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What Is an Umbrella Agreement?

Posted by & filed under Dispute Resolution.

Business negotiators tend to want the best of both worlds. When reaching an 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. One solution to this apparent dilemma is to craft an umbrella agreement. … Read More 

Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – November 14-16, 2022

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 Harvard Kennedy School—all of whom are committed to delivering a transformational learning experience. … Read More 

Understanding Different Negotiation Styles

Posted by & filed under Negotiation Skills.

In the business world, some negotiators always seem to get what they want, while others more often tend to come up short. What might make some people better negotiators than others? The answer may be in part that people bring different negotiation styles and strategies to the bargaining table, based on their different personalities, experiences, … Read More 

Managing Difficult Negotiations: Lessons from the 2015-2017 Illinois Budget Impasse

Posted by & filed under Dispute Resolution.

On July 6, 2017, the state of Illinois finally resolved a 793-day budget impasse, the longest such impasse in U.S. history. The economically devastating stalemate between Republican then-governor Bruce Rauner and the Democratic-controlled state legislature, triggered by hardball negotiation tactics, offers lessons to negotiators managing difficult negotiations. An Agenda and a Condition As Illinois politicians approached negotiations … Read More 

How to Negotiate Under Pressure

Posted by & filed under Negotiation Skills.

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 

Dear Negotiation Coach: Breaking Bad News in Negotiation

Posted by & filed under Negotiation Training.

Like it or not, we sometimes have to deliver bad news in negotiation. We spoke with Leslie John, Associate Professor at Harvard Business School, to find out how to accomplish this without ruining a relationship. It began with this question. Q: I am a real-estate agent working in a relatively active market. Unfortunately, market conditions mean … Read More 

Managing Cultural Differences in Negotiation

Posted by & filed under International Negotiation.

It’s important to educate yourself about your counterpart’s culture so that you don’t risk offending her or seeming unprepared. At the same time, it would be a mistake to focus too narrowly when preparing for cross-cultural communication in business. Research on international negotiation can help us think more broadly when it comes to managing cultural … Read More 

Negotiating with Your Boss: Secure Your Mandate and Authority for External Talks

Posted by & filed under Leadership Skills.

When thinking about how to negotiate with your boss, you likely focus on negotiations over your salary, responsibilities, and workload. But negotiating with your boss can also set you up for success in negotiations outside your organization. Many of us have been frustrated by a superior’s involvement in a negotiation, whether because they micromanaged talks, contradicted … 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 More 

Negotiation Preparation Strategies

Posted by & filed under Business Negotiations.

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

Dear Negotiation Coach: Should You Say Thank You for Concessions in Negotiations?

Posted by & filed under Negotiation Skills.

We had the chance to speak with Alison Wood Brooks, O’Brien Associate Professor of Business Administration at Harvard Business School, regarding a question about expressing thank for concessions in negotiations. Here’s the original question: Q: This may sound like a trivial question, but it’s been bothering me. When my negotiation counterparts make a favorable concession or … Read More 

Contingency Contracts in Business Negotiations

Posted by & filed under Business Negotiations.

Question: Lately I have been hearing a lot—both in the news and on the job—about companies using contingencies in contracts. Given that I sometimes negotiate deals that entail a lot of risk regarding how future events will play out, I am interested to know how contingencies work and how I might use them. … Read More 

Government Negotiations: The Brittney Griner Case

Posted by & filed under International Negotiation.

In February 2022, Women’s National Basketball Association (WNBA) star Brittney Griner was arrested in Russia, where she plays for a professional basketball team during the WNBA offseason, after being accused of bringing vape cartridges with cannabis oil into the country. She faces 10 years imprisonment in a Russian penal colony. Given the extreme tensions between … Read More 

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 More 

Value Claiming in Negotiation

Posted by & filed under Negotiation Skills.

In most negotiations, we face two goals: claiming value and creating value. Value can be defined as anything you would like to get out a negotiation, whether it be more dollars, a consulting contract, a new rug, an end to conflict, and so on. … Read More 

Leadership Skills in Negotiation: How to Negotiate Equity Incentives with Senior Management

Posted by & filed under Leadership Skills.

How can you use your leadership skills in negotiation to divide the pie of resources with those that helped you grow it in the first place? In this negotiation case study, Kevin Mohan, Senior Lecturer at  Harvard Business School examines how executives can expand the pie while helping those who contribute claim equitable value. … Read More 

Team Negotiation: Tackle Common Pitfalls

Posted by & filed under Dealmaking.

When a team negotiates on behalf of an organization, it can often achieve more than an individual would, thanks to team members’ cumulative knowledge and experience. Yet team negotiation can create new problems. Groupthink—the tendency to go along with the dominant point of view rather than challenging it—can promote overly simplistic decision making in teams … Read More 

What is Distributive Negotiation and Five Proven Strategies

Posted by & filed under Dealmaking.

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

Negotiation in Business: Ethics, Bias, and Bargaining in Good Faith

Posted by & filed under Business Negotiations.

As we’ve discussed in previous articles about negotiation examples in business, a negotiator’s beliefs concerning negotiation ethics are affected by cognitive biases. You probably can recall times when a negotiating opponent made what appeared to be a blatant misstatement. If you’re like most people, you assumed the person was lying to gain an advantage. … Read More 

Should Salary Expectations Be a Laughing Matter?

Posted by & filed under Business Negotiations.

In salary negotiations, job candidates are often at a disadvantage relative to the hiring organization. Due to the well-documented anchoring effect, the first figure introduced into the discussion tends to strongly influence the salary expectations. Unfortunately for candidates, the first figure mentioned in a negotiation often is not in their favor. For example, when opening salary … Read More 

How to Balance Your Own Values in Negotiation

Posted by & filed under Business Negotiations.

What are the best negotiation examples from real life? Imagine that you’ve been negotiating the sale of a property that is owned by your company. The buyer has made an attractive offer that you’ve tentatively accepted. Your boss is pleased with the terms as they stand, but suggests that you go back to the buyer … Read More 

Why Great Negotiators Earn More Money

Posted by & filed under Salary Negotiations.

What’s the best way to claim more money in a negotiation? Many professional negotiators would recommend hard-bargaining tactics, such as asking the other party to disclose their bottom line, standing firm on price, and threatening to walk away. But truly great negotiators recognize that using haggling strategies alone may leave significant money on the table. … Read More 

How to Find the ZOPA in Business Negotiations

Posted by & filed under Business Negotiations.

In business negotiation, two polar-opposite errors are common: reaching agreement when it wouldn’t be wise to do so, and walking away from a mutually beneficial outcome. How can you avoid these pitfalls? Through careful preparation that includes an analysis of the zone of possible agreement, or ZOPA in business negotiations. … Read More 

MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table

Posted by & filed under Conflict Resolution.

MESO negotiation, a negotiation strategy for creating value with a counterpart who may be reluctant to negotiate, allows negotiators to propose multiple offers without signaling commitment or preference for any one option. Business negotiators that practice integrative negotiation strategies often complain that although they try to focus on creating value, they run into far too many difficult … Read More 

Using Body Language in Negotiation

Posted by & filed under Negotiation Skills.

Negotiation experts typically advise us to meet with our counterparts in person whenever possible rather than relying on the telephone or Internet. As convenient as electronic media may be, they lack the visual cues that help convey valuable information and forge connections in face-to-face talks. Without access to gestures and facial expressions, those who negotiate … Read More 

How to Control Your Emotions in Conflict Resolution

Posted by & filed under Conflict Resolution.

To guard against acting irrationally or in ways that can harm you, authors of Beyond Reason: Using Emotions As You Negotiate Roger Fisher and Daniel Shapiro advise you to take your emotional temperature during a negotiation. Specifically, try to gauge whether your emotions are manageable, starting to heat up, or threatening to boil over. … 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 

Ask A Negotiation Expert: Trends in Merger and Acquisition Strategies

Posted by & filed under Teaching Negotiation.

We recently spoke with Guhan Subramanian, the Joseph H. Flom Professor of Law and Business at Harvard Law School and the H. Douglas Weaver Professor of Business Law at Harvard Business School, regarding trends in merger and acquisition strategies and how that’s impacting negotiations.  Negotiation Briefings: In your research, you’ve found that the way in which … Read More 

How to Create Win-Win Situations

Posted by & filed under Win-Win Negotiations.

In business negotiation, a win-win agreement may be the ultimate goal, but it can sometimes prove elusive. Here, we offer four strategies from experts at the Program on Negotiation at Harvard Law School on how to create win-win situations in even the trickiest negotiations. … Read More 

5 Common Negotiation Mistakes and How You Can Avoid Them

Posted by & filed under Negotiation Skills.

Sometimes our negotiation mistakes are glaring: We accidentally reveal our bottom line, criticize the other party when patience was warranted, or get our numbers mixed up. More often, though, our negotiation mistakes are invisible: We get a perfectly good deal, but are unaware that we could have gotten a better one if we hadn’t succumbed … 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 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 More 

Fairness in Negotiation

Posted by & filed under Negotiation Skills.

Imagine that you and your business partner agree to sell your company. You end up getting an offer that pleases you both, so now you face the enviable task of splitting up the rewards. How do you ensure that there is fairness in negotiation? … Read More 

Why First Impressions Matter in Negotiation

Posted by & filed under Negotiation Skills.

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

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 

Negotiating Skills: How to Bargain “Behind the Table”

Posted by & filed under Negotiation Skills.

After the fall of the Berlin Wall in 1989, U.S. president George H. W. Bush and his secretary of state, James Baker, were eager to win international support for German reunification and German membership in NATO. But Soviet president Mikhail Gorbachev faced strong opposition to these measures from members of his own Communist Party. Both … Read More 

Leadership and Decision-Making: Empowering Better Decisions

Posted by & filed under Leadership Skills.

What is the role of leadership in an organization? Contrary to the traditional image of a sole individual steering the ship, leaders have an obligation to empower everyone in their organization to make sound and ethical decisions in negotiations and other contexts, write University of California, Berkeley, professor Don A. Moore and Harvard Business School … Read More 

Collective Leadership and the Paris Climate Change Agreement

Posted by & filed under Leadership Skills.

On April 14, the Program on Negotiation presented its 2022 Great Negotiator Award to Costa Rican diplomat Christiana Figueres for her success in spearheading the 2015 Paris Agreement on climate change. In a daylong series of events, including a public interview led by Harvard Kennedy School professor Hannah Riley Bowles and Harvard Business School professor … 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 

What is Anchoring in Negotiation?

Posted by & filed under Negotiation Skills.

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 More 

7 Tips for Closing the Deal in Negotiations

Posted by & filed under Dealmaking.

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

Tough Negotiator: Insights on Vladimir Putin from Former U.S. Secretaries of State

Posted by & filed under International Negotiation.

How should you prepare to negotiate effectively with an exceptionally tough negotiator? That’s the question the United States and its allies have faced since Russian president Vladimir Putin sent his troops to wage war on Ukraine on February 24. The experiences and insights of five former U.S. secretaries of state who negotiated directly with Putin … Read More 

Moving Toward Group Conflict Resolution

Posted by & filed under Conflict Resolution.

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

Collaborative Leadership: Managing Constructive Conflict

Posted by & filed under Leadership Skills.

“I like conflict,” U.S. President Donald Trump said at a March 6, 2018 press conference, referring to his style as a businessman and as president. With many key leaders departing his administration, Trump denied the White House was in chaos and suggested any internal conflict had been beneficial. “I like having two people with different … Read More