In their revolutionary book Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 3rd edition, 2011), Roger Fisher, William Ury, and Bruce Patton introduced the world to the possibilities of mutual-gains negotiation, or integrative negotiation. The authors of Getting to Yes explained that negotiators don’t have to choose between either waging a strictly competitive, win-lose … Read More 
Learn how to negotiate like a diplomat, think on your feet like an improv performer, and master job offer negotiation like a professional athlete when you download a copy of our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.
interests
A party’s basic needs, wants, and motivations that are potentially at stake in a negotiation. The measure of success in a negotiation is how well your interests are met. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 69). See Also: 2 Negotiation Role Plays Designed to Build Critical Skills, BATNA: The Danger of Take It or Leave It, Negotiation Case Studies: Lead By Example.
The following items are tagged interests:
Mediating Disputes – Fall 2019
Course Dates: October 14 – 18, 2019
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 … Read More
Abraham Path: A Thousand Miles on Foot
Stefan Szepesi
This six-party, multi-issue, non-scorable negotiation is between the
Abraham Path Initiative (API) and local counterpart organizations
in the Middle East over an attempt to agree on a public 1,000 mile cross-border
trail through the region.
… Read More
Business Negotiation Strategies: How to Negotiate Better Business Deals
New Free Report – Business Negotiation Strategies: How to Negotiate Better Business Deals
… Read More
Putting Your Negotiated Agreement Into Action
Normally negotiators focus on the deal-at-hand as well as those present at the negotiation table, neglecting other aspects of the negotiated agreement that would not only impact others outside of the room but also require their cooperation for the agreement’s success and viability.
… Read More
The Harvard Negotiation Intensive: A Two-Day Workshop
Course Dates: June 2020 – Exact Dates TBD
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 … Read More
A Decisive Decade: An Insider’s View of the Chicago Civil Rights Movement during the 1960s
The deeply personal story of a historic time in Chicago, Robert B. McKersie’s A Decisive Decade follows the unfolding action of the Civil Rights Movement as it played out in the Windy City.
… Read More
The New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation
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
Managing Difficult Employees: Listening to Learn
Managing difficult employees is one of the biggest challenges that leaders face. When employees seem unreasonable, belligerent, or uncooperative, managers may be tempted either to brush aside the problem or, alternatively, to fly off the handle.
A better solution when managing difficult staff? Use negotiation techniques to get to the root of underlying problems. The following … Read More
Negotiation Workshop: Strategies, Tools, and Skills for Success
Course Dates: June 2020 – Exact Dates TBD
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
Seven Secrets for Negotiating with Government How to Deal with Local, State, National, or Foreign Governments–and Come Out Ahead
Addresses the key variables involved in negotiating with government, from the influence of bureaucracy to the perception of power on the government side of the negotiating table
… Read More
Dealing with Difficult People
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
Diplomatic Negotiations: The Surprising Benefits of Conflict and Teamwork at the Negotiation Table
As the US presidential primary season heats up for both parties, it helps to take a look back at the 2008 US presidential election and the win-win coalition forged between Barack Obama and his then-rival, Hillary Clinton. As this example demonstrates, if carefully managed, disagreements can lead to better results than you might expect.
… Read More
Advanced Mediation Workshop: Mediating Complex Disputes
Course Dates: June 2020 – Exact Dates TBD
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 … Read More
Power of a Positive No (The)How to Say No and Still Get to Yes
From the coauthor of Getting to YES, a simple yet powerful three-step method for saying No firmly and effectively, without destroying relationships
… Read More
Harborco: Role-Play Simulation
Harborco is a consortium of development, industrial, and shipping concerns that are eager to proceed with the building of a new port, but face hurdles and potential opposition as they advance through the licensing process. The Federal Licensing Agency would like to see them work with other stakeholders to develop a project that is acceptable … Read More
Conflict Management Skills When Dealing with an Angry Public
When negotiators get along well, creative problem solving is easy. When they become upset, however, they seem to forget everything they know about finding joint gain, to the point of giving up tangible wins simply to inflict losses on the other party. This is especially true in high-profile negotiations that turn nasty.
… Read More
Negotiation and Leadership: Dealing with Difficult People and Problems BR
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
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Consensus Building Handbook
Lawrence Susskind, Sarah McKearnan & Jennifer Thomas-Larmer
Winner of the 1999 CPR Award for Excellence in ADR (Outstanding Book Category)
… Read More
Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator
Students who master business negotiation become better leaders. But it starts with building the right skills. And that’s where our latest free report comes in. In Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, you’ll learn:
… Read More
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
Negotiation and Leadership: Dealing with Difficult People and Problems AQ
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
Behavioral Theory of Labor Negotiations, A An Analysis of a Social Interaction System
In this book Walton and McKersie attempt to describe a comprehensive theory of labor negotiation. The authors abstract and analyze four sets of systems of activities which they believe account for much of the behavior found in labor negotiations.
The first system of activities, termed “distributive bargaining,” comprises competitive behaviors that are intended to influence the … Read More
Real Leaders Negotiate: Understanding the Difference Between Leadership and Management
In this FREE special report, we offer advice taken from the Negotiation Briefings newsletter, to help you improve your leadership and negotiation skills.
… Read More
Top 10 International Business Negotiation Case Studies
Here is a list offering a broad overview of negotiation case studies from the recent past along with analysis of each bargaining scenario:
… Read More
Negotiation and Leadership NL P
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
3-D Negotiation
David Lax & James Sebenius
A path-breaking introduction to the “three dimensions” of complex negotiated deal-making: table tactics, deal design, and the crucial but often overlooked dimension of setup
… Read More
Sally Soprano: Role-Play Simulation
Sally Soprano is a distinguished soprano who is now somewhat past her prime. She has not had a lead role in two years but would like to revive her career. The Lyric Opera has a production scheduled to open in three weeks, but its lead soprano has become unavailable. Lyric’s representative has requested a meeting … Read More
Negotiating Skills: Learn How to Build Trust at the Negotiation Table
In this article some negotiating skills and negotiation tactics for building trust with your counterpart are presented.
… Read More
Negotiation and Leadership NL O
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
Collective Bargaining at Central Division
Lawrence Susskind, Charles Hecksher, and Elaine Landry
Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a telephone company; includes an internal team meeting before external negotiations
… Read More
Training Women to Be Leaders: Negotiating Skills for Success
In this Special Report, we offer advice selected from the Negotiation newsletter to help women develop the negotiation skills essential to career advancement, and to help organizations encourage women employees to be more effective at the bargaining table. You will learn what hold women back from asking for more, the link between gender and flexible … Read More
Negotiation Case Studies: Google’s Approach to Dispute Resolution
Here’s a great example on how to avoid litigation by pursuing negotiation with your counterparts. In the face of antitrust charges, Google’s guiding principle for dispute resolution is “Don’t litigate, negotiate,” according to the Wall Street Journal.
… Read More
Negotiation and Leadership: Dealing with Difficult People and Problems
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
Martti Ahtisaari And The Helsinki Accords
James K. Sebenius and Laurence A. Green
… Read More
Win-Win or Hardball: Learn Top Strategies from Sports Contract Negotiations
In this Special Report, we offer advice from the world of sports, taken from the Negotiation newsletter, to help you navigate your most important negotiations. You will learn to get your head in the game, manage team dynamics, and get a competitive edge.
… Read More
Top 10 Dispute Resolution Skills
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
Spring Mediation and Conflict Management
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
Job Negotiation, The
Jennie Hatch & Kessely Hong
A three-party employment negotiation involving a mid-career student negotiating two job offers via email at the same time.
… Read More
Teaching Negotiation: Understanding The Impact Of Role-Play Simulations
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
Mediation Checklist: What to Know When Hiring Mediators
Are you hiring a mediator? When considering a potential mediator, create a mediation checklist and ask the following questions of those who have worked with him in the past.
… Read More
The Art of Saying No: Save the Deal, Save the Relationship, and Still Say No
No is perhaps the most important and certainly the most powerful word in the language. For many people, it is
also the hardest to say. Yet every day we and ourselves in situations where we need to say no—to people at work, at home, and in our communities—because it is the word we must use to … Read More
Getting To Yes With Yourself
William Ury
Selected by TIME as one of the best negotiation books of 2015
… Read More
What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
When it comes to dispute resolution, we now have many choices. Understandably, disputants are often confused about which process to use.
… Read More
Negotiation and Leadership: Dealing with Difficult People and Problems
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
Hydropower In Santales
Jennie Hatch under the supervision of Lawrence Susskind
Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based
energy development
… Read More
Power in Negotiation and Self-Fulfilling Prophecies
When you expect people to be competitive, it’s not only your own behavior that changes. You also set up a self-fulfilling prophecy, such that your expectations about the other side’s behavior lead him to behave in ways that confirm your expectations.
… Read More
Good For You, Great For Me
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
Negotiation in Business Without a BATNA – Is It Possible?
In a negotiation scenario, you always have a best alternative to a negotiated agreement. Negotiation research and negotiation strategy helps negotiators find their BATNA, leverage it at the bargaining table, and illustrates the impact that knowing your BATNA has on a negotiation.
… Read More
Negotiating with the Ministry of Health
Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio
Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada.
… Read More
Pope Francis and the Benefits of Servant 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
Negotiating with Another Federal Agency
Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio
Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada.
… Read More
Negotiating Identity and Values-Based Disputes
How Do Parties in Conflict Negotiate Core Beliefs?
Identity and values-based disputes are particularly challenging to resolve, as identities are naturally inflexible and values are typically much less elastic than interest-based issues. In conventional interest-based negotiation, parties often do give up one thing in exchange for getting something they want more. This is often not possible … Read More
Flooding and Climate Change Risks in Northam
Seven-person, multi-issue facilitated negotiation among local government, community, business, environmental, and engineering representatives trying to reach agreement on a strategy for managing climate change risks in a small coastal city
… Read More
Using Negotiation Games to Develop Skills for Commercial Dispute Resolution
Teach your students the art of negotiating for success with these great negotiation games.
… Read More
Coastal Flooding in Shoreham
Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a medium-sized coastal community
… Read More
How to Deal with Difficult Customers
To hear some salespeople and service representatives tell it, difficult behavior from customers is at an all-time high. Stories of demanding customers proliferate in the press and on social media, while customers likewise complain that their needs increasingly are not being met by companies focused on the bottom line.
… Read More
Coastal Flooding and Climate-Related Risks in Launton
Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a small, beachfront community.
… Read More
How to Deal with Cultural Differences in Negotiation
When figuring out how to deal with cultural differences in negotiation, it helps to consider the cultural prototypes represented at the bargaining table—but individual differences count, as well.
… Read More
Flooding in Milton
Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a mid-size coastal city.
… Read More
NEW Simulation! The Abraham Path: A Thousand Miles on Foot
The Abraham Path is a cultural route tracing Abraham’s footsteps across the present-day Middle East. The path offers hikers the opportunity to engage with the peoples and landscapes of the region firsthand, and to see the region from a new perspective. The path offers an intriguing case of very challenging, long-term negotiations to establish a contiguous … Read More
Canada-China Panda Acquisition Negotiation
Stephen Weiss
Two-team (6 person), multi-issue contract negotiation between Canadian zoo CEOs and representatives of Chinese organization responsible for giant panda loans
… Read More
For Professional Negotiators, Three Is a Magic Number
Everything good comes in threes, they say. For storytellers, this means understanding that readers and listeners find a sequence of three things to be memorable, satisfying, and compelling—whether it’s three bears, three little pigs, or three kings. For professional negotiators, sequences of three can be rewarding as well. The following examples of good negotiation skills … Read More
What To Do With Hexiglass?
Beth Doherty and Hal Movius
3-player, non-scoreable game designed to teach the benefits of managing communication and trust in the context of a technology negotiation.
… Read More
Dealing with Difficult People: Coping with an Insulting Offer in Contract Negotiations
The following “Ask the Negotiation Coach” question was posed to Dwight Golann, Suffolk University Law School professor and negotiation expert: Question: I deal with legal disputes and would like to find reasonable solutions without wasting years in court.
… Read More
Negotiating About Pandas for San Diego Zoo
Stephen Weiss and Sarah Tatrallyay
This case study centers on the most challenging task for a negotiator: to reach a satisfactory agreement with a tough counterpart from a position of low power—and to do so in an uncommon context. The case concerns the executive director of a zoo in the U.S. who seeks two giant pandas, … Read More
Value Creation in Negotiation
Many people say they dread negotiating and avoid it whenever they can. Why? Typically, because they view negotiation as a competition in which one party’s gains come at the expense of the other party.
… Read More
Water Diplomacy
Shafiqul Islam and Lawrence E. Susskind
In this book, the authors show how open and constantly changing water networks can be managed successfully using collaborative adaptive techniques to build informed agreements among disciplinary experts, water users with conflicting interests, and governmental bodies with countervailing claims.
… Read More
Intercultural Negotiation: Does the BATNA Concept Translate?
When should you walk away in negotiation? That’s a common question that negotiation experts pose of professional negotiators. We are typically advised to walk away from the bargaining table when we haven’t been able to get a better deal than we can get elsewhere. But in intercultural negotiation, particularly in international negotiation in certain countries … Read More
Viatex
Hal Movius
Two-party negotiation between representatives of Viatex and one of its clients, Brattlebury, involving trade-offs between short and long-term gains as well as dealing with internal stakeholders.
… Read More
An Example of the Anchoring Effect – What to Share in Negotiation
The prospect of sharing information with a negotiating counterpart can be scary – it can fix your counterpart into a position at the negotiation table you didn’t intend (an example of the anchoring effect).
… Read More
Papers on International Environmental Negotiation, Volume 13
Lawrence E. Susskind, William Moomaw, and Nancy J. Waters, eds.
… Read More
The Mediation Process and Dispute Resolution
As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel.
Mediation can include some or all of the following six steps
… Read More
Consultant, The
Two-party, multi-issue negotiation in which the parties are at an apparent impasse: the most one party can pay is substantially less than the least the other party can accept.
… Read More
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
Charlene Barshefsky – Negotiating a Trade Agreement with China
James K. Sebenius and Rebecca Hulse
… Read More
Teaching Real Estate Negotiation: How to Identify and Create Value
How do you teach your students to identify and create value in real estate negotiations?
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. It is important for both buyers, sellers, and agents to identify ways to … Read More
Monroe Energy Assistance Game II
Jeffrey B. Litwak and Lawrence Susskind
… Read More
Tough Topics in Negotiation: Negotiating a Non-Compete Agreement with Employers
In integrative negotiation, each side seeks to create and claim value with an eye towards the future of the negotiating relationship. One way of securing this relationship is a noncompete agreement: Employers sometimes ask potential employees to agree not to work for their competitors in the future but don’t assume such requests are nonnegotiable.
… Read More
Negotiating a Template for Labor Standards The U.S.-Chile Free Trade Agreement
Leonard Bierman and Jason Campbell
… Read More
Creating Value in Integrative Negotiations: Myth of the Fixed-Pie of Resources
Creating value is the name of the game in integrative negotiations but these principles can also apply to the highly competitive realm of business negotiations. In the business world, why is competition so often the norm, while cooperation seems like an impossible goal?
… Read More
Probation Games
Lawrence Susskind and Susan Podziba
A set of three simulations developed for and used in training court probation officers in negotiation techniques.
… Read More
When Family Business Disputes Require Conflict Resolution
Unfortunately, business disputes—and the need for conflict resolution—can be common when family members do business together.
… Read More
Building Bridges A High School Curriculum on Negotiation
A high school curriculum on resolving differences through negotiation
… Read More
When Lose-Lose is the Best Alternative to a Negotiated Agreement (BATNA)
As the famous tale “The Gift of the Magi” illustrates, sometimes the best outcomes in negotiated agreements is a lose-lose situation for both parties.
… Read More
Saving the Last Dance
Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin
A mediation training video illustrating the non-caucus “Mediation through Understanding” model
… Read More
How Principal Agent Theory Works in Business Negotiations: Dealmaking Strategies for Bargaining with Agents
The Program on Negotiation has identified three basic sets of circumstances in business negotiations where you’ll be better off tapping an agent (see also principal-agent theory) to take your place at the bargaining table (at least for part of the negotiating process):
… Read More
Negotiation Pedagogy Video Series, Part I
Professor Michael Wheeler
An unscripted video showing an experienced negotiation professor teaching a complete class session through role simulation debrief, video, and discussion, interspersed with instructor commentary
… Read More
Mediation Training: What Can You Expect?
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
Mediators At Work: Breach of Warranty
Marjorie Corman Aaron and Dwight Golann
An unscripted, realistic demonstration of the mediation of a commercial legal dispute
… Read More
How to Deal with Threats: 4 Negotiation Tips for Managing Conflict at the Bargaining Table
Sooner or later, every negotiator faces threats at the bargaining table. How should you respond when the other side threatens to walk away, file a lawsuit, or damage your reputation? These negotiation tips will help.
… Read More
Working It OutA Handbook on Negotiation for High School Students
A 27-page handbook designed to introduce high school students to problem-solving, interest-based negotiation
… Read More
Managing a Multiparty Negotiation
Multiparty negotiations can be incredibly challenging. Just ask the negotiators from over 170 countries who managed to reach agreement on October 15 on a legally binding accord to combat climate change.
… Read More
Mediator Responsibility and Accountability in Public Disputes
Lawrence Susskind
An educational video for mediators or mediation students regarding mediator responsibility when parties have unequal knowledge, skills or power
… Read More
The Power of a Simple Thank You in Negotiation
Expressions of gratitude have a number of positive effects, such as helping us savor pleasurable experiences, manage stress, and strengthen relationships, researchers have found. In negotiation and other contexts, showing gratitude also motivates those we thank to keep on giving.
… Read More
Lawyers & Clients
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
Mediation Techniques – Resolve Disputes and Manage Conflict with These Mediation Skills
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.
… Read More
In the Shadow of the City
Michael Wheeler
A simulated mediation between an aid worker and a project funder, featuring Getting to YES co-author Bruce Patton as the mediator
… Read More
Negotiation Role-Plays for Building Critical Skills
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
Strategic NegotiationsA Theory of Change in Labor-Management Relations
Labor-management relations have changed dramatically in recent years. Global competition and related economic, technological, political, and institutional changes have forced the collapse of the traditional social compact—based on steadily increasing wages and benefits for workers in exchange for unchallenged managerial autonomy—underpinning the U.S. labor market. In today’s competitive environment, managers can no longer afford the … Read More
How to Create Value at the Negotiation Table: Strategies for Creating Win-Win Negotiations
While you might choose many processes for conducting your negotiations, we recommend the following three steps of a mutual-gains approach to negotiations:
… Read More
Rational Games A Philosophy of Business Negotiation from Practical Reason
When two rational players face off in a business negotiation, why do they settle for less than each of them could and should get? Each pursues his or her interests as theory dictates, but often the result is less than optimal. Young proposes that the root of the problem lies in the philosophical assumptions underlying … Read More
When a Job Offer is “Nonnegotiable”
Question: I am in my final year of business school and starting to prepare for job interviews. I have heard many of the organizations that recruit on campus are not open to negotiating specific terms of employment. Rather, they offer everyone roughly the same deal terms. To what extent should I respect such conventions versus … Read More
Negotiation Strategies for Mutual Gain
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
Negotiation Skills: Building Trust in Negotiations
Trust in negotiations may develop naturally over time, but negotiators rarely have the luxury of letting nature take its course. Thus it sometimes seems easiest to play it safe with cautious deals involving few tradeoffs, few concessions, and little information sharing between parties. But avoiding risk can mean missing out on significant opportunities. For this reason, … Read More
Negotiating Rationally
On the basis of their studies of the negotiation behavior of more than 10,000 executives and students over the past five years, Bazerman and Neale conclude that most managers tend to behave irrationally in negotiations. In this book they explore many of the common mistakes that negotiators often make, explaining how such irrational errors can … Read More
Teach Your Students Cross-Cultural Negotiation
As our world grows increasingly interconnected, we are more likely to find ourselves negotiating in a cross-cultural context. The diverse makeup of many societies and global nature of business today make cross-cultural negotiation a regular part of life. Also, unfortunately, many major disputes in need of resolution cross ethnic and cultural lines. Furthermore, it is important … Read More
Manager as Negotiator (The)Bargaining for Cooperation and Competitive Gain
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
A Negotiation Preparation Checklist
Without a doubt, the biggest mistake that negotiators make—and one that many make routinely—is failing to thoroughly prepare. When you haven’t done the necessary analysis and research, you are highly likely to leave value on the table and even to be taken advantage of by your counterpart. A negotiation preparation checklist can help you avoid … Read More
Leading Leaders How to Manage Smart, Talented, Rich and Powerful People
Selected by the Toronto Globe & Mail as one of the Top Ten Business Books of 2006
… Read More
Using E-Mediation and Online Mediation Techniques for Conflict Resolution
Suppose you want to hire a mediator to help you resolve a conflict that you’re having with an individual or a company, but for various reasons, meeting face-to-face would be difficult. That’s where online mediation comes in.
… Read More
Leadership and Negotiation in the Middle East
This book, sponsored by the Society for the Psychological Study of Social Issues, contains 13 essays contributed by a group of social scientists. Its primary goal is to evaluate the critical role of leadership in international conflict management.
Based on the analysis of historical events through social science, this volume examines the situational characteristics within international … Read More
Negotiation Skills: How to Become a Negotiation Master
Negotiation jujitsu means breaking the vicious cycle of escalation by refusing to react. Resistance should be channeled into activities such as “exploring interests, inventing options for mutual gain, and searching for independent standards.”
… Read More
Getting to YES
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
What is 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
Getting Ready to Negotiate The Getting to YES Workbook
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
Communicate Your Interests Behind the Deal
As integrative negotiations students know well, focusing on interests in negotiation has proven to be the most reliable way to create value and resolve conflicts. Experience indicates that communicating with your lawyers the motivations behind a deal or negotiated agreement is well worth the time.
… Read More
Everyday Negotiation Navigating the Hidden Agendas in Bargaining
Originally titled The Shadow Negotiation — and named by Harvard Business Review as one of the Ten Best Books of the Year — this best-selling book illustrates effective ways to master the hidden agendas that determine bargaining success.
Everyday Negotiation provides insight into ways of recognizing the shadow negotiation — where unspoken attitudes, hidden assumptions, and … Read More
4 Sales Negotiation Traps—and How to Overcome Them
Whether you’re planning to put your home up for sale, trying to unload excess merchandise, or searching for new clients, there’s a good chance you’ll make your next sales negotiation more challenging than it needs to be by falling into common cognitive traps. You can improve your sales negotiation skills by learning about four traps … Read More
Environmental Diplomacy
Lawrence Susskind & Saleem Ali
… Read More
Managing Difficult Employees, and Those Who Just Seem Difficult
Ask the many managers of a certain high-volume restaurant in the Midwest what their greatest work challenge is, and they’d most likely say something along the lines of, “managing difficult employees.”
… Read More
Challenging Conflict
Gary Friedman
… Read More
Negotiation Techniques: How to Predict a Negotiator’s Decisions
Improving your negotiation skills can only take you so far – eventually you need to assess you behavior preferences as a negotiator. Being able to predict how you will behave in a given bargaining scenario will help you augment the negotiation training you have received as well as help you achieve better outcomes at the … Read More
Breakthrough Business Negotiation A Toolbox for Managers
Winner of the 2002 CPR Award for Excellence in ADR (Outstanding Book Category)
… Read More
Labor Relations: Negotiating Collective Bargaining Agreements
Contract bargaining in labor relations is one of the most complex areas of negotiation and dispute resolution. There are rarely clear cut or mutually agreed upon notions of what a fair salary and benefits package would be, so employers and workers, either individually or collectively, often find themselves at odds. Furthermore, contract bargaining in a … Read More
Beyond Winning Negotiating to Create Value in Deals and Disputes
Winner of the 2000 CPR Award for Excellence in ADR (Outstanding Book Category)
… Read More
Four Conflict Negotiation Strategies for Resolving Value-Based Disputes
In many negotiations, both parties are aware of what their interests are, and are willing to engage in a give-and-take process with the other party to come to agreement.
… Read More
Built to Win Creating a World-Class Negotiating Organization
Hal Movius and Lawrence Susskind
A prescriptive, tools-driven model for aligning organizational structures, processes and culture with negotiation goals, in order to transform organizational negotiation capabilities into a competitive advantage
… Read More
In Contract Negotiations, Agree on How You’ll Disagree
During the course of a complex negotiation, the last thing we want to think about is the possibility that a serious disagreement or contract breach will arise during the implementation stage. Yet we also know that such conflicts are common.
… Read More
Woodstove New Source Performance Standard A negotiated rule-making exercise
Steven Maser
Five- or six-person, multi-issue, facilitated negotiation among federal agency, state government, environmental, and industry representatives over the regulation of woodstove emissions; optional sixth role for industry association counsel
… Read More
How to Create Win-Win Situations
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
Williams v. Northville
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
Conflict Negotiation Strategies: When Do Employees Choose to Negotiate?
How does the desire to negotiate stack up against other workplace decision-making procedures? Negotiation seems to be the preferred decision-making mechanism when employees are seeking individually tailored solutions.
… Read More
Williams Medical Center
Eileen Babbitt and Lawrence Susskind
Five-party negotiation among representatives of pharmacists, physicians, nurses, and administrators to develop recommended changes to the drug prescription policy of a large metropolitan teaching hospital
… Read More
Business Negotiations: How to Improve Your Reputation at the Bargaining Table
In multi-issue business negotiations, research suggests that the advantage goes to negotiators with a reputation for collaboration rather than competition. In a series of studies by Catherine H. Tinsley and Kathleen O’Connor, participants were told they would be negotiating with someone who had either a tough reputation, a cooperative reputation, or an unknown reputation. Although … Read More
Westville
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
Power in Negotiation: The Impact on Negotiators and the Negotiation Process
According to Dacher Keltner of the University of California at Berkeley and his colleagues, power in negotiation affects two primary neurological regulators of behavior: the behavioral approach system and the behavioral inhibition system. Powerful negotiators demonstrate “approach related” behaviors such as expressing positive moods and searching for rewards in their environment.
… Read More
Welding Connection
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
Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy
Executives rarely view themselves as diplomats engaged in international diplomacy but business negotiators often find the two fields share negotiation skills and negotiation techniques. Rightly or wrongly, diplomacy evokes images of frivolity – days spent wandering exotic capitals, nights spent cruising embassy cocktail parties.
… Read More
Water on the West Bank
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
Four Strategies for Making Concessions in Negotiation
Four strategies for building goodwill and reciprocity in negotiation.
… Read More
United States v. Dunlop
Dan Vogel, under the supervision of Robert Bordone
Four-person, three-issue, two-round between U.S. prosecutors, an executive charged with securities fraud, and defense counsel over the terms of a possible plea bargain; attorney-client interviews are followed by a plea bargain negotiation
… Read More
Role Play Simulations to Help You Become a Better Mediator
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
Tulia and Ibad Mediation
William Ury, Ibrahim Ibrahim and Roger Fisher
Three-team, multi-issue mediation involving two or more representatives each of the country of Tulia, the country of Ibad, and the Organization of African Unity (O.A.U.) regarding a cease-fire between the two warring countries
… Read More
Developing Negotiation Skills for Integrative Negotiations – Does Personality Matter?
Imagine that after some negative experiences at the bargaining table or if you are frustrated in your efforts to improve your negotiation skills, you’ve started to worry that you simply don’t have the right personality to be a great negotiator let alone a value-creating, integrative negotiations expert. The other party always seems to get the … Read More
Trademore Personnel
Lawrence Susskind and Bruce Patton
Three-person, integrative, facilitated negotiation with two department heads and a Human Resources observer/facilitator regarding the possible transfer of an employee from one department to the other
… Read More
Use a Negotiation Preparation Worksheet for Continuous Improvement
When determining the best alternative to a negotiated agreement or BATNA (the point at which the negotiators ought to walk away from the table), executives should check in with key organizational leaders.
… Read More
Theotis Wiley
Jake Erhard, under the supervision of Robert Bordone
Two-party integrative negotiation between agents for a basketball player and a shoe manufacturer over a possible sneaker endorsement deal
… Read More
Negotiation Case Studies: Teach By Example
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
Termination Tempest
Marjorie Corman Aaron
Four-person, two-team settlement negotiation between a terminated employee and counsel, and the former employer and counsel, regarding possible settlement of an age discrimination lawsuit
… Read More
Top International Negotiation Examples: The East China Sea Dispute
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
Tendley Contract
Two-party integrative contract negotiation between a computer consultant and a school district representative at an apparent impasse over different expectations over cost of services
… Read More
10 Negotiation Training Skills Every Organization Needs
How can managers and their organizations increase the odds that negotiation training will lead to beneficial long-term results? Here are several pieces of advice, drawn from experts at the Program on Negotiation at Harvard Law School.
… Read More
Teflex Products
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
Dispute Resolution: The Advantages of a Neutral Third-Party Mediator
In an article, “Beyond Blame: Choosing a Mediator,” Stephen B. Goldberg advised business negotiators involved in a dispute to seek out an interests-based mediator to assist both sides in reaching a mutually satisfactory dispute resolution.
… Read More
Team Meeting
Joel Cutcher-Gershenfeld
Five-party, multi-issue, time-constrained negotiation among members of a factory work team, a union steward, and a supervisor over a range of individual agenda issues
… Read More
Negotiation Tips: Listening Skills for Dealing with Difficult People
We love giving out negotiation tips. A negotiation daily reader once 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 … Read More
State v. Huntley
Timothy Reiser
Two-party criminal plea bargain negotiation between a prosecutor and a public defender for a man charged with aggravated rape
… Read More
Download Your Next Mediation Video
Use Video Examples to Teach Your Students to Become Better Mediators
Parties engaged in disputes are often unable to reconcile their differences alone, or fail to reach outcomes that are adequate for everyone. Mediators can add a great deal of value by helping parties to efficiently and effectively examine the issues at hand, take the interests … Read More
Stakes of Engagement, The
Nicholas Sabin
Two-party, multi-issue, scoreable negotiation regarding a prenuptial agreement, calling for a balance of substantive and relationship concerns
… Read More
Types of Mediation: Choose the Type Best Suited to Your Conflict
When parties involved in a serious conflict want to avoid a court battle, there are types of 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 … Read More
St. Francis Hospital and the Managed Medical Model
Patricia Moore and Lawrence Susskind
Five-party, four-issue negotiation among representatives for a financially struggling hospital’s administrators, doctors, and nurses over budget priorities and expanded application of the managed medical model
… Read More
BATNA and Risky Negotiation Tactics
Your BATNA is your “best alternative to a negotiated agreement.” Expect that your negotiating counterpart has one going into a negotiation, and so should you. Below is a good BATNA negotiation example involving how to leverage your away-from-the-bargaining-table options and the risks inherent with such a negotiation strategy.
… Read More
Springfield OutFest
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
3 Team-Building Techniques for Successful Negotiations
Newly formed teams are often encouraged or even required to engage in team-building techniques and exercises, which might range from volunteering at a nonprofit together to sharing little-known secrets about each other to building a tower out of marshmallows and spaghetti. Although such activities can be effective at building bonds and trust, they don’t do … Read More
Software Return
Bruce Patton
Two-party negotiation between a customer and a returns clerk about the return of a defective software package
… Read More
What is 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. Disputants who are concerned about these drawbacks might want to consider a hybrid mediation-arbitration approach called med-arb.
… Read More
Smithfield v. Rudfurd’s Home Repairs
Pat Aaron
Three-person small claims mediation between a homeowner and repair company regarding unfinished roof repair
… Read More
Choose the Right Dispute Resolution Process
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
Sally Soprano II
Wayne Davis, Mark N. Gordon and Bruce Patton
Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production, under conditions of full disclosure.
… Read More
Negotiation Team Strategy
Some negotiations are simple enough to handle on our own, but those deals are increasingly rare in the business world. These days, to thrive in negotiation, you often need to be able to work effectively as part of a negotiation team.
… Read More
Radwaste II
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
Expanding the Pie: Integrative versus Distributive Bargaining Negotiation Strategies
Imagine that you’re buying a used car from its original owner. Of course, you want to get the best deal you can for your money, while your counterpart wants to maximize the value of his asset. After haggling with one another, each side finally arrives at a price point acceptable to both parties. But how … Read More
Radwaste I
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
A Win Win Negotiation Case Study Using Mind Mapping Negotiation Skills
A win win negotiation case study using mind mapping to discover your counterpart’s interests for collaborative, integrative negotiations can occur.
… Read More
Puerto Mauricio Development Conflict Simulation – Parts I & II
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
Are You Ready to Negotiate?
“Winging it” is a fine approach to life’s minor decisions, but when you negotiate, it can be disastrous. Follow these three preparation steps and improve your agreements.
… Read More
PowerScreen Problem
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
Mandated Mediation: What to Expect
More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors—and even, in some cases, in agreements with their own employees. ADR clauses can be beneficial for all concerned if it means avoiding the cost, delay, and uncertainty of going to court. Mandated mediation, in particular, may offer … Read More
Phoenix, The
Sheila Heen and Michael Moffitt, based on a case by Doug Stone
Two-party negotiation between the director of a county tutoring program and a tutor regarding pay, work conditions, and job performance; ethnic differences are an issue
… Read More
Use Integrative Negotiation Strategies to Create Value at the Bargaining Table
How can you uncover additional value, make useful trades, and put together a package that exceeds your party’s expectations? Here are four integrative negotiation strategies for value creation that all negotiators should add to their toolkit.
… Read More
Parking Spaces for Super Computer
Consensus Building Institute, Inc.
Two-party, two-issue scoreable negotiation between an office building owner and commercial tenant over the terms of a lease for parking spaces
… Read More
How to Overcome Cross Cultural Barriers in Negotiation
How different cultural perspectives impact bargaining strategies at the negotiation table
… Read More
Open Lands A Private Planning Negotiation
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
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
Ocean Splash
The Consensus Building Institute, Inc.
Two-party, two-issue scoreable negotiation between a charity and a corporate sponsor regarding the number and placement of advertising banners at a fundraising walk
… Read More
What is Conflict Resolution, and How Does It Work?
If you work with others, sooner or later you will almost inevitably face the need for conflict resolution. You may need to mediate a dispute between two members of your department. Or you may find yourself angered by something a colleague reportedly said about you in a meeting. Or you may need to engage in … Read More
New Crimea Prison Overcrowding Simulation
Susan Podziba and Lawrence Susskind
Eight-party, multi-issue negotiation among prison administrators, government leaders, criminal justice advocates, and prisoners’ rights advocates to develop recommendations for a comprehensive state policy to alleviate prison overcrowding
… Read More
Alternative Dispute Resolution (ADR) Training: Mediation Curriculum
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
Neighborhood Care, Inc.
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
Understanding the Negotiation Skills You Need to Negotiate with Friends and Family
Who achieves the best negotiated agreements: strangers, friends, or romantic partners? In a 1993 negotiation role-play simulation, Margaret Neale of Stanford University and Kathleen McGinn found that pairs of friends achieved higher joint gains than married couples and pairs of strangers.
… Read More
Negotiating Budget Cuts at Newtowne Hospital
Lawrence Susskind
Six-person negotiation among hospital administration and employee representatives to reach consensus on budget cuts in three departments
… Read More
How to Negotiate Mutually Beneficial Noncompete Agreements
If you’re looking to get more leverage out of your next job negotiation, the noncompete agreement that may very well be tucked inside your employment contract could provide an opportunity to achieve the mutually beneficial win-win situation you desire.
… Read More
Negotiated Rulemaking for Electric Utilities
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
Distributive Bargaining Strategies
Wise negotiators recognize the value of both collaborating and competing at the bargaining table. They look for ways to increase the pie of value for all parties, often by identifying differences across issues and making tradeoffs. And they also rely on distributive bargaining strategies to try to claim as much of that larger pie for … Read More
Negotiated Development in Redstone
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
10 Hard-Bargaining Tactics to Watch Out for in a Negotiation
Don’t be caught unprepared by hard bargainers, warn Robert Mnookin, Scott Peppet, and Andrew Tulumello in their book Beyond Winning.
… Read More
Nazi Party of America v. Town of Hokey
Bruce Patton
Two-party highly political negotiation between a lawyer for Nazi convention organizers and a town attorney a permit application for a Nazi Party parade in a Jewish neighborhood
… Read More
Dealing with Cultural Barriers in Business Negotiations
If you negotiate regularly on the job, you probably have engaged in multiple business negotiations with counterparts from other cultures. Negotiating across cultural barriers can significantly expand your organization’s reach and bring great rewards. Yet negotiating cross-culturally also can pose challenges, such as these.
… Read More
National Energy Policy Simulation
Eric Jay Dolin, Daniel Greenberg and Lawrence Susskind
Highly complex multi-party, multi-issue negotiation among political, industry, environmental, and consumer leaders and lobbyists to develop a detailed proposal to reduce U.S. vulnerability to changes in energy prices and supply
… Read More
What is Alternative Dispute Resolution?
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
Multisearch Software
Eric Gould and Michelle Easter
Two-party integrative negotiation between a software developer and a software manufacturer over a possible contract for a new search engine product
… Read More
New Conflict Management Skills: Understand How to Resolve “Hot Conflicts”
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
Mountain View Farm
Roger Fisher and Andrew Clarkson
Two-party, multi-issue integrative negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor’s land
… Read More
Grading a Negotiation: Examples of How to Evaluate Student Performance
Whether to grade student role-play performance, process and outcomes is a tricky question. Jim Lawrence, a long-time PON contributor, simulation author, attorney and practicing mediator with Frost Brown Todd LLC, recently shared his thoughts on the value and purpose of grading students participating in negotiation simulations.
… Read More
Monroe Energy Assistance Game I
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
Mediation Process and Business Negotiations: How Does Mediation Work in a Lawsuit?
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
MC Metals
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
What is a 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
Managing Groundwater Beneath the Pablo-Burford Border
Lawrence Susskind
Two-team, ten-person, multi-issue, co-chaired negotiation between representatives of two adjacent countries regarding the transboundary management of a severe water shortage crisis
… Read More
Mediation and the Conflict Resolution Process
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, … Read More
Long River
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
Negotiation Tactics, BATNA and Examples for Creating Value in Business Negotiations
Learning great BATNA examples, or estimations of your best alternative to a negotiated agreement as well as that of your negotiating counterpart, are essential to effective negotiation strategies. When preparing to negotiate, always take time to consider these important questions.
… Read More
Least-Cost Planning Exercise
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
How to Maintain Your Power While Engaging in Conflict Resolution
By following these steps, you can keep your edge while encouraging cooperative, rather than competitive, behavior in conflict management.
… Read More
Humboldt
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
Dealmaking Tips: 7 Negotiation Tactics for Saving a Deal from Collapse
Even after the best negotiations, sometimes the other side will demand a renegotiation of the deal. Here are some guidelines on how to proceed in a negotiation.
… Read More
Hopkins Hospital
Janet Martinez … Read More
Digitally Enhanced Simulation Packages – NEW Simulations Added
In-depth Teaching Materials with Real Time Data Analytics Designed to Enhance Teaching Negotiation
New from the Teaching Negotiation Resource Center (TNRC) at PON, and iDecisionGames: digitally enhanced simulation packages designed to take your teaching to the next level.
The Enhanced Simulation Package from the TNRC and iDecisionGames brings a new, interactive learning experience to teaching negotiation. This … Read More
Hopkins HMO
Janet Martinez
Three-party, multi-issue contract negotiation among representatives for an HMO and two pharmaceutical companies over the purchase of a new antidepressant drug
… Read More
The Importance of a Relationship in Negotiation
At the negotiation table, what’s the best way to uncover your negotiation counterpart’s hidden interests? Build a relationship in negotiation by asking questions, then listening carefully. Even if you have decided to make the first offer and are ready with a number of alternatives, you should always open by asking and listening to assess your … Read More
Hitana Bay Development Simulation
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
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
Happy Valley Consolidated School District/AFTEA Labor-Management Committee Meeting
Joel Cutcher-Gershenfeld, Dale Bricker and Lawrence Poe
Two-team, six-issue negotiation between three teachers’ union representatives and three school district representatives over a meeting agenda and a proposed wellness program, among other issues
… Read More
Negotiation Exercises to Help Your Students Avoid Cross-Cultural Pitfalls
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
Guatemala Role Play, The
Michael Maturo, Kate Mahoney, Francisco Ingouville and Anthony Wanis St. John, under the direction of David Fairman
Six-person mediated negotiation among representatives of the Guatemalan government, military, rebel groups, indigenous people, and U.S. government to address post-armed-conflict human rights, land claims, and cultural and political rights issues
… Read More
Global Impact Negotiation Simulation
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
George and Martha
Two-party integrative negotiation between representatives for a divorcing couple over the amount of child support payments
… Read More
Aggressive Negotiation Tactics: Threats at the Bargaining Table
On August 3, 1981, 12,000 air-traffic controllers went on strike after negotiations with the federal government about wages, hours, and benefits broke down.
… Read More
Gator v. City of Quincy
Karen Falkenstein Green
Three-person small-claims mediation between a motorist and a city attorney regarding liability for damage to the motorist’s automobile due to a pothole
… Read More
The Impact of Anxiety and Emotions on Negotiations: How to Avoid Misjudgment in Negotiation Scenarios
Intense negotiation scenarios, we often choose to consult an expert for advice, preferably someone who has carried out hundreds of similar deals with great success. When we consult with others on our negotiations, we must weigh their advice against our own opinions and research. Past negotiation research finds that we tend to undervalue advice from … Read More
Future of Hebron, TheWorkable Peace: Managing Conflict in the Middle East
Imam Soliman, under the direction of David Fairman
Seven-person, multi-issue facilitated negotiation among Israeli and Palestinian leaders in the West Bank city of Hebron to discuss land claims, security, and border control
… Read More
Techniques for Improving Your Negotiating Ability
Many organizations subject their executives to rigorous performance reviews, yet few companies include negotiation effectiveness as one of the core competencies they track. Instead, negotiation is usually subsumed under categories such as “emotional intelligence,” or “persuasiveness” and negotiation techniques and their improvement through negotiation training are not a regular part of employee training programs.
… Read More
Fresh Air
Candace Modlin and Robert C. Bordone
Two-party or two-team, multi-issue, integrative/distributive negotiation between representatives of a new low-cost airline and a potential headquarters city over an incentives package and airport facilities
… Read More
Workable Peace Curriculum Series
Note: Each of the seven individual Workable Peace Series curriculum units can be purchased separately. Please click on the links below for information about purchasing individual units.
About Workable Peace
The Workable Peace curriculum – a conflict resolution program for high school students and young adults – is a product of the Workable Peace Project, directed by … Read More
First City Bank and the Press
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
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What is 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.
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Farrakhan Negotiation, The
Eric Collins
Five-person, multi-issue negotiation among university administrators and student organizers over cost and arrangements for a controversial figure to speak on campus
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Five Fundamentals of Negotiation from Great Negotiator Tommy Koh
Negotiation as an art and negotiation as a science: Two fundamentally different statements but one cohesive element binds them together – process.
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Ellsworth v. Ellsworth
Frank Sander and William Ury
Two-party, multi-issue negotiation between lawyers for a divorcing couple over the terms of the divorce, including alimony, child support, and income tax issues
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Cross Cultural Communication: Translation and Negotiation
In previous international negotiation articles from cross cultural negotiation case studies, we have focused on how international negotiators can avoid cognitive biases and overcome cultural barriers. But how do negotiators dealing with counterparts that speak another language modify their negotiation techniques to accommodate for the lack of a common language?
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Ellis v. MacroB
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
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Challenges Facing Women Negotiators
On the average, women often obtain less favorable or advantageous outcomes at the bargaining table when compared with their male counterparts.
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Eazy’s Garage
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
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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
East Falls Brownfields
Tracy Dyke, under the direction of Lawrence Susskind and Susan Podziba
Seven-person, non-scoreable, facilitated negotiation among planners, regulators and activists regarding the cleanup and redevelopment of environmentally contaminated property
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Integrative Negotiation: When Dividing the Pie, Smart Negotiators Get Creative
Typically, when parties are negotiating over a resource they both desire – whether fees, budgets, salaries, schedules, or staff – the process results in an uninspired compromise somewhere between their positions. Is it possible to avoid a compromise when negotiating tough distributive issues.
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DS-30
Robert Ricigliano and Victor Issraelyan
Two-party, integrative international negotiation between representatives of two neighboring countries over compensation for pollution in one of the countries caused by an industrial accident in the other country
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3 Types of Conflict and How to Address Them
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
Discount Marketplace and Hawkins Development
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
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Framing in Negotiation
So, you’ve offered what you think is a great deal, but your counterpart doesn’t seem to agree. What’s the problem? The offer may be excellent—it’s how you’ve approached framing in negotiation that’s holding you back.
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Dirty Laundry
Pat Aaron
Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts
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The Importance of Negotiation in Business and Your Career
What are the essential ingredients to getting ahead in the workplace? Hard work, communication skills, and a generous dose of luck all play a role, of course. Another key ingredient—one that is often overlooked—is the ability to recognize and capitalize on opportunities to negotiate for your career success. Why is negotiation in business important? Because … Read More
Development on Bay Island
Rafael Montalvo and Bruce Stiftel
Two-party distributive negotiation between a developer and a city representative over the amount of money the developer will pay the city to defray costs associated with development
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3 Negotiation Strategies for Conflict Resolution
When a dispute flares up and conflict resolution is required, 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.
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Development Negotiations in the Project Review Process
John Forester
Two-party, three-issue, scoreable negotiation between a developer and a city planner over the design, process, and affordability of a proposed housing development
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Negotiation with Your Children: How to Resolve Family Conflicts
Few negotiation examples in real life demonstrate the benefit of effective conflict resolution skills than those disputes that arise in the home, such as those between parents and children. Getting a good night’s sleep and eating a healthy dinner might seem like obvious goals for parents to have for their young children, but kids won’t … Read More
Development Dispute at Menehune Bay
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
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What Makes a Good Mediator?
What makes a good mediator? And how is it that mediators—who themselves lack any power to impose a solution—nevertheless often lead bitter disputants to agreement?
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DEC v. Riverside
David Lax, James Sebenius, Lawrence Susskind, and Thomas Weeks
Two-party, multi-issue, scoreable negotiation between a manufacturer and a state environmental agency to reach a settlement over the manufacturer’s pollution of a local river
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Negotiation Strategies: Bernie Sanders’ Pragmatic Approach to Negotiating in the Senate
When dealing with difficult people, we tend to expect them to be rigid negotiators who will walk away if they don’t get everything they want. But a gruff demeanor may not necessarily translate into a hard-nosed negotiating style.
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Death in the Family
Bruce Patton
Two-party, short awareness-building negotiation between a professor and a student over an assignment submitted late due to a death in the student’s family
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Top Ten Posts About 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
Costless Warehouse
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
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Top Negotiation Case Studies in Business: Apple and Dispute Resolution in the Courts
In August 2012, a California jury ruled that Samsung would have to pay Apple more than $1 billion in damages for patent violations of Apple products, particularly its iPhone. The judge eventually reduced the payout to $600 million. In November 2013, another jury ruled that Samsung would have to pay Apple $290 million of the … Read More
Contract Negotiations in the Building Trades
Lawrence Susskind
Nine-party, multi-issue contract negotiation among three coalitions involved in the building trades; includes internal coalition meetings before the external negotiations
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Negotiating with Millennials – How to Overcome Cultural Differences in Communication
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.
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Construction in Bunyonville
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
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5 Conflict Resolution Strategies
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.
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Conference with a Professor
Bruce Patton
Two-party short awareness-building exercise in which student and professor meeting regarding problems arising from a borrowed manuscript and the student’s research aspirations
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When Not to Show Your Hand in Negotiations
Here, we consider four types of information that may be best kept under wraps: sensitive or privileged information, information that isn’t yours to share, information that diminishes your power, and information that may fluctuate during negotiations.
Fearful of being hurt by revealing too much information, most negotiators play their facts and preferences close to the vest. … Read More
Computer Waste Policy Simulation
Lawrence Susskind
Ten-party, multi-issue chaired policy dialogue among government, environmental, and industry representatives in the fictional nation of Sweland over reform of the country’s waste policies, in effort to gain membership in the “European Trade Area”
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Collective Bargaining Negotiations and the Risk of Strikes
Collective bargaining negotiations help level the playing field between individual employees and management by enabling employees to organize and find strength in numbers. But when collective bargaining negotiations fall apart, the result can be a devastating strike.
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Commonwealth v. McGorty
Robert C. Bordone and Jeremy McClane
Four-person integrative plea bargain negotiation between two prosecutors, a public defender, and an alleged assailant
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10 Top Negotiation Examples
Here’s a recap of some of the most interesting and challenging negotiation examples, featuring many of the world’s most famous negotiators.
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Common Measures
Paddy Moore, Hal Movius, and Lawrence Susskind
Five-party, four-issue negotiation among managers at an aircraft engine company with the goal of improving quality and operations processes
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Principled Negotiation: Focus on Interests to Create Value
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 goals. In their pivotal negotiation text, Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 2nd edition, 1991), Roger Fisher, William Ury, and Bruce Patton of the Harvard Negotiation Project promote … Read More
Chestnut Drive
Bruce Patton and Mark Gordon
Six-party, multi-issue, intra-group negotiation among neighbors in preparation for an external negotiation regarding a local construction project
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Break a Competitive Cycle with Win-Win Negotiation Strategies
Negotiators seeking to break through the mythical fixed-pie mindset can try the following three proven strategies, suggested by Max Bazerman for finding mutually beneficial tradeoffs.
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Case of the Puerile Printer
Albie Davis and Ericka Gray
Six-party mediation with employees, employer, and legal counsel over the contested result of a sexual harassment grievance procedure
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5 Common Negotiation Mistakes and How You Can Avoid Them
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
Carter Estate Problem, The
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
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The Good Cop, Bad Cop Negotiation Strategy
The good cop, bad cop negotiation strategy is common in sales negotiations and other competitive contexts. Learn to identify and defuse this persuasion ploy when it’s tried on you.
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Carson Extension – Mediated Version
Holly Goo and Lawrence Susskind
Seven-person, three-issue mediation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river
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Undecided on Your Dispute Resolution Process? Combine Mediation and Arbitration, Known as Med-Arb
The choice: arbitration vs. mediation. You’re not sure which of two common dispute resolution processes, mediation or arbitration, to use to resolve your conflict.
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Carson Extension
Holly Goo and Lawrence Susskind
Six-party, three-issue negotiation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river
… Read More
Integrative Negotiations, Value Creation, and Creativity at the Bargaining Table
When life becomes routine we are more likely to overlook details or, conversely, we cannot see the forest for the trees. In both instances, what we may lack is a creative outlook on the situation at hand. In negotiations, creativity can lead to value-creation for both parties.
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Camilia Pictures
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
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Leadership Styles in Negotiation: The Case of Ebay and Paypal
Having the leadership skills to identify shared interests and build them into an agreement often gets both sides to deliver on the terms of a deal.
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Bunyon Brothers
Mark Gordon, Elizabeth Gray, and Bruce Patton
Three-party, multi-issue internal corporate negotiation in preparation for external negotiation with community representatives
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Negotiations and Logrolling: Discover Opportunities to Generate Mutual Gains
Logrolling is the act of trading across issues in a negotiation. Logrolling requires that a negotiator knows his or her own priorities, but also the priorities of the other side. If one side values something more than the other, they should be given it in exchange for reciprocity on issues that are a higher priority … Read More
Bullard Houses
Ron Karp, David Gold and Mox Tan
Two-party, multi-issue real estate negotiation between representatives for a buyer and seller, where BATNAs are important
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Six Strategies for Creating Value at the Negotiation Table
In today’s market, consumers are often the more powerful parties in negotiations with sellers.
To claim the most value in your next haggling experience, use the following six negotiation strategies.
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Broken Benches
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
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How Negotiation Role-Play Simulations Can Help You Resolve Environmental Disputes
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
Bradford Development
Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues
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VIDEO: William Ury on “Getting to Yes with Yourself”
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
Brachton Collective Bargaining Exercise
Two-team, multi-issue employment contract negotiation between three teachers’ union representatives and three school committee representatives; includes internal team meetings before external negotiations
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Conflict-Solving Strategies: The Value of Taking a Break
Business negotiators coping with deeply entrenched conflict often feel defeated and hopeless when conflict-solving strategies fail. However, research from the world of international conflict suggests that taking repeated breaks from conflict can improve the odds of reaching agreement down the road. The research and resulting negotiation strategies may offer new hope to business negotiators.
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BMP Policy Meeting
Paddy Moore, Hal Movius, and Lawrence Susskind
Five-party, four-issue internal negotiation among employees of a major engine manufacturer to agree on procurement guidelines in preparation for external negotiations with suppliers
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Teach Your Students to Negotiate the Technology Industry
Technology is a pervasive feature of modern life, providing countless benefits ranging from new cancer treatments to smart phones. Technology can also be a source of disruption and is at the root of many disputes. Parties frequently disagree on the likely costs and benefits associated with the adoption of new technologies. They feud over such … Read More
Billboards in Wyethville
Kelly Davenport and Lawrence Susskind
Six-party negotiation among business, municipal, and environmental representatives regarding a potential ban on billboard advertising
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How Mediation Works When Both Parties Agree They Need Help Resolving the Dispute
Negotiations have reached an impasse, but both sides agree on one thing: you need help resolving the dispute. You engage a neutral mediator to do just that. Rather than acting as a judge who decides who “wins” or “loses,” a third-party mediator assists parties in reaching an agreement.
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Big Pipeline in Swagwit
Kelly Davenport, Pat Field and Lawrence Susskind
Two-party, two-issue integrative negotiation between representatives of a construction company and a Native American group regarding allocation of construction jobs
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How to Overcome Barriers and Save Your Negotiated Agreement at the Bargaining Table
Back in November 2012, Hostess Brands announced that it had failed to reach a negotiated agreement with its second-biggest union and, as a result, was permanently shutting down its operations.
The news was met with dismay by baby boomers and others who had grown up with the 80-year-old company’s shelf-stable confections. But consumers had been passing … Read More
Bankruptcy Multiparty Negotiation Simulation
James Emerson with Ben Longoria, under the supervision of Professors Robert Mnookin and Lawrence Susskind
This exercise is a six-party simulation of multiparty negotiations in a bankruptcy (reorganization) and mass torts context.
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What is 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.
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Bakra Beverage
Dan Vogel, under the supervision of Robert Bordone and Gillien Todd
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5 Types of Negotiation Skills
Businesspeople who are looking for effective negotiation strategies often confront a dizzying array of advice. It can be useful to take a step back and categorize these strategies into various types of negotiation tactics. Highlighting the benefits of negotiation in business, the following five types of negotiation tactics can help you think more broadly about … Read More
Appleton vs. Baker
Lawrence Susskind
Two-party, single-issue distributive negotiation between principals regarding a potential real estate sale
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What To Do When Negotiations Hit a Wall
A budget impasse growing more adversarial by the day. A government shutdown that kept hundreds of thousands unpaid, suspended vital services, and damaged the economy. Presidential threats to bypass Congress and declare a national emergency.
How did we get there? The budget impasse in Washington, D.C., apparently started in 2014 when those advising Donald Trump on … Read More
Aerospace Investment
Nicholas Sabin
Two-party term sheet negotiation between a venture capitalist and the founder of an aerospace start-up company in which participants are scored both on their substantive performance and on the other party’s perception of the relationship
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On Broadway, a revolutionary negotiation fans a spark into a flame
In the summer of 2015, the cast of Hamilton was on top of the world. Their highly anticipated hip-hop musical about the life of Founding Father and U.S. treasury secretary Alexander Hamilton had opened to rave reviews and euphoric audiences at Broadway’s Richard Rodgers Theatre after a stint off-Broadway. A long run, Tony awards, touring … Read More
Alplaus Supply Company
Duncan MacLaren
Two-party negotiation between a company field representative and a large corporate customer over a possible product return
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Negotiate Organizational Development
Teach Your Students to Promote Organizational Development and Build Leadership Skills
Efforts to impact change in any kind of organization usually involve multiple kinds of negotiations or consensus-building efforts. Organizational development is most effective when the participants in the organization, whether public, private or civil society, are directly engaged in deciding what might need to change, … Read More
Ad Sales, Inc.
Lawrence Susskind
Six-party, multi-issue contract negotiation between management and union members of a publishing firm
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Ask A Negotiation Expert: Facing Difficult Problems? Bring High-Level Values to the Table
Melvin Shakun is a management consultant, professor emeritus at New York University, and founding editor of the international journal Group Decision and Negotiation. He spoke with Negotiation Briefings about how negotiators can break through impasse and resolve conflict by appealing to common values.
Negotiation Briefings: How do you define values in the context of negotiation?
Melvin Shakun: … Read More
Parking Facility Venture
Three-party scoreable negotiation among three firms regarding the joint construction of an off-street parking facility; variation of “Three-Party Coalition”
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How to Balance Your Own Values in Negotiation
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
Parker-Gibson
Two-party, single-issue distributive negotiation between two neighbors regarding the potential sale of a vacant lot; refinement of Appleton-Baker
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Thoughts from Dan Shapiro, Director of the Harvard International Negotiation Program, on the Government Shutdown
This week, Dan Shapiro, Director of the Harvard International Negotiation Program, was quoted in The Christian Science Monitor speaking President Trump’s negotiation style, and how he may get better results through interest-based negotiation. “The basic idea here is, let’s not focus on positions, or what each side says they want: ‘I want a wall;’ ‘Well, we’re … Read More
Managing Growth in Rockville
Armand Ciccarelli and Lawrence Susskind
Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning
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Add Variety to Your Curriculum with These Top Simulations
Update Your Teaching Materials with Our Top Negotiation Role Play Simulations
The field of negotiation is constantly evolving, and as such, requires new ways of teaching negotiation. It can sometimes happen that students come into a class having already encountered the negotiation simulation being used in the course, or that a different kind of exercise is … Read More
Jefferson Hazardous Waste Negotiation
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
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Leadership Skills in Negotiation: How to Negotiate Equity Incentives with Senior Management
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.
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Homelessness in Niceville
Edward Scher and Lawrence Susskind
Six-person facilitated integrative negotiation among advocates for homeless people, community and business leaders, and a foundation regarding the allocation of a grant to alleviate local homelessness problems
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Building Coalitions: Apple and the Art of Persuasion
Whether you have one of its ubiquitous products or even its rivals offerings, you most certainly have heard of Apple, the United States electronics giant whose phoenix-like rise to the top of the business world has inspired legions of fans and detractors alike.
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Eazy’s Garage
Bruce Patton
Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill
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Conflict Management: Intervening in Workplace Conflict
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
Chestnut Village
Thomas Wiegand
Multi-party, multi-issue negotiation between 3-4 construction company representatives and 5-6 neighborhood representatives over safety and nuisance complaints regarding a local construction project; internal team meetings precede external negotiations
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In Real-Life Conflict Scenarios, Promote Constructive Dissent
Real-life conflict scenarios can keep groups from being effective. But at a press conference on March 6, Trump suggested that any conflict within the White House has been beneficial: “I like conflict. I like having two people with different points of view, and I certainly have that, and I make a decision. But I like … Read More
Casino
Sheila Heen, Scott Peppet and John Richardson
Two-party intra-organizational discussion between a newly-promoted manager and her division vice-president over work performance, responsibility for a new computer game project, and office environment issues
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Negotiation Tactics for Managing Relationships
When multiple parties gather to discuss issues, someone has to oversee the group’s efforts, or the process will descend into chaos or stalemate.
… Read More
Baker & Irwin v. Department of Human Services
Bruce Deming
Two-party negotiation between attorneys for a state agency and a gay advocacy group regarding a state policy that led to the removal of two foster children from the home of a gay couple
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Teach Coalition Management in 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
Axis Affair
Anita Ramasastry and Erin Monaghan
Two-party negotiation between attorneys for a male executive and a recently terminated female employee regarding allegations of sexual harassment and gender discrimination
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When Dealing with Difficult People, Try a Complementary Approach
To hear President Donald Trump tell it, the United States under President Barack Obama had bungled one negotiation after another on the global stage due to an inability to stand firm and take tough stances on key issues when engaging in difficult conversations.
… Read More
Flagship Airways
Paddy Moore, Hal Movius and Lawrence Susskind
Six-person, four-issue negotiation between three representatives of an industrial manufacturer and three representatives of its primary client over restructuring of an existing purchase agreement
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In Conflict Resolution, President Carter Turned Flaws Into Virtues
When it comes to conflict resolution, surprisingly useful nuggets of advice come from the realm of international conflict. Take the Camp David Accords of 1978, as described minute-by-minute by Lawrence Wright in his new book, Thirteen Days in September. U.S. President Jimmy Carter made history by negotiating a peaceful end to the conflict between Israel … Read More
Bamara Border Dispute
Michael D. Landry
Two-team, multi-issue negotiation between representatives of two fictional countries regarding a disputed border and a military stand-off
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How to Use MESOs in Business Negotiations
It’s not uncommon in business negotiations to find yourself on the brink of impasse. You and your counterpart have exchanged a series of offers and counteroffers, and you’ve met somewhere close to the middle—but not close enough. With each side firmly rooted in its position, there may seem to be no way forward.
… Read More
Global Management of Organochlorines
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
Negotiation Skills and Strategies at Work: Negotiating Jewish Identity
What does it mean to be Jewish in America? The question offers many opportunities to apply negotiation skills and strategies, writes Robert Mnookin in his new book, The Jewish American Paradox: Embracing Choice in a Changing World (PublicAffairs, 2018). The author of numerous books on negotiation, Mnookin is the Samuel Williston Professor of Law at … Read More
Blender, The
Bruce Patton
Two-party, single-issue negotiation between a customer and a department store clerk about the return of a defective blender
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Negotiating Around a Bad BATNA
Don’t assume your public statements will win over a reluctant negotiator. Know when it’s best to move on and make the most of your current situation.
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67 Fish Pond Lane
Elizabeth Gray, Mark Gordon and Bruce Patton
Two-party distributive and potentially integrative negotiation between principals over the sale of a house
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Conflict Resolution and Opportunities for Mutual Gains in Negotiation
Poor communication explains many of our negotiation mistakes, write Roger Fisher, William Ury, and Bruce Patton in Getting to Yes, their landmark book. Here are four negotiation skills tips adapted from Susan Hackley’s May 2005 article “Can You Break the Cycle of Bad Communication?,” first published in Negotiation.
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Bentley Convertible
Roger Fisher and Bruce Patton
Two-party distributive negotiation over the sale of a rare automobile
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Leadership Styles in Crisis Negotiations
Since the start of the global economic recession in 2008, few issues have proven as explosive as the Greek debt crisis. The Greek government’s commitment to repay billions of dollars in loans has been a source of contention with creditors ever since a sizable bailout was issued in 2010.
… Read More
Negotiate the Healthcare Industry
Teach Your Students to Negotiate One of the Largest Global Industries
Healthcare is one of the biggest economies in the world, with billions of dollars spent on treatments and associated research. There are typically significant interests at stake in healthcare negotiations, which are made all the more complex by the presence of both public and private … Read More
Ask A Negotiation Expert: Negotiating Jewish Identity
What does it mean to be Jewish in America? What challenges does the American Jewish community face? These questions prompt many conflicting answers—and many opportunities for negotiation, writes Robert Mnookin in his new book, The Jewish American Paradox: Embracing Choice in a Changing World (PublicAffairs, 2018). The author of numerous books on negotiation, Mnookin is the … Read More
Coming Up with Win-Win Solutions at the Bargaining Table
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
Art Buchwald, Paramount Pictures, and the Cost of Litigation Instead of Negotiation
When Art Buchwald sued Paramount Pictures over the 1988 Eddie Murphy movie Coming to America, the widely reported outcome was seen as a win for the late, beloved humorist. But Buchwald actually lost — and so did Paramount.
… Read More
Win-Win Negotiation Strategies for Rebuilding a Relationship
When negotiators come together after a period of mutual mistrust, it can be difficult for each side to reconcile their grievances with the other. Here are some strategies that others have used to bring bargaining counterparts together even after a long, contentious period of silence.
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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?
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Negotiation Challenges for Family Business Relationships
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.
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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
The Moral Quandary: Negotiation Exercises Featuring Ethical Dilemmas
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
Should Women “Lean In” to Create More Value in Negotiations?
Back in early 2008, Facebook founder and CEO Mark Zuckerberg began thinking about hiring Sheryl Sandberg, a vice president at Google and a former chief of staff for the U.S. Department of the Treasury, as the social-media company’s new chief operating officer. The two met several nights a week for almost two months to discuss … Read More
What Can Business Negotiators Learn from Principal Agent Theory?
Learn how to navigate the principal-agent relationship with these insights from negotiation research.
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Negotiation Skills: How to Work with Your Counterpart in Negotiations
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.
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ESL Negotiation: Avoid Confusion and Conflict
“The language of international business,” a British executive once said to Tufts University professor Jeswald Salacuse, “is broken English.” The observation is rooted in the fact that most international business and diplomacy is conducted in English, Salacuse writes in his book Negotiating Life: Secrets for Everyday Diplomacy and Deal Making (Palgrave Macmillan, 2013).
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How Mediation Can Help Resolve Pro Sports Disputes
Worldwide, mediation has become a common means of resolving conflict, ranging from divorce to workplace disputes to broken contracts. Yet mediation remains an underused tool for resolving disputes in U.S.
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Negotiation Research Examines Ethics in Negotiating Scenarios
Lack of transparency regarding negotiations between hospitals and the insurers known as preferred provider organizations, or PPOs, is a key contributor to spiraling health-care costs in the United States, according to an August article in the New York Times. This topic has many questioning ethics in negotiating within the healthcare industry.
The problem starts with the … Read More
MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table
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
Most Startups Fail. But Yours Doesn’t Have To.
We recently interviewed Samuel Dinnar—instructor at the Program on Negotiation at Harvard Law School, global entrepreneur, and strategic negotiation advisor—about his new book, Entrepreneurial Negotiation: Understanding and Managing the Relationships that Determine Your Entrepreneurial Success. In this insightful book, Dinnar and Susskind delve into the reasons why entrepreneurs fumble key negotiations—and what they can do … Read More
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
Teach Your Students Dispute Resolution for Their Everyday Lives
Negotiation refers to the process of working out agreements that meet each party’s needs and address their interests. People negotiate all the time in their everyday lives: in the workplace, within families, and when buying goods and services. Knowing which negotiation strategies to use in different circumstances can make a significant difference. The Teaching Negotiation … Read More
Negotiation Research on Mediation Techniques: Focus on Interests
There is a better way to resolve your dispute: by hiring an expert mediator with a focus on interests – the needs, desires, or concerns that underlie each side’s positions according to negotiation research on mediation techniques.
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International Negotiation Role Playing: Understanding the Theory and Practice of Systemic Peacebuilding
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
Conflict and Negotiation Case Study: Long-Term Business Partnerships and Negotiated Agreements
To protect the future interests of their organization, negotiators sometimes must accept fewer benefits or absorb greater burdens in the short run to maximize the value to all relevant parties – including future employees and shareholders – over time.
Suppose that the operations VPs of two subsidiaries of an energy company are preparing to negotiate the … Read More
Negotiation Update: At Last, Illinois Lawmakers Agree on a Budget
In negotiation, impasse isn’t necessarily a bad thing. If parties conclude they can’t get what they want from each other, it’s in their interest to walk away and seek out other negotiating partners.
But in negotiations in which parties have only each other to deal with, impasse can be not only inefficient but also nonsensical. That … Read More
Ask A Negotiation Expert: Responsible Negotiators Care Beyond the Deal Closing
With this issue of Negotiation Briefings, we are pleased to introduce our new academic editor, Alain Lempereur, the Alan B. Slifka Professor and Director of the Heller School conflict Resolution Program at Brandeis University. Lempereur is an affiliated faculty and executive committee member of the Program on Negotiation (PoN) at Harvard Law School (HLS). He takes … Read More
Building Consensus, One Justice at a Time
When U.S. Supreme Court Justice Anthony Kennedy announced on June 27 that he would retire at the end of July, many conservatives were jubilant, while many on the political left were devastated. These opposite reactions grew out of shared beliefs: that President Donald Trump will nominate a right-leaning judge to replace Kennedy, the frequent swing … Read More
A Criminal Plea Bargain Simulation
The Teaching Negotiation Resource Center (TNRC) at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. State v. Huntley is a two-party criminal plea bargain negotiation between a prosecutor and a public defender for a man charged with aggravated rape.
Criminal Plea Bargain Scenario: Two police officers on routine patrol were … Read More
Managing Difficult Conversations: Achieving Objectives with Backmapping Negotiation Strategies
The problem: Your negotiation seems to be over before it has begun. Your targeted counterpart is refusing to sit down with you or simply ignoring your requests. How can you get her to see that she would benefit from negotiating with you?
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Mutually Beneficial Agreements: Tips for Creating Deals that Last
David Schwimmer, the actor who played Ross on the hit television comedy Friends, famously convinced the show’s five other leads in the early years of its run to negotiate their contracts with NBC as a team. The “mini union” formed by the actors ultimately helped them negotiate an unprecedented $1 million each per episode during … Read More
Teach Your Students to Negotiate Climate Change
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
How to Find the Zone of Possible Agreement (ZOPA) Between Friends
Finding the zone of possible agreement in negotiations can be difficult, especially when dealing with friends and family. We all know people who have “alligator arms.” When the restaurant check comes, they can’t manage to reach their wallets, or they quibble that they had the small tomato juice, and you had the large.
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The Ladder of Inference: A Resource List
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
When Conflict Becomes a Self-Fulfilling Prophecy
When one party brings up the possibility of a lawsuit in a business dispute, the threat can become a self-fulfilling prophecy. Yet business negotiators often benefit from settling their disputes before going to court, write Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello in their book Beyond Winning: Negotiating to Create Value in … Read More
Negotiation in the News: How Congress got to “yes” on new banking rules
It’s hardly news that in the U.S. Congress, bipartisan dealmaking has been virtually nonexistent for years. That’s why it was newsworthy when Democrats and Republicans came together to negotiate changes to the Dodd-Frank law, which tightened regulations on banks and other firms following the 2008 financial crisis.
Accounting for the opposition
After President Donald Trump took office, … Read More
Conflict Management: A Creative Approach to Breaking Impasse
Suppose that you and your negotiating counterpart become deadlocked after exchanging a series of offers and counteroffers. With each of you anchored on very different positions, you can’t seem to find a solution that pleases you both.
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Business Conflict Management
In the business world, workplace disputes are all too common. Consider these real-life conflict scenarios: a group of employees who, working overtime to make up for staff shortages, complain to their manager that they aren’t getting paid enough for the extra time. A colleague confides about his boss’s verbal abuse. Two employees argue openly about … Read More
How to Write a Contract that Lasts
Joint ventures, strategic alliances, purchasing agreements, and other types of partnerships between organizations often begin with a great deal of promise—and a hefty amount of risk. Serious misunderstandings and opportunistic behavior are relatively common in such relationships. Formal contracts offer a method for reducing such risk, but negotiators and their attorneys are often unsure about … Read More
Ask A Negotiation Expert: New Advice For Entrepreneurs
Getting an idea or innovation off the ground as an entrepreneur takes strong negotiation skills.
Yet, in their new book Entrepreneurial Negotiation: Understanding and Managing the Relationships that Determine Your Entrepreneurial Success (Palgrave/Macmillan, 2018), Program on Negotiationinstructor Samuel Dinnar and MIT professor Lawrence Susskind write that many entrepreneurs are falling short. Here, Susskind explains what often … Read More
Successes & Messes: Courtroom drama: An unscripted dispute over to Kill a Mockingbird adaptation
This spring, the estate of Harper Lee, the deceased author of the classic American novel To Kill a Mockingbird, sued the producers of a Broadway stage adaptation of the novel for deviating too much from its character and plot. The story, as reported in the New York Times, highlights the value of exploring every viable … Read More
Setting the right table
On March 8, U.S. president Donald Trump shocked even his own White House staff when he revealed that he had accepted an invitation to meet with North Korean leader Kim Jong-un. After months of name-calling and threats between Trump and Kim, the news that the two leaders would be discussing the possibility of North Korea dismantling … Read More
How to Deal with Difficult People
We’ve all met them: people who prefer competition over collaboration, stonewalling over problem solving, tough talk over active listening. Think of the boss who refuses to allow you time off to help an ailing relative, or the potential customer armed with a “nonnegotiable” proposal.
When considering how to deal with difficult people, we tend to write … Read More
Elements of Conflict: Diagnose What’s Gone Wrong
In the heat of conflict, it can be difficult to think rationally about how you got where you are and how you might make things better. But by taking a break to consider the elements of conflict, you can move toward a more rational assessment of the dispute and come up with ways to address … Read More
Price Negotiation Advice for Consumers
It’s official: Price negotiations aren’t just for big-ticket items anymore. The prices of furniture, electronics, wine, jewelry, and other “medium-ticket” goods are now frequently up for discussion. The ancient art of haggling has made a comeback, so brush up on your skills with our six price negotiation tactics.
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Crisis Negotiations: After the West Coast Ports Conflict, Damage Remained
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
Negotiate Your Organizational Vision
Organizations, large and small, look to their leaders to establish an organizational vision. Popular commentary on corporate leadership presupposes that a company’s vision comes from its CEO and that, without a strong CEO, the company has no vision. But that’s not the case.
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Ask A Negotiation Expert: Rebel Negotiation
In her new book, Rebel Talent: Why It Pays to Break the Rules at Work and in Life (Dey Street Books, 2018), Francesca Gino, the Tandon Family Professor of Business Administration at Harvard Business School, argues that a healthy dose of rebellion can deepen our engagement and help us meet ourmost important goals. We asked … Read More
Fostering Constructive Conflict in Teams
On March 6, the news broke that President Donald Trump’s top economic adviser, Gary Cohn, was resigning over his opposition to the president’s decision to impose tariffs on steel and aluminum imports. A week later, Trump replaced Secretary of State Rex Tillerson with CIA chief Mike Pompeo, saying that he and Tillerson “were not really … Read More
What is Dispute Resolution in Law: The Ins and Outs of Arbitration
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
How Chaos at the Bargaining Table Can Help Negotiators Reach Agreement
Here are some examples of negotiation situations in which chaos at the bargaining table works to the negotiator’s advantage. Whether conducting business negotiations involving commercial transactions or personal disputes with a friend, the following negotiating skills and techniques can be used.
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Carrots and Sticks: Use Both to Get the “Issue Mix” Right
In 1987, U.S. president Ronald Reagan and Soviet General Secretary Mikhail Gorbachev took early steps to end the Cold War by signing the Intermediate-Range Nuclear Forces (INF) arms control treaty in Washington, D.C. Banning all ground-launched nuclear and conventional missile systems within a certain range, the INF treaty put in place a strict monitoring system … Read More
Deal Design Guidelines: Set Yourself Up for a Better Deal
Without realizing it, we leave many of our most important decisions in negotiation up to chance. When talking to a potential negotiating partner, we may assume that we have met the best person possible to do this particular deal. We make tacit assumptions about whether we’ll negotiate in person, what we’ll discuss, how long the … Read More
Teach Your Students Negotiation Psychology
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
In Group Negotiation, Avoid a Turf Battle
In group negotiation, turf battles—heated conflicts over territory, control, rights, or power—are common. Department heads clash over scarce resources. Companies, community groups, and governments get tied up in lawsuits over undeveloped land. Across the globe, fishing groups have depleted fish stocks in their rush to catch the biggest share for themselves.
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Negotiation Training: Turning the Lows of Colorado’s Marijuana Laws into Highs
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
In team negotiations, should you divide and conquer?
In a New Year’s Day address, North Korean leader Kim Jong-un proposed opening talks with South Korea to discuss the North’s possible participation in the upcoming Winter Olympics in Pyeongchang, South Korea. Hoping to avoid disruption by the North, South Korean president Moon Jae-in had been calling on North Korea to send athletes to the … Read More
Negotiating with Family
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
A University Negotiates Accusations of Autocratic Leadership
While not always popular with employees, there are countless situations where running an organization with an autocratic leadership style can be valuable at the right moment. When the Suffolk University Board of Trustees announced in January 2016 that they would sever University President Margaret McKenna’s contract after only eight months, however, Board Chairman Andrew Meyer, … Read More
Ask A Negotiation Expert: How leaders negotiate to hang on to leadership
This month, Jeswald Salacuse, Distinguished Professor at Tufts University, considers the negotiation strategies that embattled leaders use to fend off challenges to their leadership. Salacuse is the author of Real Leaders Negotiate! Gaining, Using, and Keeping the Power to Lead Through Negotiation (Palgrave Macmillan, 2017).
Negotiation Briefings: Leaders often seem to make matters worse when their … Read More
Should salary negotiations be a laughing matter?
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 final outcome. Unfortunately for candidates, the first figure mentioned in a negotiation often is not in their favor.
For example, when opening salary … Read More
Negotiating group agreements that last
When engaged in a complex negotiation or dispute, how should a group come to agreement? Members might separate into factions and fight to have their voices heard. They might take a vote and let the majority rule. Or they can try to negotiate their way to consensus.
There are almost as many ways of making group … Read More
Great Women Leaders Negotiate
Great women leaders are no different than great male leaders—except that they may have faced more discrimination, lower expectations, and stronger resistance along the way. When women in leadership succeed, they often do so by cultivating successful negotiating skills. Here, we examine strategies that three top women in negotiation employed to become great women leaders. … Read More
Negotiation Habits of Great Women Leaders
Pay inequities and a lack of great women leaders in upper management remain enduring problems in the workplace.
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Crossed Wires? Negotiation Games To Help Your Business Deal Sidestep Legal, Technical And Emotional Glitches
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
Negotiating seamless leadership transitions
Travis Kalanick, until recently the CEO of ride-hailing service Uber, helped grow the company from the seed of an idea in 2009 into a global firm valued at nearly $70 billion. He cemented his power by becoming Uber’s single biggest shareholder, negotiating for a seat on Uber’s board, and filling other board seats with his supporters. … Read More
Negotiation Research in the News: Adapting the BATNA strategy across cultures
The BATNA (best alternative to a negotiated agreement) concept, popularized by Roger Fisher, William Ury, and Bruce Patton in their book Getting to Yes (Penguin Books, second edition, 1991), has been disseminated all over the world and doubtless helped thousands avoid settling for less than what they want in negotiations. When you have identified your BATNA, … Read More
For Serial Negotiators, Pride May Come Before A Fall
Imagine that you are a purchasing agent who just scored a significant price concession from a supplier. Now it’s time to hang up the phone and move on to another negotiation with a different supplier. You’re feeling proud of how you handled the last negotiation and confident that this next negotiation will go just as well, maybe … Read More
Negotiating 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
Teaching Negotiation: The Art of Case Study Writing
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
Steelers Find Mutual Gains In “Non-Negotiation” with Antonio Brown
The National Football League’s Pittsburgh Steelers faced a dilemma. Mid-contract, the team’s star wide receiver, Antonio Brown, asked the team to improve upon the six-year, $42.5 million deal they negotiated back in 2012. Brown had risen to become the best receiver in football and believed he was underpaid.
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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
Real Leaders Negotiate to Meet Their Organization’s Goals
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
Teach Your Students Spoiler Management in Negotiations
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
When First Offers Fail
In negotiation, the party who makes the first offer often gets the lion’s share of the value. That can be due to the anchoring effect, or the tendency for the first offer to “anchor” the bargaining that follows in its direction, even if the offer recipient thinks the offer is out of line.
Yet plenty of … Read More
How to Avoid Preparing Unethical Negotiation Plans
To what degree should you level the playing field for your counterpart in negotiations? Let’s turn to the question of whether you have an ethical obligation to educate an uninformed buyer.
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Leadership Style Assessment: Road Map for Podemos in Spain
The skills required for honing an effective participative leadership style have a great deal in common with those used by good negotiators. Following the May 24, 2015 municipal elections in Spain, all of those skills are being put to the test. The elections delivered a stunning rebuke to the incumbent conservative Popular Party of Mariano … Read More
Be a Better Mind Reader and Create Value Using Integrative Negotiation Strategies
How important is body language in the negotiation process? Take the following example: The parents of a toddler were interested in finding a babysitter to work one or two nights a week.
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Satisficing and Negotiation
It stands to reason that devoting less time to relatively unimportant choices should free you up for more meaningful pursuits and increase your overall satisfaction. But how does the concept of satisficing apply to your most important decisions and negotiations?
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MESO Negotiation: Learn from a Seller’s Market
What negotiating skills can negotiators take away from hyper competitive bargaining situations? With home sales heating up (again) in some parts of the United States, homebuyers are facing competition they haven’t seen since before the real-estate bubble burst back in 2008, and it’s showing up in the form of packed open houses, multiple bids above … Read More
Integrative Negotiation Examples: MESOs and Expanding the Pie
In our society, we’re bombarded with a multitude of decisions each day, beginning with the increasingly complex question of how to order our morning coffee. In his book The Paradox of Choice: Why More Is Less (Ecco, 2004), Swarthmore College psychology professor Barry Schwartz describes the contemporary phenomenon of becoming exhausted by “the tyranny of … Read More
When a Win-Win Negotiation Creates Controversy
In negotiation, the concessions we are willing to make in public sometimes are very different from the concessions we are willing to make in private.
Take the statement that U.S. secretary of state Rex Tillerson made during his visit to China in March.
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Announcing the 2017-2018 PON Graduate Research Fellows
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
Persuasive Parenting through Negotiation
In his book How to Negotiate with Kids…Even When You Think You Shouldn’t (Viking, 2003), Scott Brown, a co-founder of the Harvard Negotiation Project at Harvard Law School, outlines a framework for dealing with your children using the principles of negotiation.
He identifies six principles of “persuasive parenting” that will allow you and your child to … Read More
Learning from the Failed Negotiations to Repeal and Replace Obamacare
“It’s going to be so easy,” Donald Trump said this past October, referring to his plan to immediately repeal and replace the Affordable Care Act (ACA) if elected president. But, once in office, President Trump found healthcare reform to be much more difficult than he’d expected.
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