8, 2018 You’ve handled numerous mediation sessions with ease. You are confident in your mediation skills, especially between two parties who want a fair resolution. But how do the dynamics change when their lawyers join the session? What happens when the mediation expands to multiple parties who are bringing many issues to the … Read More 

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Cross-Cultural Negotiation Video: What Is There To Teach About?

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Produced by Larry Susskind and Warren Dent The Program On Negotiation at Harvard Law School invited three members of its highly experienced negotiation faculty to share stories about how they have adapted their teaching strategies in various cross-cultural contexts. … Read More 

Free Report

Teaching Negotiation: Understanding The Impact Of Role-Play Simulations

Posted by & filed under Free Report.

Negotiation can be challenging. And so can teaching it! At the Program on Negotiation (PON) at Harvard Law School, we help educators, scholars and practitioners like you learn how to more effectively teach negotiation. Notably, role-play simulations are a particularly useful way to facilitate experimentation and introduce participants to new dispute resolution tools, techniques and … Read More 

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What is Crisis Management in Negotiation?

Posted by & filed under Uncategorized.

What is crisis management

Organizations often establish elaborate business crisis management plans. Through a rapid, centralized response, an organization can shift swiftly and efficiently from day-to-day operations into crisis-management mode, whether that crisis involves a building evacuation, a tumble in the company’s stock price, or a product recall. Why does the need for crisis negotiation arise, what is crisis management … Read More 

Courses and Training

Negotiation Workshop: Strategies, Tools, and Skills for Success

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 4-8, 2018 Turn disputes into deals. Transform deals into better deals. Resolve intractable problems. Negotiating effectively requires the ability to change the game – moving away from conflict and toward collaboration. In this intensive, interactive program, you acquire a proven framework for maximizing the value of your negotiation. … Read More 

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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 

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Why is Negotiation Important: Mediation in Transactional Negotiations

Posted by & filed under Uncategorized.

mediation

We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial. … Read More 

Courses and Training

Mediating Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 11-15, 2018 The success of any mediation is predicated on the skills of the mediator. In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate … Read More 

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Inside Out

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Gary Friedman Designed to help people who work with parties in conflict use their inner experiences for the benefit of their clients, this book challenges many of the conventions conflict-resolution professionals bring to this field. Rooted in self-awareness, this practical guide encourages us to work from the “inside out”. … Read More 

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Negotiation Tips: Listening Skills for Dealing with Difficult People

Posted by & filed under Uncategorized.

negotiation tip

A negotiation daily reader asked us, “All the negotiation advice I read says that I should listen and ask questions in negotiations. That makes sense, and I mean to. But once the other side starts talking, I often find myself telling them what they left out or why they are wrong. How do I make … Read More 

Courses and Training

The Harvard Negotiation Intensive: A Two-Day Workshop

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 14-15, 2018 Whether you’re a vice president, litigator, manager, or transactional attorney, negotiation is central to nearly every professional activity. Systematic and thorough preparation, as well as an ability to manage shared, different, and conflicting interests, is critical to success. Designed to address the core issues that you experience as you negotiate on behalf … Read More 

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Courses and Training

Mediating Disputes – Fall 2018

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: TBD In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate disputes across a variety of contexts. This program will provide you with core mediation skills … Read More 

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Good For You, Great For Me

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Lawrence Susskind Win at win-win negotiating! Find trades that create much more value than either you or your opponent thought possible while satisfying the interests of your back table – the people to whom you report. … Read More 

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Conflict and Negotiation Case Study: The Pitfalls of Negotiations Over Email

Posted by & filed under Uncategorized.

negotiation

Negotiation research suggests that email often poses more problems than solutions when it comes to relationships, information exchange, and outcomes in conflict resolution negotiation scenarios. First, establishing social rapport via email can be challenging. The lack of nonverbal cues and the dearth of social norms regarding its use can cause negotiators to be impolite and … Read More 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

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Civic FusionMediating Polarized Public Disputes

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By Susan L. Podziba. Civic fusion is when people bond to achieve a common public goal, even as they sustain deep value differences. This book offers proven strategies for moving polarized parties to consensus solutions based on the author’s 25 years of mediation experience, including working with pro-life and pro-choice leaders after fatal shootings at … Read More 

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Courses and Training

Negotiating the Impossible

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 

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Finn River Basin

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Danya Rumore, Anjali Lohani, and Mubarik Imam Seven-party, seven-person, multi-issue negotiation game involving a dispute over inter-provincial water allocations. It explores issues of prediction and monitoring, water sharing, and the environmental adequacy of water flows. … Read More 

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Principled Negotiation: Focus on Interests to Create Value

Posted by & filed under Uncategorized.

Principled Negotiation

Inexperienced negotiators, and even many experienced negotiators, tend to assume they have a choice between two main strategies: negotiate in a tough, demanding manner or in a friendly, accommodating manner. In fact, there’s a better, third way of negotiating—one that doesn’t rely on toughness or accommodation, but that will improve your likelihood of meeting your negotiation … 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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How Does Mediation Work in a Lawsuit?

Posted by & filed under Uncategorized.

How Does Mediation Work

No one likes to go to court. Not only is it expensive and time-consuming, but it often leads to frustrating results and damaged relationships. So, how does mediation work in a lawsuit and is legal mediation a better route? … Read More 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

Negotiation and Leadership Dealing With Difficult People and Problems Fall: December 5-7, 2016 Spring: April 18-20, 2017 | May 15-17, 2017 | June 19-21 2017

Become a More Effective Negotiator Great leaders are great negotiators. By equipping you with the innovative negotiation strategies you need to excel at the bargaining table, Negotiation and Leadership will help you:

Improve working relationships and resolve seemingly … Read More 

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Prioritizing Climate Change Adaptation Measures

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Elizabeth Fierman under the supervision of David Fairman, David Plumb, Lawrence Susskind, Philip Angell, and Kelly Levin Eight-party negotiation (with option for a ninth person facilitator) regarding climate change issues in a situation loosely based on the situation in Viet Nam. … Read More 

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What is a Win-Win Negotiation?

Posted by & filed under Uncategorized.

win win negotiation

In an episode of the American television show The Office, bumbling manager Michael Scott consults with a manual on conflict resolution while attempting to mediate a dispute between two of his subordinates, Angela and Oscar. After Scott explains that there are five approaches to resolving conflict, beginning with “win-lose,” an annoyed Angela interrupts: “Can we … Read More 

Courses and Training

Spring Mediation and Conflict Management

Posted by & filed under PON Seminars, PON Seminars (Semester Length Courses).

This course is designed to raise your awareness of your own approach to conflict, introduce a range of theories about mediation and participatory processes, and improve your conflict management skills. While we will discuss a wide range of dispute resolution processes that involve third parties, we will focus on mediation. Each class moves … Read More 

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Daily

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

Product

Daily

Mediation and the Conflict Resolution Process

Posted by & filed under Uncategorized.

mediation

It’s often the case that when two people or organizations try to resolve a dispute by determining who is right, they get stuck. That’s why so many disputes end up in court.

There is a better way to resolve your dispute: by hiring an expert mediator who focuses not on rights but on interests—the needs, desires, … Read More 

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10 Popular Business Negotiation Articles

Posted by & filed under Uncategorized.

business negotiation

Here are ten popular business negotiation articles on the Program on Negotiation website. Drawn from a variety of negotiation case studies as well as negotiation research, the following articles present negotiation examples in real life and offer strategies for engaging in integrative negotiations aimed at creating win-win scenarios for each party at the negotiation table. 1. … Read More 

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Using Negotiation Games to Develop Skills for Commercial Dispute Resolution

Posted by & filed under Uncategorized.

negotiation games

Private sector or commercial negotiations can range from relatively straightforward, high-stakes contract negotiations between suppliers and distributors to complex, multiparty negotiations between government, industry, and other interest groups. By honing their skills and more effectively engaging in negotiations, firms can positively influence their bottom line. Likewise, government officials and other stakeholders will achieve better outcomes … Read More 

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Environmental Justice Package Full Version

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Lawrence Susskind and Various Other Authors Teacher’s package for a comprehensive environmental justice negotiation unit, containing one book, one article, and four role simulations … Read More 

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Negotiation Challenges for Family Business Relationships

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negotiation

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

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Indopotamia

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Catherine M. Ashcraft under the supervision of Professors Lawrence Susskind and Shafiqul Islam … Read More 

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Daily

5 Conflict Resolution Strategies

Posted by & filed under Uncategorized.

conflict resolution

Whether a conflict erupts at work or at home, we frequently fall back on the tendency to try to correct the other person or group’s perceptions, lecturing them about why we’re right—and they’re wrong. Deep down, we know that this conflict management approach usually fails to resolve the conflict and often only makes it worse. … Read More 

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Getting It DONE How to Lead When You’re Not In Charge

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Co-author Roger Fisher moves from dispute resolution to improving collaboration, presenting proven strategies to help anyone get better results from coworkers. Getting It DONE explains how you can best help a group formulate a clear vision of the results they want, suggest a course of action that you can implement, and learn from past experiences. … Read More 

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Coping with International Conflict A Systematic Approach to Influence in International Negotiation

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This text combines the clear, concise, and proven principles and practice of conflict management from Fisher’s bestselling Getting to Yes with the newest problem-solving approaches to international relations. Many of the concepts grew out of materials Fisher and his colleges use in their international consulting work to teach problem-solving and conflict management skills to diplomats … Read More 

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Union Strikes and Dispute Resolution Strategies

Posted by & filed under Uncategorized.

Union Strikes and Dispute Resolution Strategies

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

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Saving the Last Dance

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Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin A mediation training video illustrating the non-caucus “Mediation through Understanding” model … Read More 

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Rebuilding the World Trade Center Site

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Lawrence Susskind A group of legal, business, and dispute resolution professionals negotiate a six-person, facilitated role simulation regarding the reconstruction of the World Trade Center site in New York City, following the 9/11/2001 terrorist attacks … Read More 

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Negotiation of a Commercial Lease

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The Program on Negotiation An unscripted video showing two different pairs of real estate professionals negotiating the terms of a commercial lease … Read More 

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What Are Our Students Actually Learning? Gauging Effectiveness in Teaching Negotiation

Posted by & filed under Uncategorized.

gauging effectiveness teaching negotiation

Ways of Gauging Effectiveness in Teaching Negotiation Most instructors aspire to do more than simply teach students about negotiation. They want to teach students how to negotiate more effectively. That’s an ambitious goal, given the complexity of the process. Negotiation success requires keen analysis and deft social skills, along with a mix of confidence and humility. … Read More 

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5 Dealmaking Tips for Closing the Deal

Posted by & filed under Uncategorized.

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 

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Water Use

Posted by & filed under .

Evan Thomas Paul and Jessica Agatstein under the direction of Professor Lawrence Susskind This is a six-party, multi-issue negotiation game involving environmental, economic, social, and political interests in a city where the water infrastructure is inefficient and not up to the task of coping with extreme water events.

Parties: 6. Time Req’d: 1-2 hrs. Teaching Notes: Yes. … Read More 

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Flooding

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Sarah Hammitt and Jessica Artiles under the direction of Professor Lawrence Susskind An eight-party, environmentally-focused role-play simulation, Flooding deals with an investment firm that is in the final stages of a multi-year planning process for a large, riverside mixed-use development. FEMA recently updated Evantown’s Flood Insurance Rate Map and the development falls within the 100-year floodplain. … Read More 

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What is Negotiation?

Posted by & filed under Uncategorized.

negotiation

Many people dread negotiation, not recognizing that they negotiate on a regular, even daily basis. Most of us face formal negotiations throughout our personal and professional lives: discussing the terms of a job offer with a recruiter, haggling over the price of a new car, hammering out a contract with a supplier. … Read More 

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Daily

The Opposite of Autocratic Leadership Styles

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leadership styles

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 

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Daily

3 Types of Conflict and How to Address Them

Posted by & filed under Uncategorized.

types of conflict

In the workplace, it sometimes seems as if conflict is always with us. Miss a deadline, and you are likely to face conflict with your boss. Lash out at a colleague who you feel continually undermines you, and you’ll end up in conflict. And if you disagree with a fellow manager about whether to represent … Read More 

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Mediation Lecture Video Series

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Sarah Cobb and Lawrence Susskind Three videos featuring guest lecturers from the “Mediation and Other Facilitative Roles in Dispute Resolution” seminar, offered by the Program on Negotiation: … Read More 

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

Posted by & filed under Uncategorized.

famous negotiations

It was a classic professional sports negotiation 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 … Read More 

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Mediating Public Disputes

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Lawrence E. Susskind A discussion of the role and functions of a court-appointed special master serving as a mediator in a case study of a scientific/technical dispute in New Jersey … Read More 

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Teach Your Students Negotiation Psychology

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negotiation

The negotiation psychology of the parties at the table can contribute significantly to the likelihood of reaching an agreement. In Beyond Reason, world-renowned negotiator Roger Fisher and psychologist Daniel Shapiro advise “ignore emotions at your own peril. Emotions are always present and often affect your experience. You may try to ignore them, but they will not … Read More 

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Lawyers & Clients

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Robert H. Mnookin and Susan Hackley An illustration of interviewing and listening techniques appropriate for lawyer-client interviews, featuring Harvard Law School Professor Robert Mnookin … Read More 

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HackerStar Negotiation, The

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Morgan Guaranty Trust Company Realistic video depicting the use of principled negotiation to prepare for and negotiate a bitter business dispute, featuring Getting to YES co-author Roger Fisher … Read More 

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Great Negotiator 2004: Ambassador Richard Holbrooke

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Edited by James K. Sebenius and Ellen Knebel Video featuring Ambassador Richard Holbrooke discussing his role brokering the Dayton agreement that ended the 1992-95 war in Bosnia as well as his role in resolving the multinational dispute over U.S. dues owed in arrears to the United Nations … Read More 

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Great Negotiator 2003: Stuart Eizenstat

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Edited by James K. Sebenius Video featuring excerpts from a discussion with Stuart Eizenstat regarding his efforts negotiating reparations for victims of Nazi Germany … Read More 

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Pope Francis and the Benefits of Servant Leadership in Negotiations

Posted by & filed under Uncategorized.

leadership in negotiations

Progress on global climate change accords has been incremental at best and nonexistent at worst. As in any negotiation, it is important to get the issues right and make sure all the relevant parties are at the table, but this is often easier said than done. Good leadership can help you ensure that both happen, … Read More 

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Great Negotiator 2002: Lakhdar Brahimi

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James Sebenius and Kristen Schneeman Video featuring excerpts from a discussion with Ambassador Lakhdar Brahimi regarding his international negotiation experiences, including negotiating a new government for Afghanistan in 2002 … Read More 

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For Better Negotiation Training, Study the U.S. Government’s Mistakes

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negotiation training

Business professionals seeking to improve their negotiation training can learn a great deal from the mistakes made in newsworthy negotiations. To take one recent example, Steven M. Davidoff of the New York Times’ “DealBook” recently analyzed how the U.S. governments rushed negotiations to save U.S. automaker Chrysler led to a costly long-term problem. … Read More 

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Good Offices in a War-Weary World

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Michele Ferenze, Executive Producer An exploration of the role of “good offices” providers in long-standing, complex conflicts … Read More 

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What is BATNA?

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BATNA

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

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Negotiation Case Study: Sincerity’s Power in Negotiation

Posted by & filed under Uncategorized.

negotiation case study

Most of us have had the experience of delivering an apology that fell on deaf ears. When apologies fail to achieve their aims, poor delivery is usually to blame. The importance of sincerity in such a situation cannot be overstated, because if the recipient thinks your apology is less than sincere, she is unlikely to … Read More 

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A Conversation with the Founders

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Susan Hackley and Eleanor Jewett Seven of the Program on Negotiation’s founders reflect on PON’s beginnings twenty years earlier, and on their own journeys as leaders in the field that they helped to create … Read More 

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Repairing Relationships Using Negotiation Skills

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Repairing Relationships Using Negotiation Skills

Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. Some of the most successful negotiation examples of the power of negotiation skills in dispute resolution is when they repair relationships between friends. … Read More 

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When Talk Works Profiles of Mediators

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When mediator Jimmy Carter talks, world leaders listen. When violence erupts in a public housing project, Linda Colburn mediates for peace. And when attorney William Hobgood intervenes to resolve a labor dispute, he saves workers and management the economic and emotional costs of litigation. When Talk Works goes behind the scenes with accomplished mediators to show … Read More 

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NEW BOOK! Conflict Resolution for Children

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Conflict Resolution for Children

Trouble at the Watering Hole: Teach Your Children About Conflict Resolution With This New Book This fun and educational book from the Teaching Negotiation Resource Center (TNRC) builds a foundation for kids to learn ways to constructively resolve problems and to build strong skills that can be used to resolve conflict for the rest of their … Read More 

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Third Side (The) Why We Fight and How We Can Stop

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Also published as Getting to Peace: Transforming Conflict at Home, at Work, and in the World (New York: Viking, 1999) (hardcover) Conflict rages everywhere: at home, at work, in schools, and on the world stage. William Ury presents a new approach for dealing with human conflict based on two decades of research and new anthropological evidence. … Read More 

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New Dispute Resolution Skills: A Case Study of Conflict Management Using Negotiation

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conflict management

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

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Resolving Environmental Regulatory Disputes

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Rules and regulations set by government agencies are meant to protect the environment, but they often impose hardships on the very companies and communities they are designed to protect. These groups then seek to minimize the losses through long and costly litigation. In this volume, professors Susskind, Bacow and Wheeler offer an alternative to expensive and … Read More 

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How to Negotiate with Friends and Family

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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 

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Reinventing Congress for the 21st Century A Blueprint for Bringing Participation and Excellence to American Politics

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American politics is broken. With the Cold War won, the economy strong, and democracy triumphant, the United States should be enjoying the taste of victory and the fruits of peace. Instead, we are politically demoralized. At best, lawmakers enact policies of dubious merit. More often, opposing sides simply lock horns and nothing is resolved. No … Read More 

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Dispute Resolution for India and Bangladesh

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dispute resolution

Sometimes in international negotiation, disputes are left to fester for years, even decades, until parties decide there is something to be gained from reaching agreement. In an example of a cross cultural negotiation case study, the nations of Bangladesh and India seized on an opportunity to push the “restart” button on their bumpy relationship by … Read More 

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Public Dispute Mediators Profiles of 15 Distinguished Careers

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This book profiles 15 of North America’s most experienced public dispute mediators. The practitioners depicted originally worked in many different fields, including nursing, city planning, political science, labor relations, sociology, history, mathematics, environmental studies, and law, but they all have become skilled mediators through a combination of training, apprenticeship, and practice. While the career paths … Read More 

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Dealmaking Negotiations – Writing the Negotiated Agreement

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negotiated agreement

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

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5 Win-Win Negotiation Strategies

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win win negotiation

Business negotiators understand the importance of reaching a win-win deal: when both sides are satisfied with their agreement, the odds of a long-lasting and successful business partnership are much higher. But concrete strategies for generating a win-win contract often seem elusive. The following five, from experts at the Program on Negotiation at Harvard Law School, … Read More 

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10 Notable Negotiations

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negotiations

In 2016, political dealmaking and corporate mergers took center stage. We look back on some of the most notable of these negotiations, which offer significant lessons to professional negotiators. … Read More 

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Negotiations and Change From the Workplace to Society

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Managing change involves negotiation. Recognition of the interdependence between negotiations and change in the workplace and society has led to an explosion of research, writing and teaching on these topics. In 1965, Richard Walton and Robert McKersie laid the analytical foundation for much of this activity and innovation in negotiation practice with their landmark study, … Read More 

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Alternative Dispute Resolution (ADR) Techniques: Negotiating Conditions

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adr

A married couple was debating whether their four-year-old daughter should attend public or private elementary school. It was a difficult issue, and Mike had a tendency to walk out when the conversation got heated. Frustrated, Lisa turned to negotiating terms and conditions just as a negotiator would in a business deal. … Read More 

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Negotiation Strategies for Mutual Gain

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This volume is a collection of essays which present key concepts and strategies intended to promote effective negotiation and mutually beneficial dispute resolution. This book is for people in all fields who need to deal with conflict and resolve issues on a continual basis. The book assumes that conflicts, managed well, can provide the impetus … Read More 

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Impact of Leadership Styles on Strategic Decisions: Taylor Swift and Apple Music at the Negotiation Table

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leadership

When Apple Inc. announced plans to step into the market for streaming audio, it had no idea what was waiting for it. To do it, the company negotiated countless agreements with musicians and studios. How someone can take charge of so many complex negotiations with musicians and studio executives begs the question, what is leadership … Read More 

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

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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 

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Must We Fight? From the Battlefield to the Schoolyard – A New Perspective on Violent Conflict and Its Prevention

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In this book, William Ury (director of the Global Negotiations Initiative at the Program on Negotiation at Harvard Law School) and a panel of experts from several scientific disciplines challenge the commonly held notion that violence is “human nature.” Must We Fight? presents new research and insights into human nature which demonstrate that humankind is … Read More 

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

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cultural barriers

When dealing with a difficult counterpart, it helps to take a conciliatory approach to the bargaining table. While apologies necessarily involve moments of vulnerability, they can also open doors to value creation and strengthen the relationship you have with your bargaining counterpart. Let’s look back at Apple’s apology in China for its maligned warranty policies … Read More 

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Multiparty NegotiationFour-Volume Set

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This comprehensive four-volume collection on multiparty negotiation brings together nearly 100 classic works and cutting-edge papers from law, international politics, organization studies and public administration … Read More 

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Team Building Using Negotiation Skills

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negotiation

To avoid conveying weakness to the other side, rather than calling for a break at the first sign of trouble, some teams devised secret signals they could use to bring wayward members in line—for instance, someone might stretch out her arms to communicate to another member that he’s getting off track. … Read More 

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Managing Conflict in the Former Soviet Union Russian and American Perspectives

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Since the collapse of the Soviet Union, numerous ethnic conflicts have emerged within and between the the former Soviet Republics, but the causes of these crises are sometimes poorly understood. In this collaborative effort, Russian and American scholars document U.S. and Russian policy toward ethno-national conflict in these regions, as well as the attempts of international … 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 

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Hidden Conflict in Organizations Uncovering Behind-the-Scenes Disputes

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

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Types of Mediation: Choose the Type Best Suited to Your Conflict

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types of mediation

When parties involved in a serious conflict want to avoid a court battle, mediation can be an effective alternative. In mediation, a trained mediator tries to help the parties find common ground using principles of collaborative, mutual-gains negotiation. We tend to think mediation processes are all alike, but in fact, mediators follow different approaches. Before choosing … Read More 

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Handbook of Dispute Resolution (The)

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Winner, National Institute for Advanced Conflict Resolution’s 2005 Book Award – A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes … Read More 

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Getting to YES

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Roger Fisher, William Ury, and Bruce Patton A straightforward, universally applicable method for negotiating personal and professional disputes without getting taken-and without getting angry. … Read More 

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Getting Ready to Negotiate The Getting to YES Workbook

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The companion volume to Getting to Yes — an essential, easy-to-use workbook on effective negotiating. Getting Ready to Negotiate

The first workbook to illustrate the process described in the extraordinary bestseller, Getting to Yes.

Designed to help the beginner as well as the seasoned pro prepare for every type of negotiation.

Use the book as a refresher course on … Read More 

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

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negotiations

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

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Negotiating with Family

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reservation point negotiation

Legal Disputes Where Emotions Override Reason Negotiating with a colleague or client can be complicated, but negotiating with a family member can cause us to leave reason at the door. Negotiating with family, where emotions are heightened, can lead to a reluctance to compromise. This is especially true when it comes to legal disputes between family … Read More 

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Negotiating with Millennials – How to Overcome Cultural Differences in Communication

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negotiating

Negotiation training often focuses on bridging gaps between negotiators with different styles, backgrounds, or objectives, but what about overcoming generational barriers in negotiation? Generational differences need not stymie efforts at the bargaining table. In this segment from “Dear Negotiation Coach,” we explore how to overcome cultural differences in communication with members of the Millennial generation. … Read More 

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Dividing the Child Social and Legal Dilemmas of Custody

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Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin consider these questions and their ramifications for society. This book examines the social and legal realities of how divorcing parents make … Read More 

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Designing Conflict Management Systems A Guide to Creating Productive and Healthy Organizations

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As organizations restructure and social stresses escalate, conflict in the workplace is on the rise. Whether in response to organizational goals such as resolving disputes with customers and clients, systemic problems in hiring and promotion practices, or interpersonal issues between managers, employees, and co-workers, business and government agencies are finding it increasingly more productive — … Read More 

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How to Negotiate a Business Deal

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How to Negotiate a Business Deal

In late 2016 and early 2017, news stories abounded of companies that were having second thoughts about planned mega-mergers. Abbott Laboratories began looking for ways to exit its acquisition of Alere, citing investigations of the medical test maker, for example. And Verizon started rethinking its acquisition of Yahoo! following a data breach at the tech … Read More 

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Dealing with an Angry Public

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Lawrence Susskind & Patrick Field Winner of the 1996 CPR Award for Excellence in ADR (Outstanding Book Category) … Read More 

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Cure for Our Broken Political Process (The) How We Can Get Our Politicians to Resolve the Issues Tearing Our Country Apart

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ABOUT THE BOOK: Record numbers of Americans fear that our political process is broken — for good reason. Our nation faces unprecedented challenges, yet our politicians spend most of their energy attacking one another. All the while, no one in public life has offered a practical way to neutralize the bitter partisanship that paralyzes Washington. Firmly grounded … Read More 

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Four Ways to Manage Conflict in the Workplace

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conflict in the workplace

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

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Art & Science of Negotiation (The)

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Howard Raiffa Winner of the 1985 Leo Melamed Prize of the Journal of Business for the most significant published work by a faculty member in a school of business in the preceding two years. … Read More 

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What is Dispute System Design?

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dispute system design

Dispute System Design (DSD) is the process of identifying, designing, employing, and evaluating an effective means of resolving conflicts within an organization. In order to be effective, dispute systems must be thoroughly thought out and carefully constructed. … Read More 

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Bargaining with the Devil

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Robert Mnookin offers practical advice for the most challenging conflicts — when you are facing an adversary you don’t trust, who may harm you, or who you may even feel is evil. … Read More 

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

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Soccer football negotation

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 

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Culture and Negotiation

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Culture-along with many other variables-often affects international negotiations. Culture and Negotiation offers a unique contribution by focusing on the distinctive impact of culture, both in creating unexpected opportunities for dispute settlement and in imposing obstacle to agreement. Part I presents expert views on the nature and limits of culture’s influence on negotiation. Part II comprises … Read More 

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

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crisis negotiations

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

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World Trade Center Redevelopment Negotiation

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Lawrence Susskind, Katherine Harvey, David Kovick, F. Peter Phillips, Marc Wolinsky, Cathy Cronin Harris, and Simeon Baum Six-person facilitated negotiation among representatives of the city, state, developer, insurer, and victims’ families regarding the redevelopment of the World Trade Center site following the Sept. 11, 2001 terrorist attacks … Read More 

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

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mediation

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

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Williams v. Northville

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person, non-scorable mediation between a school principal and a parent (with attorneys) regarding a values-based dispute over classroom discussions and materials addressing same-sex couples and their families … Read More 

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Negotiate International Energy Contracts with ENCO

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negotiate

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 

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Westville

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John Forester and David Stitzel Three-person, three-issue, integrative, scoreable mediation among representatives of a homelessness task force and a neighborhood group, mediated by a planning department representative, over the terms of a proposed homeless shelter in their suburban town … Read More 

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Welding Connection

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

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Conflict Resolution in the Family

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conflict management

In Lessons in Domestic Diplomacy, the New York Times’ Bruce Feiler, drawing on family conflict resolution negotiation examples in his past, offers a case study of conflict management by focusing on disputes in the home, asking, “how do we break out of negative patterns of conduct and proactively approach problems encountered in our everyday lives?” … Read More 

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Water on the West Bank

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Susan Podziba and Lawrence Susskind Seven-person, four-issue mediation among three Israeli water authority and regional representatives and three Palestinian water authority and political representatives over plans to drill a new well on the West Bank … Read More 

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In Contract Negotiation, Wise Business Negotiators Sweat the Small Stuff

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contract negotiation

What are business negotiators responsible for in contract negotiation? Many would say they’re in charge of building relationships and new business, crafting creative solutions, and fighting for the best deal possible. Few, however, would say they’re responsible for ensuring that the deal holds up well over time. … Read More 

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Tucker Graphics, Inc. and Nihon Ichiban Technology

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Sean Cote under the supervision of Abram Chayes and Antonia Handler Chayes Three-person mediated or arbitrated settlement conference regarding a contract dispute between a U.S.-based graphics firm and a Japanese digital printer manufacturer … Read More 

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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 

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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 

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Summitville Service Agreement

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Patrick Field and Tracy Dyke A two-team (four-party), co-mediated, multi-issue negotiation simulation involving a bitter property tax dispute between a small town and an Indian band living on a nearby reservation … Read More 

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Alternative Dispute Resolution (ADR) Training: Mediation Curriculum

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mediation

In 2009, we collected many types of curriculum materials from teachers and trainers who attended the Mediation Pedagogy Conference. We received general materials about classes on Alternative Dispute Resolution (ADR) as well as highly specific and idiosyncratic units like Conflict Resolution through Literature: Romeo and Juliet and a negotiating training package for female managers … Read More 

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Springfield OutFest

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown This is a six-person, non-scorable negotiation simulation focused on mediating values-based legal disputes, specifically disputes involving conflicting views and values regarding homosexuality and religious faith. … Read More 

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3 Negotiation Strategies for Conflict Resolution

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conflict resolution

When a dispute flares up, the outcome can be sadly predictable: the conflict escalates, with each side blaming the other in increasingly strident terms. The dispute may end up in litigation, and the relationship may be forever damaged. … Read More 

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Siting an Asphalt Plant in the City of Madrona

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Jason Corburn and Lawrence Susskind Six-party, multi-issue negotiation among community representatives, elected leaders, environmental and health experts, and asphalt company regarding siting of an asphalt plant in a racially mixed neighborhood … Read More 

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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 

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Emotional Triggers: How Emotions Affect Your Negotiating Ability

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emotional triggers

Example of negotiation in daily life: Imagine you’re about to negotiate with a competing firm about a possible merger. You enter the conference room and find a reasonable and fair representative from the other company, someone you’ve reached mutually beneficial agreements with in the past. … Read More 

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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 

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Puerto Mauricio Development Conflict Simulation – Parts I & II

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Mieke van der Wansem, Tracy Dyke and Lawrence Susskind Thirteen-person, multi-issue, two-round, partially scoreable negotiation among government, industry, environmental, and farming stakeholders to develop a land-use plan (Part I) and among additional government stakeholders over plan approval (Part II) … Read More 

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PowerScreen Problem

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Bruce Patton, Mark Gordon and Andrew Clarkson Two-party integrative negotiation between the lawyers for business partners concerning the ownership of a new computer program one of them has developed … Read More 

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Powergraphics

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Michael Watkins, Marjorie Corman Aaron and Joshua Weiss Two-party integrative negotiation between business partners concerning the ownership of a new computer program one of them has developed; condensed, non-agent version of PowerScreen Problem … Read More 

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

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

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Open Lands A Private Planning Negotiation

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Patrick Field, Ric Richardson, and John Harrison Eight-person facilitated negotiation among seven landowners to develop voluntary private land-use plan to provide financial security while preserving open space and agricultural land … Read More 

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How to Renegotiate a Bad Deal

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Renegotiate

Think you have some stories from trying to renegotiate? Try this one on for size. Many viewed the deal to be a terrible one from the start.  Back 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 … Read More 

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Offshore Wind Farm Negotiation

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MIT Students in the Department of Urban Studies and Planning, under the supervision of Prof. Lawrence Susskind and Dr. Herman Karl 8-party nonscorable negotiation among commercial, environmental, and governmental stakeholders over a controversial proposal to develop offshore wind farms … Read More 

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Arbitration vs Mediation: What’s Wrong with Traditional Arbitration?

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arbitration vs mediation

Arbitration vs mediation: Traditionally, the arbitrator is not limited to selecting one of the parties’ contract proposals but may determine the contract terms on his own. If negotiators know that impasse will lead to traditional arbitration, they typically assume that the arbitrator will reach a decision that’s an approximate midpoint between their final offers. … Read More 

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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 

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Gender Discrimination: How to Reach a Negotiated Agreement

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As you know, gender stereotypes often enter the negotiation process. Women and men are perceived to, and often do, act differently in negotiations. Furthermore, gender-based discrimination—such as less pay, unequal treatment, and sexual harassment—is often a source of conflict. With the resources available through the Teaching Negotiation Resource Center (TNRC), professionals can learn how to … Read More 

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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 

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5 Good Negotiation Techniques

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negotiation techniques

You’ve mastered the basics of good negotiation techniques: you prepare thoroughly, take time to build rapport, make the first offer when you have a strong sense of the bargaining range, and search for wise tradeoffs across issues to create value. Now, it’s time to absorb five lesser-known but similarly effective negotiation topics and techniques that … Read More 

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Negotiated Development in Redstone

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Lawrence Susskind and John Forester Two-party, two-issue scoreable negotiation between a developer and a neighborhood association representative regarding the development terms of a new condominium project … Read More 

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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 

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Cognitive Biases in Negotiation and Conflict Resolution – Common Negotiation Mistakes

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Cognitive Biases

Negotiators planning to engage in conflict resolution in a personal or business disputes should be aware of cognitive biases in negotiation, particularly when your dispute is being decided by a judge. Before doing so, you should consider carefully what psychologists, political scientists, and legal scholars have learned about judges from negotiation research and social science: … Read More 

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MC Metals

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Dan Delisi, under the supervision of Lawrence Susskind and Paul Levy Six-person integrative negotiation among representatives of manufacturing company, occupational safety agency, union, local fire department, and local technical expert to settle claims of safety violations that allegedly caused two employee deaths … Read More 

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Types of Conflict in Business Negotiation—and How to Avoid Them

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types of conflict

Conflict in business negotiation is common, but it doesn’t have to be that way. There are steps we can take to avoid conflict and misunderstandings. Often, it helps to analyze the unique causes of conflict in particular negotiation situations. Here, we look at three frequent types of conflict in business negotiations and offer advice … Read More 

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March at Drumcree Role Play, The

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Rose Foley, under the direction of David Fairman and Laura Keane Five-party, multi-issue, EU-mediated negotiation between representatives of Catholic and Protestant groups regarding a Protestant marching route through Catholic neighborhoods … Read More 

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Top 10 Negotiation Skills You Must Learn to Succeed

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top negotiation skills

Increasingly, business negotiators recognize that the most effective bargainers are skilled at both creating value and claiming value—that is, they both collaborate and compete. The following 10 negotiation skills will help you succeed at integrative negotiation. … Read More 

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Long River

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Catherine Ashcraft and Larry Susskind A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action plan … Read More 

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Teach Your Students to Negotiate Climate Change

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How Can Communities Negotiate Climate Change Risks? With Hurricanes Harvey and Irma devastating much of Texas, Louisiana, the Caribbean, and Florida within days of each other, the impacts of climate change are dramatically affecting many communities. The severe flooding brought on by these storms has forced the impacted communities to confront a range of public health … Read More 

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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 

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

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

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

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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 

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Case Studies: Examples of Conflict Resolution

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conflict resolution

Conflict resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Conflict resolution sometimes requires both a power-based and an interest-based approach, such as the simultaneous pursuit of litigation (the use of legal power) and negotiation (attempts to reconcile each party’s … Read More 

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Humboldt

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Lawrence Susskind Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant … Read More 

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The Best Negotiation Exercises, Simulations and Videos

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Negotiation Exercises

Have you planned your curriculum and purchased your teaching material for next semester? We’re here to help you to find the best negotiation exercises and teaching aids for your negotiation classes. The Teaching Negotiation Resource Center (TNRC) is your one-stop shop for negotiation exercises, role-play simulations and teaching videos. Whether you’re teaching a new course in … Read More 

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Hitana Bay Development Simulation

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International Programme for the Management of Sustainability, with Lawrence Susskind Ten-party, multi-issue negotiation among government, development, industry, labor, and preservation interests over port improvements, real-estate development, and environmental protection in a Caribbean island harbor expansion … Read More 

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A Discussion with Frank Sander about the Multi-Door Courthouse Concept

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multi door courthouse

As a collaboration between UST School of Law and the Program on Negotiation at Harvard Law School, the following is the transcript of a conversation between the creator of the multi-door courthouse, Harvard Law Professor Frank E.A. Sander, and the executive director and founder of the University of St. Thomas (UST) International ADR [Alternative Dispute … Read More 

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Heat Islands

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Tyler Corson-Rickert and Mónica Oliver under the direction of Professor Lawrence Susskind This is a seven-party, integrative negotiation between stakeholders in a city over how to implement housing retrofits to enhance resilience to extreme heat in the aftermath of deadly heat waves attributed to climate change. … Read More 

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Integrative Negotiations: Examples of Dispute Resolution Through Joint Fact-Finding

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integrative negotiations

Sometimes parties to a dispute disagree on key facts and forecasts but lack the technical or scientific expertise needed to come to a consensus. Suppose, for instance, that a developer is seeking to build a high-rise condominium building in a village that is experiencing a development boom. Longtime residents fight the proposal, arguing that another … Read More 

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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 

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Teach Real Estate Negotiation

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Real Estate Negotiation

Teach Real Estate Negotiation Real estate negotiation can be difficult for both the buyer and the seller. Teaching real estate negotiation can involve value creation, distributive bargaining, as well as issue linkages. The Teaching Negotiation Resource Center (TNRC) has developed a wide variety of negotiation simulations designed to teach real estate negotiation. Three of the … Read More 

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Gadgets, Inc.

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Cheri Peele and Lawrence Susskind Six-party, four-issue negotiation among a company’s management and union representatives, environmental groups, and state and federal environmental agencies over fines and adoption of new technology in response to the company’s illegal polluting … Read More 

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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 

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When International Negotiation Stymies the Best Mediators

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negotiation

On May 13, Lakhdar Brahimi, U.N. special envoy to Syria, announced that he was quitting his position as lead mediator of the Syrian conflict due to frustration with a lack of progress. The same day, a French diplomat said the Syrian government had used chemical weapons more than 12 times after signing a treaty banning … Read More 

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Federal Lands Management II

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Consensus Building Institute, Montana Consensus Council and Bureau of Land Management Facilitated multi-party negotiation over the appropriate environmental, commercial, residential, and other uses of federal lands in the Rocky Mountains … Read More 

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Teaching with Video-Based Negotiation Scenarios

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teaching negotiation

Access to multimedia content has rapidly increased throughout the world, with videos and short clips permeating our daily life. We are consuming, producing, and interacting with videos more now than ever before. In light of increasing video fluency and interest in using videos in education, the Program on Negotiation’s Teaching Negotiation Resource Center is creating … Read More 

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Federal Lands Management I

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Consensus Building Institute, Montana Consensus Council, and Bureau of Land Management Facilitated multi-party negotiation over the appropriate decision-making process for a federal land management dispute … Read More 

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Negotiation Exercises to Help Your Students Avoid Cross-Cultural Pitfalls

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Negotiation Exercises

Avoid cross-cultural misunderstandings with these negotiation exercises It’s no secret that communication and negotiation etiquette varies widely across cultures. In France, for example, it is rude to talk money over dinner, while in Brazil the American ‘A-OK’ gesture (thumb and forefinger forming a circle) can be a major insult. The increasingly diverse and global nature of business … Read More 

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Ellis v. MacroB

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faith … Read More 

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Managing Difficult Employees — Like Alex Rodriguez?

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difficult employees

What negotiation strategies should employers use when dealing with difficult employees? Conflict management strategies and negotiation skills go hand in hand as this negotiation example about New York Yankees’ star baseball player Alex Rodriguez demonstrates. … Read More 

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Eazy’s Garage

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Bruce Patton (adapted by Sheila Heen) Four-party, two-stage negotiation between an auto mechanic and a client and their respective attorneys over a disputed repair bill; first stage involves lawyer-client interviews and second stage involves negotiation … Read More 

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Teaching Negotiation Videos – All Downloadable!

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Negotiation Videos

Have you been energized by the unique “aha” moment students experience when video is used in their class? Us too! At the Teaching Negotiation Resource Center we’ve seen increasing demand for our videos as they provide educators with a stimulating launching pad for group discussion. Whether videos are a frequent component in your curriculum, or even if … Read More 

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Discount Marketplace and Hawkins Development

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Lawrence Bacow Two-party negotiation between a shopping center developer and a prospective anchor tenant over the terms of the proposed lease’s “use, assignment, and subletting” clause … Read More 

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Negotiating Indigenous Land Rights

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Indigenous Land Rights

Teach Your Students to Address Fundamental Value Differences While Negotiating Indigenous Land Rights Indigenous land rights have been a key aspect of negotiations by private companies and governments around the world. Indigenous land rights are the rights of indigenous peoples to land and natural resources, which they have occupied for hundreds, if not thousands, of years. … Read More 

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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 

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2017 Great Negotiator Award Goes to Colombian President Juan Manuel Santos

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On September 20th, Harvard Law School awarded the prestigious annual Great Negotiator award to Nobel Prize Winner, Colombian President Juan Manuel Santos, on behalf of the Program on Negotiation. This award recognizes those whose lifetime achievements in the field of negotiation and dispute resolution have had a significant and lasting impact. Santos is also a … Read More 

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Development Dispute at Menehune Bay

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Lawrence Susskind, Thomas Dinell, and Vicki Shook Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii … Read More 

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Teaching Negotiation: The Art of Case Study Writing

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Jim Sebenius, the Gordon Donaldson Professor of Business Administration at Harvard Business School, and Director of the Harvard Negotiation Project, addressed these questions in his presentation at the NP@PON Faculty Dinner Seminar on October 7, 2010. His article, “Developing Negotiation Case Studies,” began as a memo to a novice case writer about how to write … Read More 

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Costless Warehouse

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Joe Voyticky Four- or five-person negotiation to settle an employee’s claim of discriminatory firing and employer’s claim of illegal conduct; negotiators represent each party, with optional fifth role who knows confidential details of each party’s case … Read More 

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Crisis Negotiation Skills: The Hostage Negotiator’s Drill

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crisis negotiation

Here are some negotiating skills from the world of crisis negotiations: Hostage negotiators stress the importance of discussing the “drill”—goals, ground rules, and operating principles—with their team before beginning talks with a hostage taker. … Read More 

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Construction in Bunyonville

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Bruce Patton Six-person, multi-issue mediation between two construction company representatives and two neighborhood residents over a construction project’s safety and noise issues; mediated by two representatives of the bank financing the construction … Read More 

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What Is an Umbrella Agreement?

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umbrella agreement

Business negotiators tend to want the best of best worlds. When reaching agreement, they want to pin down parties’ respective rights and responsibilities, but they also want to retain the flexibility they need to deal with ever-changing business conditions. … Read More 

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Chemco, Inc.

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Wendy Pabich and Lawrence Susskind Six-person, five-issue negotiation between three industrial factory representatives and three environmental agency representatives over environmental and economic concerns in the wake of damaging negative publicity for both parties … Read More 

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Top 10 Dispute Resolution Skills

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Too often, dispute resolution can be an acrimonious and unproductive process. The following 10 negotiation and conflict resolution strategies can help you find creative ways to reach mutually satisfactory agreements. … Read More 

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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 

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Bullard Houses Role-Play Simulation Helps Researchers Explore Gender Inequality

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role play simulation

In a recent Slate.com article, writer and PhD in Psychology Jane Hu described the findings of a research study by Professor Laura J. Kray, University of California, Berkeley. Kray, along with co-authors Jessica Kennedy, PhD, and Alex Van Zant, PhD, investigated the role gender played in negotiation and focused specifically on whether the stereotype of women … Read More 

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Camilia Pictures

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Robyn Cali and Robert C. Bordone Two-party, multi-issue, potentially integrative settlement negotiation between lawyers for a large entertainment conglomerate and its wholly-owned film production company over the rights to a new documentary film and the clients’ future relationship … Read More 

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Manage Family Conflict When Business Negotiations Go Bad

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Manage Family Conflict When Business Negotiations Go Bad

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

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Broken Benches

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Author(s): Marjorie Corman Aaron and JAMS/Endispute Four-person mediation and/or arbitration of a personal injury claim, among plaintiff, plaintiff’s lawyer, and counsel for defendant’s insurance company; arbitrator roles include possible plaintiff or defense bias … Read More 

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New Negotiation Game to Teach Value Distribution

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Value Distribution

Teach Your Students Value Distribution with a Simulation on Solar Power Do your students really understand the difference between value distribution and integrative negotiation, and have you given them a chance to practice their distributive bargaining skills? Do they understand that every negotiation includes elements of both value creation and value distribution? To help teach these … Read More 

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Bog Berries, Inc. v. the Federal Environmental Agency

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Catherine Preston and Lawrence Susskind Five-issue negotiation between three factory representatives and three Federal Environmental Agency representatives over the factory’s new operational agreement, in the context of harsh public criticism of both parties … Read More 

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Negotiation Case Studies: Teach By Example

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Negotiation Case Studies

There are good negotiators and there are great ones. Once a year, the Program on Negotiation at Harvard Law School selects an outstanding individual who embodies what it means to be a truly great negotiator. To earn the Great Negotiator Award, the honoree must be a distinguished leader whose lifelong accomplishments in the field of dispute … Read More 

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Arms Control on Cobia

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

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Best-In-Class Negotiation Case Studies

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negotiation case studies

What’s one of the best ways to teach the art and science of negotiation? Case studies and articles that spark lively discussion or facilitate self-reflection. Based on real-world examples, these teaching resources are designed to help students envision how to apply what they’ve learned in the classroom and beyond. The Teaching Negotiation Resource Center (TNRC) at … Read More 

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Amending Approval for the Storyville Pulp and Paper Mill

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Consensus Building Institute and Alberta Environmental Appeal Board Mediation of a three-party dispute among a paper mill, a community group, and an environmental regulatory agency over the paper mill’s air pollution permit … Read More 

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Real Leaders Negotiate to Meet Their Organization’s Goals

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multiparty negotiations

Imagine a typical leader, and you might think of someone who is bold, decisive, visionary, assertive, and charismatic. Now think about the kinds of actions that such a leader might regularly engage in. Delegating, making top-down decisions, and otherwise exerting one’s power might immediately come to mind. A behavior that’s not typically at the top of … Read More 

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Managing Growth in Rockville

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Armand Ciccarelli and Lawrence Susskind Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning … Read More 

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Teach Your Students Spoiler Management in Negotiations

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spoilers

What can you do to protect a negotiation from spoilers? The greatest risk to a negotiation can come from parties at the table who are intent on spoiling the agreement. Spoilers are parties in a negotiation who believe that the agreement will threaten their power and interests, and so they spoil the negotiation. Some spoilers have limited … Read More 

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Jefferson Hazardous Waste Negotiation

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Vicki Arroyo and Lawrence Susskind Eight-party, five-issue negotiation among community, environmental, business, and government interests over the formulation of a statewide hazardous waste siting policy … Read More 

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Powerful Conflict Resolution Games to Help You Teach Negotiation

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Powerful Conflict Resolution Games to Help You Teach Negotiation

From complicated negotiation strategies to artful subterfuge, conflict resolution games are one of the very best ways to prepare for the challenges of real-world negotiation. Games that employ a Prisoner’s Dilemma structure (where rational parties may not cooperate despite their best interests) enable participants to analyze negotiations, make strategic decisions, and anticipate their counterpart’s next … Read More 

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Eazy’s Garage

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Bruce Patton Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill … Read More 

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Best-In-Class Negotiation Case Studies You Can Use to Train

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Top Negotiation Case Studies

What’s one of the best ways to teach the art and science of conflict resolution? With negotiation case studies that spark lively discussion or facilitate self-reflection. Based on real-world examples, these teaching resources are designed to help students envision how to apply what they’ve learned in the classroom and beyond. … Read More 

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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 

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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 

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Global Management of Organochlorines

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Lawrence Susskind, Sarah McKearnan, Mike Gordon, Adil Najam, Joshua Secunda, Granville Sewell, Parag Shah and Andrea Strimling Thirteen-person, multi-issue facilitated negotiation among eight country representatives, four NGO representatives, and a working group chairperson must draft a treaty aimed at reducing harmful organochlorines; also known as “Chlorine Game” … Read More 

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Mediation: Negotiating a More Satisfactory Divorce

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Mediation: Negotiating a More Satisfactory Divorce

We’ve all heard nightmarish stories of divorce battles that take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be daunting, especially when the principals are barely speaking to each other. In the worst-case scenario, bitter spouses hire cutthroat lawyers … Read More 

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Negotiation Journal

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The Negotiation Journal is a multidisciplinary international journal devoted to the publication of works that advance the theory, analysis, practice, and instruction of negotiation and dispute resolution. … Read More 

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Negotiation Topics in Business: Coming Up with Win-Win Solutions at the Bargaining Table

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integrative negotiation and a win-win solution a place in business negotiations

Even those who effectively engage in an integrative negotiations or mutual-gains approach to negotiation, a bargaining scenario in which parties work together to meet interests and maximize value creation during the negotiation process, can be stymied by the task of dividing up a seemingly fixed pie of resources, such as budgets, revenue, and time. … Read More 

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Harvard Negotiation Law Review

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Negotiation, not adjudication, resolves most legal conflicts. However, despite the fact that dispute resolution is central to the practice of law and has become a “hot” topic in legal circles, a gap in the literature persists. “Legal negotiation” — negotiation with lawyers in the middle and legal institutions in the background — has escaped systematic … Read More 

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The Moral Quandary: Negotiation Exercises Featuring Ethical Dilemmas

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In a negotiation, few issues heighten tensions faster than when one party feels that the other party has done something ethically or morally incorrect. To help professionals prepare for times like this, the Program on Negotiation’s Teaching Negotiation Resource Center (TNRC) offers a variety of negotiation exercises designed to teach participants how to handle disputes that … Read More 

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Using Principled Negotiation to Resolve Disagreements

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Using Principled Negotiation to Resolve Disagreements

Parties can often reach a better agreement through integrative negotiation—that is, by identifying interests where they have different preferences and making tradeoffs among them. If you care more about what movie you see tonight, but your friend cares more about where you have dinner, for example, you can each get your preference on the issue … Read More 

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Values-Based Mediation Simulations

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Three new role-play simulations focus on the mediation of values-based disputes. They are now available with Teaching Notes and an Annotated Bibliography from the Program on Negotiation Clearinghouse. … Read More 

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Revolutionize How You Teach TNRC Negotiation Exercises and Role-Plays

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You’ve told us that using technology in your teaching is important so we spent some time evaluating various platforms and software that help negotiation teachers and trainers to utilize the power of role-plays in their classes. The team at iDecisionGames has created a web-based platform that offers many benefits and opportunities to transform how you … Read More 

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How Much Should You Share at the Negotiation Table?

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How Much Should You Share at the Negotiation Table?

Suppose that two entrepreneurs, a marketing expert and an IT specialist, are thinking about merging their consulting firms to create a greater synergy of services. As their talks unfold, each wonders how much information to disclose. Should they bring up discussions with other potential partners? … Read More 

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Mediation Training: What Can You Expect?

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mediation training

Organizations have long recognized the value of hiring professional mediators to help resolve disputes. More and more, managers have begun to also see value in securing mediation training for themselves and their employees. Although there are times when the services of an unbiased, professional mediator are needed, there may also be instances in which employees … Read More 

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How to Negotiate Under Pressure

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How to Negotiate Under Pressure

At the time, it seemed to be an example of coolheaded dealmaking in the midst of disaster. In 2009, hit hard by the 2008 financial crisis and changes in consumer preferences, U.S. automaker Chrysler was on the brink of collapse, and the Treasury Department stepped in to do a deal. In exchange for about $12 … Read More 

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Announcing the 2017 PON Summer Fellows

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negotiation topics in business six negotiation strategies for integrative negotiations involving haggling

PON offers fellowship grants to students at Harvard University, MIT, Tufts University and other Boston-area schools who are doing internships or undertaking summer research projects in negotiation and dispute resolution in partnership with public, nonprofit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between scholarship and practice in negotiation and … Read More 

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Global Impact Negotiation Simulation

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International law and diplomacy is a rapidly evolving field that depends on the brokering of agreements between nations and other stakeholders. Whether there are language barriers, cultural differences, or both, some of the most challenging negotiations involve parties from different nations. Because of the relative lack of clear legal precedents and the difficulties of enforcement, … Read More 

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How Negotiation Role-Play Simulations Can Help You Resolve Environmental Disputes

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From complicated land use debates to the regulation of pollutants, environmental negotiations are fraught with dynamic legal, scientific, and societal considerations. Because many of the natural resources in question are limited and fragile, disputes over them can be particularly difficult. To help educate professionals about how to work through challenging environmental and sustainability negotiations, the Program … Read More 

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Announcing the 2017-2018 PON Graduate Research Fellows

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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 

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Arbitration vs Mediation: Using Teambuilding and ADR in Negotiation

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During his years as George H.W. Bush’s Secretary of State, one of James A. Baker, III’s, goals was to encourage the free-market reforms that Communist Party of the Soviet Union General Secretary Mikhail Gorbachev had launched in the late 1980s. One day during his tenure, a high-level Bush administration official commented in the press that … Read More 

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Navigating Business Relationships Using Negotiation

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Navigating Business Relationships Using Negotiation

A three-year dispute between Starbucks and Kraft Foods over distribution of Starbucks packaged coffee in grocery stores was resolved in 2013 when an arbitrator determined that Starbucks had breached its agreement with Kraft and ordered the coffeemaker to pay the food giant $2.75 billion. … Read More 

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Dealmaking: Don’t Wait for Them to Blink

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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 

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Negotiation Skills: How to Work with Your Counterpart in Negotiations

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negotiation skills in business communication seeking advice from others

Negotiation skills in business communication and seeking advice from others, what are the potential benefits? Advice seeking inherently employs multiple self-presentation tactics (including ingratiation, self-promotion, and supplication), it allows us to improve both our competence and our likability. … Read More 

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

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Alternative 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 

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How to Overcome Cultural Barriers to Communication in International Negotiations

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how to overcome cultural barriers to communication in international negotiations

How to overcome cultural barriers to communication: As members of organizations and families, we all know from experience that even people with identical backgrounds can have vastly different negotiating styles and values. Nonetheless, we continue to be intrigued by the idea that distinct patterns emerge between negotiators from different cultures. … Read More 

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Mediation Used in Dispute Resolution Over Art Museums

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Mediation Used in Dispute Resolution Over Art Museums

When partners are negotiating a new business deal, overconfidence can lead them to overlook the possibility that the business will fail or otherwise struggle. Wise negotiators envision not only the best-case scenario, but the worst-case scenario, and prepare for it before signing on the dotted line. … Read More 

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When Dealmaking Breaks Down, Take the High Road

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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 

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Dispute Resolution, NHL style

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Dispute resolution in NHL

The deal suggests a valuable way for business negotiators in all realms to break through thorny disputes: expand your focus by looking for tradeoffs that cut across time periods. … Read More 

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How Does Mediation Work in a Lawsuit: Choosing the Right Mediator

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how does mediation work in a lawsuit choosing the right mediator

How does mediation work in a lawsuit? For those new to mediation, we advise you being by getting a list of mediators from a reputable provider agency. You can find these agencies by searching under dispute resolution or by inquiring with your organization’s legal department. … Read More 

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Dispute Resolution: Uncertainty, Risk, and Opportunity in Water Diplomacy

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dispute resolution define negotiation skills what leads to renegotiation

When countries face contending water claims, one of the biggest obstacles to reaching an agreement is uncertainty. Specifically, there are three types of uncertainty: uncertainty of information, uncertainty of action, and uncertainty of perception. In part 2 of this 5 part series, Program on Negotiation faculty member Lawrence Susskind explains the uncertainties facing negotiators trying … Read More 

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VIDEO: William Ury on “Getting to Yes with Yourself”

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At the Program on Negotiation at Harvard Law School, William Ury, a founding member of the Program on Negotiation and co-author of the seminal book Getting to Yes, spoke about his latest book, Getting to Yes with Yourself (and Other Worthy Opponents). Over 250 community members, students, and faculty members filled Austin Hall to hear Ury … Read More 

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International Negotiation Role Playing: Systems Thinking and Peace-Building

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international negotiation - peacebuilding negotiation strategies in international negotiations

Policymakers, practitioners, and academics have seized on the need for peacebuilding negotiation strategies in international negotiation to be as complex and adaptive as the societies within which they work. As a result, there are loud calls for “whole of government” or “whole of community” approaches that cross traditional sectoral boundaries.  The problem is that these approaches are … Read More 

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How to Manage Conflict at Work

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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 

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An Alternative to Traditional Dispute Resolution Instruction

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dispute resolution

Many negotiation and mediation instructors draw from other disciplines for a range of purposes. Insights from social psychology, for instance, can help students understand, explain, or predict certain interpersonal and inter-group dynamics. Ideas from economics and game theory can shed light on various value-creation principles. … Read More 

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What is Med-Arb?

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med arb

When parties find themselves involved in a serious conflict, they often try to avoid the expense and hassle of litigation by turning to one of the two most common alternative dispute resolution processes: mediation or arbitration. … Read More 

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Great Negotiators vs. Great Negotiations: The Program on Negotiation’s Great Negotiator Teaching Series

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great negotiators vs great negotiations the program on negotiation’s great negotiator teaching series

Teaching negotiation using case studies focused on the efforts of great negotiators can help achieve several pedagogical goals at the same time. Developed by Professor James Sebenius of Harvard Business School, the Program on Negotiation’s Great Negotiator case study series, available from the PON Clearinghouse, highlights the lessons learned by each recipient of PON’s Great … Read More 

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How Professional Negotiators Can Avoid Public Controversy

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successful negotiation examples emotional intelligence as a negotiating skill and negotiation tactic

In negotiation, we sometimes become so focused on what we’re trying to achieve at the bargaining table that we fail to adequately account for how the deal could look to observers. As two recent deals that the U.S. government reached with Iran show, it’s important for professional negotiators to consider the optics. … Read More 

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Conflict Management: Intervening in Workplace Conflict

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Question: I’m aware of lots of unresolved personnel issues that seem to be festering in my department, such as complaints about someone who is not doing his share of the work, another person whose griping is causing a drop in morale, and two coworkers who can’t seem to get along. I’m comfortable negotiating with customers, … Read More 

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In Conflict Resolution, Look for Trusted Partners

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How can you engage in conflict management with someone who doesn’t trust you? Consider bringing in someone the other party does trust to mediate the dispute, as the FBI and the occupiers of the Malheur National Wildlife Refuge in Oregon did to promote a peaceful end to their standoff in February 2016. … Read More 

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Q&A with William Ury, author of Getting To Yes With Yourself

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Are You Your Own Worst Enemy? We recently interviewed William Ury, co-founder of Harvard’s Program on Negotiation, one of the world’s leading experts on negotiation, and bestselling author of Getting to Yes and Getting Past No, about his new book, Getting To Yes With Yourself. Great negotiators know that the path to resolution is not always linear … Read More 

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Capture the Best of Mediation and Arbitration

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The problem: You’re not sure which of the two most common dispute-resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, but it … Read More 

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How Mediation Works

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When negotiators can’t come to agreement but want to avoid an expensive, time-consuming, and potentially rancorous lawsuit, mediation is often their most logical choice. Mediation can help to resolve a wide range of disputes. … Read More 

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Alternative Dispute Resolution In-House: Mediation, Arbitration, or Med-Arb?

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The three most common alternative dispute resolution techniques are: mediation, arbitration, and med-arb. However, it can often be difficult to determine which method is best for your particular situation. Here are four possible objectives you may have as a leader in your organization and suggestions for which type of ADR may be most appropriate in that scenario. Objective #1: … Read More 

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Top International Negotiation Examples: The East China Sea Dispute

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

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How to Deal with a Difficult Mediator

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3 Types of Conflict and How to Address Them

Francesca Gino, Program on Negotiation faculty member and author of the bestselling book, Sidetracked: Why Our Decisions Get Derailed and How We Can Stick to the Plan, tackles this question from a Negotiation Briefings reader concerning how to deal with a mediator that is abrasive, dismissive, or even rude. … Read More 

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Top International Negotiation Examples: Apple’s Apology in China

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international negotiation

In April 2013, Apple CEO Timothy D. Cook made the unusual move of apologizing to Chinese customers for his company’s warranty policy and promised to make amends, the New York Times reports. On March 15, International Consumers’ Day in China, the nation’s largest state-run television network criticized Apple for giving iPhone customers in China a short … Read More 

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What’s Keeping You from Closing the Deal?

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When talks stall, it’s tempting to jump to conclusions: “It’s purely a price gap.” “They’re being unreasonable.” “We’re not communicating well.” “We’re in a weak position.” … Read More 

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PON Faculty Daniel Shapiro Named One of the 15 Best Professors at Harvard College by the Harvard Crimson’s Fifteen Minutes Magazine

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The Harvard Crimson’s Fifteen Minutes magazine recently honored Program on Negotiation at Harvard Law School faculty member Daniel Shapiro as one of the 15 best professors at Harvard College. Director of the Harvard International Negotiation Program and Associate Professor in Psychology at Harvard Medical School, Professor Shapiro is the author of Negotiating the Nonnegotiable: How … Read More 

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Negotiation Examples to Help You Become a Better Mediator

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When opposing parties cannot come to a satisfactory resolution, a strong mediator can make all the difference. By effectively examining the issues at hand and helping parties identify creative solutions, a well-trained mediator builds consensus where there once was none. To help professionals learn the art of mediation, the Program on Negotiation’s Teaching Negotiation Resource Center … Read More 

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Negotiation Scenario: Hammering out Local Strategies for Managing Climate-related Public Health Risks

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Climate change is already causing increased temperatures, more intense storms, and rising sea levels in many parts of the world. The threats, particularly the impacts on human health, are daunting. Despite uncertainties about the timing and severity of the impacts of climate change in each location, this simulation asserts that cities and towns must take … Read More 

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What is Alternative Dispute Resolution?

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So, you’re stuck in a serious dispute, but you’re desperate to avoid the hassle and expense of a court case. You’ve heard about alternative dispute resolution but are not sure what it entails. … Read More 

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Choose the Right Dispute Resolution Process

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What is dispute resolution? There are three basic types of dispute resolution, each with its pros and cons. The first two, mediation and arbitration, are considered types of alternative dispute resolution because they are an alternative to litigation. … Read More 

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The Ladder of Inference: A Resource List

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The ladder of inference is a model of decision making behavior originally developed by Chris Argyris and Donald Schoen and elaborated upon in the context of negotiation by Program on Negotiation co-founder Bruce Patton in his book Difficult Conversations, co-authored with fellow Program on Negotiation faculty members Douglas Stone and Sheila Heen. The model describes … Read More 

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How to Conduct a Mediation During Crisis Negotiations

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

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10 Negotiation Failures

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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 

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PON Remembers Howard Raiffa

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The Program on Negotiation would like to honor the memory of beloved colleague Howard Raiffa by highlighting his vast contributions to the field of decision making, negotiation, and dispute resolution. Howard Raiffa was one of the four principal co-founders of the Harvard Kennedy School and the Frank Plumpton Ramsey Professor of Managerial Economics Emeritus, a … Read More 

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Conflict Resolution Games: Life, Death, and Career Consequences

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High-Stakes Conflict Resolution Games In Drug Testing in the Workplace—a popular role-play from the TNRC—a truck driver tests positive for marijuana in a random drug test. To play this conflict resolution game, participants assume the roles of truck driver, personnel director, and a representative from the Employee Assistance Program Center, and then explore the question: What is the … Read More 

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What is an Arbitration Agreement?

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

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How Your Organization Can Benefit from Mediation Techniques

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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 

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World in Crisis! One of the Most Immersive and Rewarding Negotiation Games Ever Created

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This negotiation simulation comprised “the most intense, challenging and educational days of my life” reported one participant. What sort of experience could possibly elicit such a comment? One of the most immersive and rewarding negotiation games ever developed: a 72-party mega-simulation called the Transition Exercise!

The Transition (Excercise Trailer) from MediaTank on Vimeo. This one-of-a-kind, intensive, multi-party … Read More 

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Negotiating with Your Agent

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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 

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

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Findings from Negotiation Research How Memory Affects Decision Making in Negotiations

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

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Is Mediation Expertise What You Need?

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When a negotiation escalates into a dispute, most managers understand the value of seeking out a mediator for professional assistance with the matter. The question of whom to hire, however, is less clear-cut. What type of expetise should your mediator have, and where should you look for her? In this article, we will walk you … Read More 

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Case Study: Teaching with a Powerful Negotiated Agreement

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What do a Nobel Peace Prize recipient, the CEO of an international financial advisory firm, and the former United States ambassador to the United Nations have in common? They’ve all received the Great Negotiator Award. Every year, the Program on Negotiation at Harvard Law School bestows this prestigious honor on distinguished leaders whose lifelong accomplishments in … Read More 

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Announcing the 2016 PON Summer Fellows

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PON offers fellowship grants to students at Harvard University, MIT, Tufts University and other Boston-area schools who are doing internships or undertaking summer research projects in negotiation and dispute resolution in partnership with public, non-profit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between scholarship and practice in negotiation and … Read More 

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Negotiation Role-Plays for Building Critical Skills

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Here is a brief story about about a teenager named Chris Jensen. On his way home from basketball practice, he walked into a grocery store and shoplifted some candy bars and a soda. The storeowner saw him, chased after him, and, as luck would have it, they ran right into a police officer. But instead … Read More 

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Announcing the 2016-2017 PON Graduate Research Fellows

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    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 

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In Acrimonious Disputes, Conflict Management is Key

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In Acrimonious Disputes Conflict Management is Key

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 

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Using Mediation to Resolve International Disputes

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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 

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The Negotiation Simulation Method: Teach Legal Lessons by Immersive Means

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In complex legal negotiations, money, reputations, and sometimes even lives are often at stake. Legal professionals must know how to read and debate the law as well as fully embrace the art and science of negotiation. To help attorneys and other legal professionals become well versed in law and court-based negotiation, the Program on Negotiation’s Teaching … Read More 

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Modest Goals Gave Hope to Syria Peace talks

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

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Negotiation Exercises Designed To Help Settle Workplace Conflict

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From brokering a deal to negotiating a sale, there are many disputes that happen at work. Among the most challenging are those involving employers and employees. That’s the case with Binder Kadeer: Consultation in the Company, a negotiation exercise brought to you by the Program on Negotiation’s Teaching Resource Center (TNRC). … Read More 

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For Kesha, Support of Peers Could Bring Settlement Leverage

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Business negotiators are typically advised to keep their dealmaking and dispute resolution efforts private. Complaining about an adversary’s negotiation and conflict resolution strategies to the press or on social media can escalate disputes and increase the likelihood of impasse. Yet when a negotiation becomes so contentious that it requires formal dispute resolution, such as a lawsuit, … Read More 

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Negotiation Skills for Resolving International Conflicts

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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 

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The Two Koreas Practice Conflict Management

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In August 2015, the decades-long conflict between South Korea and North Korea threatened to reach a breaking point. The causes of conflict between North and South go deep, but in this case, the South accused the North of planting land mines that seriously injured two South Korean border guards. South Korea retaliated with an old … Read More 

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