Guhan Subramanian

The following items are tagged Guhan Subramanian:

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

Posted by & filed under Dealmaking.

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

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under Negotiation and Leadership.

IN-PERSON

THREE-DAY COURSE | July 17-19, 2023 Negotiation and Leadership: Dealing with Difficult People and Problems BONUS DAY | July 20, 2023 The 4P Framework for Strategic Negotiation and Leadership

Three-Day Program Agenda Negotiation and Leadership: Dealing with Difficult People and Problems DAY 1: Monday, July 17, 2023UNDERSTANDING KEY NEGOTIATION CONCEPTS MORNING: Registration, Continental Breakfast and Overview 8:00 a.m. – 9:00 a.m. ET Negotiation Fundamentals—Key … Read More 

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under Negotiation and Leadership.

IN-PERSON

THREE-DAY COURSE | December 4-6, 2023 Negotiation and Leadership: Dealing with Difficult People and Problems BONUS DAY | December 7, 2023 The Art of Saying No: Save the Deal, Save the Relationship, and Still Say No

Three-Day Program Agenda Negotiation and Leadership: Dealing with Difficult People and Problems DAY 1: Monday, December 4, 2023UNDERSTANDING KEY NEGOTIATION CONCEPTS MORNING: Registration, Continental Breakfast and … Read More 

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under Negotiation and Leadership.

IN-PERSON

THREE-DAY COURSE | October 23-25, 2023 Negotiation and Leadership: Dealing with Difficult People and Problems BONUS DAY | October 26, 2023 Future Proofing: How to Make Sure Your Negotiated Agreement is Good for the Long Term

Three-Day Program Agenda Negotiation and Leadership: Dealing with Difficult People and Problems DAY 1: Monday, October 23, 2023UNDERSTANDING KEY NEGOTIATION CONCEPTS MORNING: Registration, Continental Breakfast and … Read More 

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under Negotiation and Leadership.

IN-PERSON

THREE-DAY COURSE | September 18-20, 2023 Negotiation and Leadership: Dealing with Difficult People and Problems BONUS DAY | September 21, 2023 Difficult Conversations: How to Discuss What Matters Most

Three-Day Program Agenda Negotiation and Leadership: Dealing with Difficult People and Problems DAY 1: Monday, September 18, 2023UNDERSTANDING KEY NEGOTIATION CONCEPTS MORNING: Registration, Continental Breakfast and Overview 8:00 a.m. – 9:00 a.m. ET Negotiation Fundamentals: … Read More 

6 Bargaining Tips and BATNA Essentials

Posted by & filed under BATNA.

The best bargaining tips taught by the experts should offer ways to enhance your bargaining power in negotiation. To do this, you must cultivate a strong BATNA, or best alternative to a negotiated agreement. The more appealing your best alternative is, the more comfortable you will feel asking for more in your current negotiation—secure in … Read 6 Bargaining Tips and BATNA Essentials 

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under Negotiation and Leadership.

IN-PERSON

THREE-DAY COURSE | June 20-22, 2023 Negotiation and Leadership: Dealing with Difficult People and Problems BONUS DAY | June 23, 2023 Unlocking Value in Complex Business Deals

Three-Day Program Agenda Negotiation and Leadership: Dealing with Difficult People and Problems DAY 1: Tuesday, June 20, 2023UNDERSTANDING KEY NEGOTIATION CONCEPTS MORNING: Registration, Continental Breakfast and Overview 8:00 a.m. – 9:00 a.m. ET Negotiation Fundamentals—Key Concepts and … Read More 

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under Negotiation and Leadership.

IN-PERSON

THREE-DAY COURSE | May 15-17, 2023 Negotiation and Leadership: Dealing with Difficult People and Problems BONUS DAY | May 18, 2023 Negotiating the Impossible

Three-Day Program Agenda Negotiation and Leadership: Dealing with Difficult People and Problems DAY 1: Monday, May 15, 2023UNDERSTANDING KEY NEGOTIATION CONCEPTS MORNING: Registration, Continental Breakfast and Overview 8:00 a.m. – 9:00 a.m. ET Negotiation Fundamentals—Key Concepts and Core Vocabulary 9:00 a.m. … Read More 

Negotiating with Liars: Bluffing versus Puffing

Posted by & filed under Negotiation Skills.

How many time have you sat at the bargaining table, and wondered, “am I negotiating with liars?” And to your own self be true—how many times have you been untruthful in a negotiation? The example below shines a light on how lies can get negotiators into hot water. Back in July 2014, Jesse Litvak, the former … Read Negotiating with Liars: Bluffing versus Puffing 

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under Negotiation and Leadership.

IN-PERSON

THREE-DAY COURSE | April 3–5, 2023 Negotiation and Leadership: Dealing with Difficult People and Problems BONUS DAY | April 6, 2023 3D Negotiation: Powerful New Tools to Turbocharge Your Effectiveness

Three-Day Program Agenda Negotiation and Leadership: Dealing with Difficult People and Problems DAY 1: Monday, April 3, 2023UNDERSTANDING KEY NEGOTIATION CONCEPTS MORNING: Registration, Continental Breakfast and Overview 8:00 a.m. – 9:00 a.m. ET Negotiation … Read More 

What is Anchoring in Negotiation?

Posted by & filed under Uncategorized.

Consider this anchoring bias example from Harvard Business School and Harvard Law School faculty member Guhan Subramanian. While running a negotiation simulation in one of his classes, Subramanian noticed that one student spent a considerable amount of time explaining why $10.69 per hour would be an impossible wage rate to offer the student’s counterpart. The … Read What is Anchoring in Negotiation? 

Secrets of Successful Dealmaking

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (Five-Day Programs).

Course Dates: This course is closed In corporate dealmaking, much of the action happens away from the negotiating table. Successful dealmakers understand that deal set-up and design greatly influence negotiation outcomes. In this program, you will examine the legal, tactical, and structural elements of dealmaking and acquire practical skills and techniques for navigating difficult tactics and … Read Secrets of Successful Dealmaking 

7 Tips for Closing the Deal in Negotiations

Posted by & filed under Dealmaking.

“ABC: Always Be Closing.” That’s the sales strategy that actor Alec Baldwin’s character Blake shared in the 1992 film Glengarry Glen Ross as he tried to motivate a group of real estate salesmen. In his verbally abusive, profanity-laced speech, Blake presented a ruthless model of closing a business deal that ignores customers’ needs and cuts … Read 7 Tips for Closing the Deal in Negotiations 

Dear Negotiation Coach: Negotiating a Win Win Relationship with Friends

Posted by & filed under Dealmaking.

Though we’re often advised against mixing friends and business, it’s not only inevitable at times; it can also be beneficial to everyone involved. The key is to negotiate in a way that ensures a win win relationship between parties, and in bigger business deals, that may include seeking outside help. We connected with Guhan Subramanian, Joseph … Read More 

Negotiation Examples in Real Life: Buying a Home

Posted by & filed under Business Negotiations.

While many of our articles discuss negotiation theory and the latest research, sometimes it helps to discuss negotiation examples in real life when offering negotiation tips and advice. The following negotiation example is based on bargaining in real estate, a negotiation scenario many of us may face in our lifetime. … Read Negotiation Examples in Real Life: Buying a Home 

Take your BATNA to the Next Level

Posted by & filed under BATNA.

If your current negotiation reaches an impasse, what’s your best outside option? Most seasoned negotiators understand the value of evaluating their BATNA, or best alternative to a negotiated agreement, a concept that Roger Fisher, William Ury, and Bruce Patton introduced in their seminal book, Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 1991, second … Read Take your BATNA to the Next Level 

Negotiation Logistics: Best Practices for Better Deals

Posted by & filed under Dealmaking.

Negotiators are often so intent on preparing for the substance of a negotiation—researching the other party, analyzing their alternatives, and so on—that they neglect to devote adequate time to critical negotiation logistics, such as where to negotiate, how formal or informal talks should be, and even the shape of the negotiating table. Before the official start … Read More 

In Negotiation, How Much Authority Do They Have?

Posted by & filed under Business Negotiations.

While hammering out an agreement during negotiation, a mid-level manager offered a customer a significant price discount. When the discount failed to materialize, the customer sued. In response, company representatives argued that the manager did not have the authority to offer the discount. Who is right? … Read In Negotiation, How Much Authority Do They Have? 

Dear Negotiation Coach: Coping with a Change-of-Control Provision

Posted by & filed under Business Negotiations.

We recently received a question regarding a change-of-control provision and how to move forward with potentially renegotiating a contract. We spoke with Faculty Chair, Program on Negotiation at Harvard Law School, Guhan Subramanian, to answer the question. Q: I represent a company—let’s call it “ClientCorp”—that has a long-term contract with another company, “TargetCorp.” A change-of-control … Read More 

Business Negotiation Skills: How to Deal with a Failing Business Partnership

Posted by & filed under Business Negotiations.

It had seemed like the beginning of a fruitful relationship. In April 2012, six wealthy businessmen teamed up to buy the Philadelphia Inquirer and several affiliated businesses for $61.1 million, promising to work together to reverse the newspaper’s flagging fortunes. Their infusions of cash and appointment of a Pulitzer Prize–winning reporter, William K. Marimow, as … Read More 

Dear Negotiation Coach: When Silence in Negotiation is Golden

Posted by & filed under Uncategorized.

Question: I have the sense that silence can sometimes be useful, but it usually just makes me feel uncomfortable. Does silence in negotiation have benefits? A: In Western cultures, many people are uncomfortable with silence. We tend to talk on top of one another, with little pause between point and counterpoint. Any silence that occurs often … Read More 

Win-Win Bargaining: Private Negotiation, Public Auction, or Both?

Posted by & filed under Business Negotiations.

When Amazon and Apple each began scouting locations for a new campus in 2017, we might have expected them to follow similar negotiating strategies aimed at win-win bargaining. In fact, their searches were very different:

Amazon set off a frenzy in September 2017 when it announced it was soliciting bids from cities interested in hosting its second headquarters, … Read More 

Dear Negotiation Coach: Deal Structuring and Negotiating with “Bad Acts”

Posted by & filed under Dealmaking.

Deal structuring and negotiating can feel challenging in the best of situations. But when you’re dealing with “bad acts,” there are additional factors to consider when you structure your negotiation strategy. This is what one reader asked about when facing a deal to buy out a company. Here’s their question: Q: I work for an international … Read More 

Beware the Winner’s Curse in Auctions

Posted by & filed under Business Negotiations.

In 2017, Amazon announced it was taking bids from cities interested in being the site of its second headquarters, known as HQ2. The online behemoth said it would be investing $5 billion in a campus and creating 50,000 well-paying jobs. Cities and regions across North America snapped to attention, and Amazon received 238 proposals. Amazon asked applicants … Read Beware the Winner’s Curse in Auctions 

Dear Negotiation Coach: Can External Advisers Hinder a Problem Solving Approach?

Posted by & filed under Mediation.

There are numerous advantages to hearing from external advisers and experts in a high-stakes negotiation. However, when talks are at an impasse, limiting the negotiation to a small number of participants may be a more beneficial problem solving approach than including outside opinions. This was at the heart of a recent question answered by Guhan Subramanian, … Read More 

In Crisis Negotiations, Stay Rational Under Pressure

Posted by & filed under Crisis Negotiations.

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. The U.S. Treasury Department stepped in to run a crisis negotiation. In exchange for about … Read More 

Dear Negotiation Coach: Determining the Right Compensation Offer After a Disaster

Posted by & filed under Dispute Resolution.

In the aftermath of a large-scale catastrophe or disaster in the United States—such as 9/11, the opioid epidemic, and mass shootings—the courts can be ill-equipped to take on the complex task of negotiating a compensation offer for large numbers of claimants. Instead, “special masters” are often assigned to create and administer victim-compensation programs, a job … Read More 

Dear Negotiation Coach: How Do I Handle Reverse Auctions in a Business Contract Negotiation

Posted by & filed under Negotiation Skills.

Reverse auctions are becoming a more frequent reality of business contract negotiations as companies work to cut expenses. In most negotiations, however, price is not the only issue. Guhan Subramanian, Joseph Flom Professor of Law & Business at Harvard Law School and Douglas Weaver Professor of Business Law at Harvard Business School, answered a question … Read More 

Dear Negotiation Coach: How Can I Use Deal Structuring and Negotiating to Resolve an Impasse?

Posted by & filed under Dealmaking.

When two sides seem far apart on a contract dispute, careful and creative deal structuring and negotiating can often result in a winning agreement for both sides. Here’s an example of how that might look in a business deal, based on a question we recently received. “My company, a large multinational, contracts with an outside vendor … Read More 

Dear Negotiation Coach: Coordinating Teams to Get Everyone in the Same Frames

Posted by & filed under Uncategorized.

Q: I lead a team of approximately 50 lawyers in the in-house legal department of a Fortune 500 company. As our team gets larger, reflecting the company’s growth, I’d like to install quality-control measures to ensure that all our attorneys are effectively negotiating settlements when appropriate and taking cases to trial when not. What are … Read More 

Does Small Talk in Negotiation Offer Big Gains?

Posted by & filed under Business Negotiations.

According to conventional wisdom, small talk builds rapport and gets both sides a better deal in the end. But in fact, the question of whether to engage in small talk can be highly context-specific. New York City investment bankers, for example, tend to be far less likely than Texas oil executives to engage in small … Read Does Small Talk in Negotiation Offer Big Gains? 

5 Good Negotiation Techniques

Posted by & filed under Negotiation Skills.

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 5 Good Negotiation Techniques 

How to Defend Against “Scope Creep” at the Negotiation Table

Posted by & filed under Uncategorized.

The following question was asked of Negotiation Coach and PON faculty member Guhan Subramanian in the February 2014 issue of the Negotiation Briefings newsletter: Question: I run a small consulting firm that has a services contract with a major multinational corporation. The team we work with has a bad habit of continually adding items to the … Read More 

5 Win-Win Negotiation Strategies

Posted by & filed under Uncategorized.

Business negotiators understand the importance of reaching a win-win negotiation: 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 5 Win-Win Negotiation Strategies 

Harvard Law Professor Guhan Subramanian Moderates Panel on Difficult Negotiation Scenarios

Posted by & filed under Crisis Negotiations.

In Harvard Law Today, Brett Milano published an article titled, Catastrophic harms, complicated questions reviewed a recent panel, “Innovative Models for Resolving Disputes after Mass Disasters and Catastrophic Harms,” held at Harvard Law School on Oct. 22. As mentioned in the article, it “brought together three experts who have helped resolve disputes after recent historic … Read More 

Fundamental Aspects of Negotiation: Setting the Table

Posted by & filed under Negotiation Skills.

In March 2018, U.S. president Donald Trump shocked even his own White House staff when he revealed that he had accepted an invitation to meet with North Korean leader Kim Jong-un. After months of name-calling and threats between Trump and Kim, the news that the two leaders would discuss the possibility of North Korea dismantling … Read More 

Must-Read Negotiation Books for 2019

Posted by & filed under Uncategorized.

The year 2017 offered plenty of negotiation hits and misses in the realms of government, business, and beyond. To avoid failed negotiations in 2018, politicians, business leaders, and the rest of us would be wise to explore the following recent negotiation books, which can help steer us through our most difficult negotiating dilemmas: … Read Must-Read Negotiation Books for 2019 

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

Posted by & filed under Dealmaking.

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

Negotiate Business Contracts that Last

Posted by & filed under Business Negotiations.

After engaging in the complex process of business negotiation, business negotiators are often happy to pass off the technicalities of deal drafting to their attorneys. Unfortunately, this handoff is prone to errors. Vague, contradictory, and missing deal terms are not uncommon, and they can lead to serious problems during the implementation stage, according to Harvard … Read Negotiate Business Contracts that Last 

Setting the right table

Posted by & filed under International Negotiation.

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

Bargaining at a Fever Pitch

Posted by & filed under Leadership Skills.

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

Subramanian Will Succeed Mnookin as Program on Negotiation Chair

Posted by & filed under Uncategorized.

Professor Guhan Subramanian ’98 will be the new chair of the Program on Negotiation (PON) at Harvard Law School. Subramanian holds appointments at both Harvard Law School, where he is the Joseph H. Flom Professor of Law and Business, and Harvard Business School, where he is the H. Douglas Weaver Professor of Business Law. As chair of PON, he … Read More 

Business Negotiations: Matching Rights – The Fundamentals

Posted by & filed under Business Negotiations.

When the mergers-and-acquisitions boom began in 1993, many deals simply required the seller to let the buyer know if a “superior proposal” came along. By the late 1990s, buyers were demanding – and receiving – more than this: an exclusive negotiating period of several days, during which they could decide to match or improve upon … Read More 

Negotiation in the News: Before building a coalition, consider the consequences

Posted by & filed under Leadership Skills.

This past July, the News Media Alliance (NMA), a trade association of approximately 2,000 U.S. and Canadian news organizations, announced that it was planning to ask Congress for a limited antitrust exemption to allow its members to negotiate collectively with Google and Facebook regarding digital advertising. With consumers increasingly accessing their news through web platforms, … Read More 

Video: Setting the Stage for Productive Negotiations

Posted by & filed under Daily.

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

Win-Win Business Negotiations: The Wachovia Buyout

Posted by & filed under Uncategorized.

Changing financial and legal conditions can create and destroy wealth in the blink of an eye. How does a negotiator take advantage of such periods of change? During the financial crisis of 2008, Wachovia Corporation found itself looking for a buyer to avoid collapse while the financial industry as a whole was the grips of … Read More 

A Bidding War at Sundance

Posted by & filed under Dealmaking.

Filmmaker Nate Parker sticks to his dreams in a heated “negotiauction.” Most sellers dream about driving up the price of a commodity in a bidding war. But how can you stay true to your nonfinancial goals in an auction fixated on price? Nate Parker, the filmmaker, star, and producer behind the film The Birth of a … Read A Bidding War at Sundance 

To Reduce Post-Deal Regret, Take an Analytical Approach

Posted by & filed under Dealmaking.

Dissatisfied with her first book contract, comedian Amy Schumer canceled it and negotiated a different one. A better strategy? Lessen your odds of disappointment from the start. In 2012, David Hirshey, senior vice president and executive editor of publisher HarperCollins, saw Amy Schumer’s stand-up comedy act and was so impressed by the rising star that he offered … Read More 

In Business Negotiations, Capitalize on a Right of First Refusal

Posted by & filed under Business Negotiations.

As dealmakers look for more sophisticated ways to reduce risks and increase returns, a right of first refusal—a contractual guarantee that one side can match any offer that the other side later receives—has become a common and useful tool to add to your business negotiation skills.

Negotiation Skills

Claim your FREE copy: Negotiation Skills

Build powerful negotiation skills and become a better dealmaker and leader. Download our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.

When the mergers-and-acquisitions (M&A) boom began in 1993, many deals … Read More 

When armed with negotiating power, use it wisely

Posted by & filed under Business Negotiations.

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

Lessons in Negotiation: Guhan Subramanian Cited by US Securities and Exchange Commissioner Daniel Gallagher

Posted by & filed under Business Negotiations.

Program on Negotiation executive committee member and Harvard Law School and Harvard Business School professor Guhan Subramanian was recently cited by Commissioner Daniel M. Gallagher of the United States Securities and Exchange Commission during his opening statement at the Proxy Voting Roundtable. In discussing the equalizing effect of a universal balloting system on corporate governance, Commissioner … Read More 

Negotiation Skills: View Your Counterpart as an Agent

Posted by & filed under Negotiation Skills.

Looking for yet another way to build your power at the negotiating table? Examine the incentives of your counterpart—and then consider whether they align with those of the group she represents. In most business negotiations, notes Harvard professor Guhan Subramanian, your counterpart is acting as her organization’s representative, or agent (just as you’re acting as … Read More 

How to avoid a bidding war

Posted by & filed under Business Negotiations.

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

In business negotiations, assess when to go it alone

Posted by & filed under Business Negotiations.

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

Pull Ahead of the Pack with a “Negotiauction”

Posted by & filed under Dealmaking.

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

Business Negotiations: Imposing Procedural Constraints

Posted by & filed under Business Negotiations.

Sometimes the courts will be unwilling to get involved in the substantive terms of the deal but will impose procedural constraints on the more powerful party. Consider the case of a controlling shareholder in a publicly traded company – someone who holds more than 51% – who wants to “cash out” the minority shareholders. Under the corporate … Read More 

Deal Making: When You Hold All the Cards

Posted by & filed under Dealmaking.

Consider the following hypothetical negotiation scenarios, in which you seem to hold all the cards: – One of your customers has just landed a lucrative new contract, and you’re the only supplier who can add a critical component to that customer’s production process. – You own a controlling interest in a publicly traded company and are seeking … Read Deal Making: When You Hold All the Cards 

Program on Negotiation Welcomes Visiting Scholar Stefanos Mouzas

Posted by & filed under Daily.

Stefanos Mouzas is Professor of Marketing and Strategy at Lancaster University Management School in England, where he is also affiliated with the Center of Law and Society. He received his B.Sc. (Economics) from the University of Athens, LL.M. (Contract Law) from University of Bristol, and Ph.D. (Marketing) from Lancaster University. He was Visiting Professor … Read More 

Matching Rights in Business Negotiations: Advice for the Grantor – Use Matching Rights to Bridge the Gap

Posted by & filed under Business Negotiations.

In negotiation, including a matching right in an agreement can be a classic win-win move. Suppose you’re a landlord negotiating with a prospective tenant. You want to maintain the ability to sell the apartment to someone else in the future, while your prospective tenant wants a commitment to rent the apartment for as long as … Read More 

A deal blows up

Posted by & filed under Business Negotiations.

When negotiating a new business partnership, what should you do if you begin to believe that your partner is less attractive than he (or it) first appeared? Duke Energy faced this question during the course of its nearly two years of merger negotiations with Progress Energy. In July 2012, the two North Carolina– based companies closed … Read A deal blows up 

Deal Making Without a Net: Yahoo’s Tumblr Acquisition

Posted by & filed under Dealmaking.

On May 19, Internet company Yahoo announced that it was purchasing the blogging service Tumblr for about $1.1 billion in cash. The acquisition could put a fresh face on the aging Internet company and provide it with a profitable revenue source—or it could turn out to be another instance of the Web pioneer overpaying for … Read More 

From negotiation to auction: The rise of real-time bidding

Posted by & filed under Dealmaking.

Because of a technological innovation called real-time bidding, or RTB, more and more online-advertising transactions are being completed through auctions rather than negotiations. The transformation could foreshadow similar changes in other realms, as negotiations gain the potential to become more automated. How RTB works In the dark ages of the Internet, websites would negotiate individually with potential … Read More 

Conflict management from the start

Posted by & filed under Business Negotiations, Daily.

Adapted from “Before You Sign on the Dotted Line…”first published in the Negotiation newsletter, May 2009. After reaching an agreement, professionals often rely on their lawyers to draw up the official contract. Unfortunately, miscommunication between negotiators and their lawyers often leads to costly mistakes. Contract terms may not accurately represent the negotiated agreement, key deal terms … Read Conflict management from the start 

Sizing up the competition

Posted by & filed under Business Negotiations, Daily.

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

Don’t rush into a flawed contract

Posted by & filed under Business Negotiations, Daily.

Adapted from “A Contingent Contract? Weigh the Costs and Benefits of Making a ‘Bet’,” by Guhan Subramanian (professor, Harvard Law School and Harvard Business School), first published in the Negotiation newsletter, August 2006. Contracts in professional sports are often chock-full of contingencies -“bets” that parties place on their different expectations of future outcomes – and former … Read Don’t rush into a flawed contract 

Could Your Power Trip Backfire?

Posted by & filed under Conflict Resolution.

Adapted from “When You Hold All the Cards,” by Guhan Subramanian (professor, Harvard Business School and Harvard Law School), first published in the Negotiation newsletter. Being the more powerful party in a negotiation doesn’t guarantee a free ride. Specifically, legal rules may constrain your actions. In particular, the courts might read additional terms into the deal … Read Could Your Power Trip Backfire? 

Negotiators: Don’t Go on a Power Trip

Posted by & filed under Negotiation Skills.

Adapted from “When You Hold All the Cards,” by Guhan Subramanian (professor, Harvard Business School and Harvard Law School), first published in the Negotiation newsletter. One of your customers has just landed a lucrative new contract, and you’re the only supplier who can add a critical component to that customer’s production process. Concerns about violating your … Read Negotiators: Don’t Go on a Power Trip 

Negotiation? Auction? A Deal Maker’s Guide

Posted by & filed under Business Negotiations, Daily.

Guhan Subramanian, Joseph Flom Professor of Law and Business, Harvard Law School; Douglas Weaver Professor of Business Law, Harvard Business School; Author of Negotiauctions When you have something to sell, should you hold an auction or negotiate a collaborative deal that delivers maximum value to both sides? In this article, professor Guhan Subramanian compares the risks … Read Negotiation? Auction? A Deal Maker’s Guide 

Know your rights!

Posted by & filed under Business Negotiations, Daily.

Adapted from “Matching Rights: A Boon to Both Sides,” by Guhan Subramanian (professor, Harvard Business School and Harvard Law School), first published in the Negotiation newsletter. As dealmakers look for more sophisticated ways to reduce risks and increase returns, a matching right—a contractual guarantee that one side can match any offer that the other side … Read Know your rights! 

Prof. Guhan Subramanian featured in Forbes India

Posted by & filed under Business Negotiations, Daily.

Professor Guhan Subramanian was featured in Forbes India in April 2010. Professor Subramanian discusses his latest book Negotiauctions: New Dealmaking Strategies for a Competitive Marketplace, which was published in February 2010. Click here to read the full article. Professor Subramanian will be teaching Advanced Negotiation: Deal Design and Implementation at the Harvard Negotiation Institute June 14-18. For … Read Prof. Guhan Subramanian featured in Forbes India 

Too much commitment?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Are You Overly Committed to the Deal?” First published in the Negotiation newsletter. A telecommuter hires a carpenter to build a workstation for her home office. The carpenter’s contract requires payment of 50% upon signing, an additional 30% halfway through the job, and the final 20% upon completion. When the job is done, … Read Too much commitment? 

“Are We Exclusive?”

Posted by & filed under Business Negotiations.

Ron McAfee, a carpenter and roofing expert, spent considerable time working with a condominium association on the design of a new roof deck. After gaining agreement on the proposed layout, design, and materials, McAfee submitted a written bid of $12,500. One of the board members subsequently showed McAfee’s plans to another roofer, who offered to … Read “Are We Exclusive?” 

Professor Guhan Subramanian featured in TheDeal.com

Posted by & filed under Business Negotiations, Daily.

Guhan Subramanian is one of the most prominent — and ambitious — legal academics of his generation. The 39-year-old is the only person who’s ever held tenured positions at Harvard’s law and business schools, and on the side he advises companies on M&A and corporate governance. After authoring numerous academic papers and a corporate law … Read More 

Program on Negotiation saddened by the loss of 2007 Great Negotiator, Bruce Wasserstein

Posted by & filed under Daily, Great Negotiator Award.

The Program on Negotiation at Harvard Law School was saddened to learn of the death of Bruce Wasserstein, PON’s 2007 Great Negotiator. The Great Negotiator Award is  given to recognize an individual whose lifetime achievements in the field of negotiation and dispute resolution have had a significant and lasting impact. Wasserstein, Chairman and CEO of  … Read More 

Negotiating the Financial Crisis

Posted by & filed under Daily, Events.

Panelists will discuss the negotiation challenges presented by the banking crisis, GM’s restructuring, and the policy making process. Moderator: Robert Mnookin, Chair of the Program on Negotiation and Samuel Williston Professor of Law at Harvard Law School Panelists: Howell Jackson, Acting Dean and Professor, Harvard Law School Robert Pozen, Chairman of MFS Investment Management and Senior Lecturer of Business Administration … Read Negotiating the Financial Crisis