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 
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.
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Courses and Training
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
Product
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
Free Report
Business Negotiation Strategies: How to Negotiate Better Business Deals
New Free Report – Business Negotiation Strategies: How to Negotiate Better Business Deals
… Read More
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Using Principled Negotiation to Resolve Disagreements
Parties can often reach a better agreement through integrative negotiation—that is, by identifying interests where they have different preferences and making tradeoffs among them. If you care more about what movie you see tonight, but your friend cares more about where you have dinner, for example, you can each get your preference on the issue … Read More
Courses and Training
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
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Martti Ahtisaari And The Helsinki Accords
James K. Sebenius and Laurence A. Green
… Read More
Free Report
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
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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
Courses and Training
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
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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
Free Report
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
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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
Courses and Training
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
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Getting To Yes With Yourself
William Ury
Selected by TIME as one of the best negotiation books of 2015
… Read More
Free Report
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
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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
Courses and Training
Mediating Disputes
Course Dates: June 5-9, 2017
The success of any mediation is predicated on the skills of the mediator.
In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate … Read More
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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
Free Report
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
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Examples of Alternative Dispute Resolution (ADR): How Mediation Works
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.
… Read More
Courses and Training
The Harvard Negotiation Intensive: A Two-Day Workshop
Course Dates: June 8-9, 2017
Whether you’re a vice president, litigator, manager, or transactional attorney, negotiation is central to nearly every professional activity. Systematic and thorough preparation, as well as an ability to manage shared, different, and conflicting interests, is critical to success.
Designed to address the core issues that you experience as you negotiate on behalf … Read More
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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
Free Report
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
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Dealmaking in Negotiation: 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.
… Read More
Courses and Training
Negotiation Workshop: Strategies, Tools, and Skills for Success
Course Dates: June 12-16, 2017
Turn disputes into deals. Transform deals into better deals. Resolve intractable problems. Negotiating effectively requires the ability to change the game – moving away from conflict and toward collaboration. In this intensive, interactive program, you acquire a proven framework for maximizing the value of your negotiation.
… Read More
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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
Free Report
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
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New Dispute Resolution Skills: A Case Study of Conflict Management Using Negotiating Skills
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
Courses and Training
New! Advanced Mediation Workshop: Mediating Complex Disputes
Course Dates: June 12-16, 2017
You’ve handled numerous mediation sessions with ease. You are confident in your mediation skills, especially between two parties who want a fair resolution. But how do the dynamics change when their lawyers join the session? What happens when the mediation expands to multiple parties who are bringing many issues to the … Read More
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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
Free Report
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
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Negotiation Examples in Real Life: Bargaining 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
Courses and Training
Mediating Disputes – Fall 2017
Course Dates: TBA
In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate disputes across a variety of contexts.
This program will provide you with core mediation skills … Read More
Product
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
Free Report
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
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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
Courses and Training
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
Product
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
Free Report
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
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Negotiating for Continuous Improvement: Use a Negotiation Preparation Worksheet
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
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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
Free Report
Negotiation Master Class Fall 2013 Program Guide
For the first time ever, the Program on Negotiation is offering a master-level course for negotiators. The program is highly personalized and taught by 4 negotiation experts from Harvard and MIT. If you are selected to participate, you will be assigned to small learning groups, take part in dynamic exercises with two-way feedback, work closely … Read More
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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.
… Read More
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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
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How Much Should You Share at the Negotiation Table?
Suppose that two entrepreneurs, a marketing expert and an IT specialist, are thinking about merging their consulting firms to create a greater synergy of services. As their talks unfold, each wonders how much information to disclose. Should they bring up discussions with other potential partners?
… Read More
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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
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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.
In a series of experiments, researchers Adam M. Grant and Francesca Gino examined why expressions of … Read More
Product
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
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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
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Designing Systems and Processes for Managing Disputes
This book provides a hands-on interdisciplinary approach to designing and implement a process or system that will work to resolve and prevent disputes where traditional processes fail.
… Read More
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Using Negotiation Games to Develop Skills for Commercial Dispute Resolution
Private sector or commercial negotiations can range from relatively straightforward, high-stakes contract negotiations between suppliers and distributors to complex, multiparty negotiations between government, industry, and other interest groups. By honing their skills and more effectively engaging in negotiations, firms can positively influence their bottom line. Likewise, government officials and other stakeholders will achieve better outcomes … Read More
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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
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The Advantages of a Neutral Third-Party Mediator in Dispute Resolution Scenarios
What role does a mediator play in internal negotiations? In this article, mediation in the context of negotiation is discussed with reference to recent findings in negotiation research.
… Read More
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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
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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
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Workable Peace Curriculum Series
Note: Each of the seven individual Workable Peace Series curriculum units may also be purchased separately. Please click on the links below for information about purchasing individual units. Purchase of the seven-unit Workable Peace Curriculum Series includes a site license, which grants the user permission to reproduce any of its contents (including the role simulation … Read More
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Negotiating 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
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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
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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
Product
Papers on International Environmental Negotiation, Volume 13
Lawrence E. Susskind, William Moomaw, and Nancy J. Waters, eds.
… Read More
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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.
… Read More
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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
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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
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Charlene Barshefsky – Negotiating a Trade Agreement with China
James K. Sebenius and Rebecca Hulse
… Read More
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How to Negotiate Under Pressure
At the time, it seemed to be an example of coolheaded dealmaking in the midst of disaster. In 2009, hit hard by the 2008 financial crisis and changes in consumer preferences, U.S. automaker Chrysler was on the brink of collapse, and the Treasury Department stepped in to do a deal. In exchange for about $12 … Read More
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Monroe Energy Assistance Game II
Jeffrey B. Litwak and Lawrence Susskind
… Read More
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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
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Negotiating a Template for Labor Standards The U.S.-Chile Free Trade Agreement
Leonard Bierman and Jason Campbell
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How to Create Value at the Bargaining Table: Strategies for Creating Win-Win Negotiation Scenarios
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
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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
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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
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Building Bridges A High School Curriculum on Negotiation
A high school curriculum on resolving differences through negotiation
… Read More
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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.
… Read More
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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
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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
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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
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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
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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
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Negotiation Habits of Great Women Leaders
Pay inequities and a lack of great women leaders in upper management remain enduring problems in the workplace.
… Read More
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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
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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
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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
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Four Strategies for Making Concessions in Negotiation
Skilled negotiators know that making strategic concessions at the right time can be an effective tactic in negotiations. In this article, Deepak Malhotra, professor at Harvard Business School and PON affiliated faculty member, suggests four ways to make your concessions work to your best advantage.
1. Label Your Concessions
In negotiation, don’t assume that your actions will … Read More
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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
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3 Negotiation Strategies for Conflict Resolution
When a dispute flares up, the outcome can be sadly predictable: the conflict escalates, with each side blaming the other in increasingly strident terms. The dispute may end up in litigation, and the relationship may be forever damaged.
… Read More
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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
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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
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Workplace Dispute ResolutionDirections for the Twenty-First Centyury
Dispute management in the U.S. currently accepts workplace conflicts as a necessary part of organizational life. Having an effective dispute management system means providing the methods to resolve a dispute that match the type and stage to which it has progressed while also serving the needs of those who use the system.
Contributors to this collection … Read More
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The Importance of Negotiation in Business
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
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Using Dispute Resolution Techniques to Address Environmental Justice ConcernsCase Studies
A leak at a petrochemical plant releases a plume of sulfuric acid across 15 square miles, sending 24,000 people to the hospital. A refinery releases more than 100 tons of a toxic substance over four communities for 16 days, causing neurological disorders, skin reactions, and eye problems. A neighborhood built over abandoned crude oil storage … Read More
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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
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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
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Negotiating Skills and Tactics for Trust Building at the Negotiation Table
In this article some negotiating skills and negotiation tactics for building trust with your counterpart are presented.
… Read More
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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
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How to Deal with Threats: 4 Negotiation Tips for Managing Conflict at the Bargaining Table
Our DEAL approach allows you to respond to threats without conveying weakness or escalating the conflict, redirecting talks toward a focus on each other’s interests.
… Read More
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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
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Arbitration vs Mediation: How Negotiators Can Effectively Use Alternative Dispute Resolution (ADR)
Arbitration, mediation, and the dispute resolution process – how negotiators can effectively use alternative dispute resolution (ADR), conflict management and conflict resolution techniques to resolve disputes, repair relationships, and find opportunities for value creation at the bargaining table.
It’s often the case that when two people or organizations try to resolve a dispute by determining who … Read More
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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
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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
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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
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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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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
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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.
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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
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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
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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
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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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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
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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.
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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.
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Developing Negotiation Skills and Negotiation Techniques 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
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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
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When Family Business Disputes Require Conflict Resolution
Unfortunately, disputes—and the need for conflict resolution—can be common when family members do business together.
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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
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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.
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Environmental Diplomacy
Lawrence Susskind & Saleem Ali
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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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Challenging Conflict
Gary Friedman
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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.
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Breakthrough Business Negotiation A Toolbox for Managers
Winner of the 2002 CPR Award for Excellence in ADR (Outstanding Book Category)
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10 Hard Bargaining Negotiation Skills
Don’t be caught unprepared by hard bargainers, warn Robert Mnookin, Scott Peppet, and Andrew Tulumello in their book Beyond Winning.
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Beyond Winning Negotiating to Create Value in Deals and Disputes
Winner of the 2000 CPR Award for Excellence in ADR (Outstanding Book Category)
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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.
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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
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Business Negotiation Examples: 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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Consensus Building Handbook
Lawrence Susskind, Sarah McKearnan & Jennifer Thomas-Larmer
Winner of the 1999 CPR Award for Excellence in ADR (Outstanding Book Category)
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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
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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
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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
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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
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Powerful Conflict Resolution Games to Help You Teach Negotiation
From complicated negotiation strategies to artful subterfuge, conflict resolution games are one of the very best ways to prepare for the challenges of real-world negotiation. Games that employ a Prisoner’s Dilemma structure (where rational parties may not cooperate despite their best interests) enable participants to analyze negotiations, make strategic decisions, and anticipate their counterpart’s next … Read More
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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
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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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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
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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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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
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“Chasing Heroin” with Situational Leadership and Negotiation
Across the country, America’s leaders are waging a highly-publicized battle against a raging heroin epidemic. “Chasing Heroin,” an investigative report by Frontline, recently shed light on responses to the crisis, which currently contributes to over 27,000 opiate overdoses nationwide each year. What reporters found is that the best methods for combatting the problem have come … Read More
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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
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Servant Leadership and Conducting the Ultimate Job Negotiation
James Levine’s negotiations with the New York Metropolitan Opera and how his approach to the bargaining table, particularly with regard to his adaptive leadership style, helped create a win-win situation for both himself and the Opera.
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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
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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.
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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
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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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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
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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.
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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
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What is BATNA: How to Create Win-Win Negotiated Agreement
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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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
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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
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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
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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). Share too much, and the other side might conclude that you’re desperate to make a deal, any deal.
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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
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Negotiations and Logrolling: How Win-Win Integrative Negotiations Strategies Enable Negotiators to Breakdown Barriers to Agreement at the Bargaining Table
In three experiments, Roman Trötschel and colleagues found that perspective taking helped self-interested negotiators discover opportunities to log roll and generate mutual gains that reduced partial impasse.
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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
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Conflict Management and Negotiation 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.
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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
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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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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
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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.
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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
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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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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
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Negotiation Analysis: The US, Taliban, and the Bergdahl Exchange
The exchange between the United States and the Taliban of Sergeant Bowe Bergdahl for five Taliban leaders held at Guantanamo Bay, Cuba, represented the first public prisoner exchange of a US soldier in the thirteen year US involvement in Afghanistan. The background of the deal including how Private First Class Bergdahl (promoted twice to Sergeant … Read More
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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.
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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
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Software Return
Bruce Patton
Two-party negotiation between a customer and a returns clerk about the return of a defective software package
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Negotiation Tips: Listening Skills for Dealing with Difficult People
A negotiation daily reader asked us, “All the negotiation advice I read says that I should listen and ask questions in negotiations. That makes sense, and I mean to. But once the other side starts talking, I often find myself telling them what they left out or why they are wrong. How do I make … Read More
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Smithfield v. Rudfurd’s Home Repairs
Pat Aaron
Three-person small claims mediation between a homeowner and repair company regarding unfinished roof repair
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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 which 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):
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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.
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Conflict Management at the Office: How to Resolve Disputes
Are you too eager to please and do you avoid having difficult conversations when conflicts arise? A desire to get along with others may be preventing you from addressing and undertaking office conflict management.
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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
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Conflict Resolution Steps for Maintaining Your Power While Engaging in Cooperative Dispute Resolution
By following these steps, you can keep your edge while encouraging cooperative, rather than competitive, behavior in conflict management.
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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
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Mediation: Negotiating a More Satisfactory Divorce
We’ve all heard nightmarish stories of divorce battles that take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be daunting, especially when the principals are barely speaking to each other. In the worst-case scenario, bitter spouses hire cutthroat lawyers … Read More
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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)
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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
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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
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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.
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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
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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
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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
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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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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
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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.”
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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
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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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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
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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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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
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Negotiation Examples: The Importance of Interests in Negotiations Using Agents
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.
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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
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Alternative Dispute Resolution: Corporate Stakeholder Engagement and Mineral Extraction in Colombia
Corporations around the world are being pressed by their shareholders to do a better job of taking local concerns into account when they initiate mineral extraction projects. Indeed, both stakeholders and risk managers are demanding this. Many companies are now systematically assessing the concerns of a wide range of stakeholders and seeking to demonstrate (in … Read More
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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
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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.
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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
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The Importance of Relationships in Negotiation
A relationship is a perceived connection that can be psychological, economic, political, or personal; whatever its basis, wise leaders, like skilled negotiators, work to foster a strong connection because effective leadership depends on it.
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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
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Negotiation Tactics and BATNA 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.
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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
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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
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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
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Challenges Facing Women Negotiators: The Impact of Leadership Styles on Strategic Decisions
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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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
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Undecided on Your Dispute Resolution Process? Combine Mediation and Arbitration with 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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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
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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?
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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
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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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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
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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.
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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
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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.
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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
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Cross Cultural Communication: Translation and Negotiations
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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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
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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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Hopkins Hospital
Janet Martinez … Read More
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Repairing Relationships Using Negotiation Skills
Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. Some of the most successful negotiation examples of the power of negotiation skills in dispute resolution is when they repair relationships between friends.
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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
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Are You Ready to Negotiate?
“Winging it” is a fine approach to life’s minor decisions, but in negotiation, it can be disastrous. Follow these three preparation steps and improve your agreements.
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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
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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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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
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Negotiation Skills: Building Trust in Negotiations
Trust 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.
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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
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Your Reputation at the Bargaining Table in Business Negotiations
In multi-issue 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 this … Read More
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George and Martha
Two-party integrative negotiation between representatives for a divorcing couple over the amount of child support payments
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Employee 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.
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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
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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.
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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
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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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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
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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.”
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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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Dealing with Difficult People: Coping with an Insulting Offer
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.
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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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Using Your BATNA: Bruce Patton and William Ury Discuss the ‘Fiscal Cliff’
A standoff between Democrat President Barack Obama and congressional Republicans in 2012 focused attention on the negotiation styles employed by the two parties as they sought to secure their interests while also working toward the resolution of a budgetary battle.
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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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Top International Negotiations: Canceled Talks Between the U.S. and Russia
On August 7, 2013, President Barack Obama canceled a summit with Russian President Vladimir Putin scheduled for September of the same year in Moscow, citing a lack of progress on a variety of issues.
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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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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.
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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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How Does Mediation Work in a Lawsuit: Choosing the Right Mediator
How does mediation work in a lawsuit? For those new to mediation, we advise you being by getting a list of mediators from a reputable provider agency. You can find these agencies by searching under dispute resolution or by inquiring with your organization’s legal department.
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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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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.
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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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Negotiation Techniques from International Diplomacy: Lessons for Business Negotiators
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.
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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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Alternative Dispute Resolution: Four Conflict Negotiation Strategies for Resolving Values-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.
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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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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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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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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
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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 Topics in Business: 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.
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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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Conflict Negotiators Turn to Miss Universe
Opening offers lie at the heart of any successful negotiation. Here are four negotiation fundamentals that any negotiator should take to heart.
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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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Interest-Based Negotiation: In Mediation, Focus on Your Goals
How can you get through to people who seem uninterested in finding common ground? How can you deal with seemingly irrational negotiators who use insults, threats, and other hardball tactics to try to get their way?
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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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International Negotiation Role Playing: Systems Thinking and Peace-Building
Policymakers, practitioners, and academics have seized on the need for peacebuilding negotiation strategies in international negotiation to be as complex and adaptive as the societies within which they work.
As a result, there are loud calls for “whole of government” or “whole of community” approaches that cross traditional sectoral boundaries. The problem is that these approaches are … Read More
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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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The Leadership Styles of “Girls” at the Negotiating Table
In negotiations, strong, adaptive leadership styles are often learned and perfected away from the table. Lena Dunham is a hugely successful actor, writer, and director, but the creator of the HBO hit show “Girls,” is also a formidable negotiator.
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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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How to Manage Conflict at Work
Sooner or later, almost all of us will find ourselves trying to cope with how to manage conflict at work. At the office, we may struggle to work through high-pressure situations with people with whom we have little in common. We need a special set of strategies to calm tempers, restore order, and meet each … Read More
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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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Integrative Bargaining Examples: 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
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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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In International Negotiations, Manage Hard Bargainers
Public demands and threats—particularly when delivered as a precondition to negotiation—make negotiations more competitive and less collaborative.
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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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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.
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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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The Leadership Skills of Late Night
Selecting the right person for a challenging job is often more than just a hiring decision. It’s a negotiation. Doing it well requires exceptional leadership skills. Nowhere is this clearer than in late night television. Last year, Jay Leno left The Tonight Show.
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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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Negotiation and Leadership Skills: Jerry Brown Re-Frames a Deal at High Speed
Starting construction on an 800-mile rail network in the world’s 8th largest economy without the funds in place to finish the job may seem crazy, but in California Governor Jerry Brown’s case it was a calculated gamble by a seasoned leader intent on winning a long-term negotiation.
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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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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
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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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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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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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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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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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Negotiated Agreements: Why You Should Limit Your Options
A process of finding your counterparts interests and reconciling them with your own. But what if you or your counterpart presents a myriad of options and offers at the negotiation table?
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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
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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.
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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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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
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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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Diplomatic Negotiations to Build a Winning Coalition to Negotiate with Iran
The five permanent members of the UN Security Council plus Germany were able to arrive at a negotiated agreement with the Islamic Republic of Iran to curtail its nuclear weapons development program. Read this article to find out what diplomatic negotiation strategies were employed by the representatives from the bargaining countries and how they impacted … Read More
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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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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.
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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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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
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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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Q&A with William Ury, author of Getting To Yes With Yourself
Are You Your Own Worst Enemy?
We recently interviewed William Ury, co-founder of Harvard’s Program on Negotiation, one of the world’s leading experts on negotiation, and bestselling author of Getting to Yes and Getting Past No, about his new book, Getting To Yes With Yourself.
Great negotiators know that the path to resolution is not always linear … Read More
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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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The Mediation Process and Dispute Resolution: Strategies for Overcoming Obstacles at the Bargaining Table
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
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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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When Dealing with Difficult People, Try a Complementary Approach
To hear businessman and Republican presidential candidate Donald Trump tell it, the United States under President Barack Obama has 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.
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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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Six Guidelines for “Getting to Yes”
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
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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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Case Studies: Ten Great Conflict Resolutions
Conflict resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Conflict resolution sometimes requires both a power-based and an interest-based approach, such as the simultaneous pursuit of litigation (the use of legal power) and negotiation (attempts to reconcile each party’s … Read More
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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. The simulation represents a …
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Capture the Best of Mediation and Arbitration
The problem: You’re not sure which of the two most common dispute-resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, but it … Read More
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Bakra Beverage
Dan Vogel, under the supervision of Robert Bordone and Gillien Todd
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How Mediation Works
When negotiators can’t come to agreement but want to avoid an expensive, time-consuming, and potentially rancorous lawsuit, mediation is often their most logical choice. Mediation can help to resolve a wide range of disputes.
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Appleton vs. Baker
Lawrence Susskind
Two-party, single-issue distributive negotiation between principals regarding a potential real estate sale
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How to Overcome Cross Cultural Barriers in Negotiation
On February 28, 2014, Russian troops swarmed into Crimea following violent clashes between protesters and police in Kiev, Ukraine, and Ukrainian president Viktor Yanukovych’s abrupt departure from the country. Urging Russian president Vladimir Putin to retreat, Western leaders desperately searched for a way to help him “save face.”
It was a daunting task. Having made an … Read More
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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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Negotiating Advice for Congressional Democrats in the Era of Trump
In the aftermath of the 2016 election, with Republicans poised to control the White House and both houses of Congress, Democrats in Washington are struggling to determine how they will go about meeting their goals in the face of seemingly insurmountable odds.
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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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Beware Your Counterpart’s Biases
In the past we have encouraged you to ‘debias’ your own behavior by identifying the assumptions that may be clouding your judgment. We have introduced you to a number of judgment biases – common, systematic errors in thinking that are likely to affect your decisions and harm your outcomes in negotiation. Learn how to identify … Read More
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Ad Sales, Inc.
Lawrence Susskind
Six-party, multi-issue contract negotiation between management and union members of a publishing firm
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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.
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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 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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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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Protecting Yourself from Competitive Expectations
Like other cognitive biases, competitive expectations can be insidious. Fortunately, there are several steps you can take to forestall their negative consequences.
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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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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.
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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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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.
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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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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.
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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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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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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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10 Top Negotiation Examples
It never hurts to learn from the past. Here’s a recap of some of the most interesting and challenging negotiations from the past, featuring many of the world’s most famous negotiators.
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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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Daily
Dispute Resolution and Divorce Solutions for Jolie, Pitt, and Others
The news that actors Angelina Jolie and Brad Pitt are headed for divorce puts the issue of divorce negotiations in the spotlight.
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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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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.
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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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Maintaining Your Power in Negotiations
Given the pitfalls of having a position of relative power, what is a powerful negotiator to do? By following these steps, you can keep your edge while encouraging cooperative, rather than competitive, behavior.
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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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What’s Keeping You from Closing the Deal?
When talks stall, it’s tempting to jump to conclusions: “It’s purely a price gap.” “They’re being unreasonable.” “We’re not communicating well.” “We’re in a weak position.”
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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 Avoid Faulty Negotiated Agreements
Some of the trickier aspects of designing the right contract with your agent include properly aligning her incentives and monitoring her work. Supervising your agent can be especially hard when she knows more than you do about the area of work. For example, hiring an agent who is a lawyer and paying her on an … Read More
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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”
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How to Avoid the Domino Effect in International Negotiations
“Give them an inch, and they’ll take a mile.” Unfortunately, that’s the attitude with which many people approach negotiation. Convinced that their counterparts will take advantage of any concessions and compromise they make, they refuse to make any at all.
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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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In “Non-negotiation” with Antonio Brown, Steelers Find Mutual Gains
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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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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Negotiation Examples 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
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Sally Soprano I
Norbert Jacker and Mark Gordon
Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production
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Is Your Deal Too Good to Be True?
In an episode of the fictional HBO series Silicon Valley, partners in a red-hot technology startup, Pied Piper, receive funding offers from a number of venture capitalist firms. Raviga Capital is by far the highest bidder; its offer of $20 million values Pied Piper at a whopping $100 million.
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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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For Better Communication, Try Appreciation
Many professional negotiators have come away from talks wondering, How did that pleasant discussion turn sour? Why did the deal unravel at the last minute?
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Negotiation Scenario: Hammering out Local Strategies for Managing Climate-related Public Health Risks
Climate change is already causing increased temperatures, more intense storms, and rising sea levels in many parts of the world. The threats, particularly the impacts on human health, are daunting. Despite uncertainties about the timing and severity of the impacts of climate change in each location, this simulation asserts that cities and towns must take … Read More
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Using Mediators to Resolve Disputes
You’ve seen how mediators can help one organizational team prepare for a complex negotiation. But what about when litigation looms?
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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.
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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.
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Negotiation Exercises to Help Your Students Avoid Cross-Cultural Pitfalls
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 sets the stage for disputes that … Read More
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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
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PON Remembers Howard Raiffa
The Program on Negotiation would like to honor the memory of beloved colleague Howard Raiffa by highlighting his vast contributions to the field of decision making, negotiation, and dispute resolution. Howard Raiffa was one of the four principal co-founders of the Harvard Kennedy School and the Frank Plumpton Ramsey Professor of Managerial Economics Emeritus, a … Read More
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Conflict Resolution Games: Life, Death, and Career Consequences
High-Stakes Conflict Resolution Games
In Drug Testing in the Workplace—a popular role-play from the TNRC—a truck driver tests positive for marijuana in a random drug test. To play this conflict resolution game, participants assume the roles of truck driver, personnel director, and a representative from the Employee Assistance
Program Center, and then explore the question:
What is the … Read More
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Top Negotiation Case Studies in International Negotiations from Business and Global Politics
Here is a list offering a broad overview of negotiation case studies from the recent past along with analysis of each bargaining scenario:
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Beware Self-Fulfilling Prophecies in Negotiation
A self-fulfilling prophecy is a prediction of expectations that a person has that comes true because he or she expects it will.
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How Your Organization Can Benefit from Mediation Techniques
If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Read More
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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.
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Negotiating with Your Agent
Toby knew that Dara was the perfect New York literary agent for him as soon as he heard her friendly, professional voice on the phone. Never mind that 17 other agents had already rejected his book proposal. Dara’s enthusiasm and recent sales convinced him to sign the three-year exclusive contract she mailed to him in … Read More
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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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Negotiate a Vision for Your Organization
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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Contingency Agreement: The Risks and Pitfalls of Issuing Drafts
A draft agreement may allow you to control the early stages of talks, but be aware that it also can obstruct agreement in the long run. Putting a draft on the table may lock parties into bargaining positions prematurely, interfering with a search for common interests and creative options.
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Conflict and Conflict Resolution at Work
In the workplace, negotiations with coworkers over issues such as project assignments, departmental funding, and vacation requests can sometimes flare into conflicts. When they do, the experience can be stressful, and the organizational outcomes sometimes suffers as a result.
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How to Avoid Intercultural Barriers: A Better Negotiation Map
How often have you heard that, when entering a negotiation, you should get your allies onboard first? Conventional wisdom, but not always the best advice. When the United States sought to build a global anti-Iraq coalition following Iraq’s 1990 invasion of Kuwait, for instance, Israel appeared to be its strongest regional ally.
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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 cultures can significantly expand your organization’s reach and bring great rewards. Yet negotiating cross-culturally also can pose challenges, such as these.
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Case Study: Teaching with a Powerful Negotiated Agreement
What do a Nobel Peace Prize recipient, the CEO of an international financial advisory firm, and the former United States ambassador to the United Nations have in common? They’ve all received the Great Negotiator Award.
Every year, the Program on Negotiation at Harvard Law School bestows this prestigious honor on distinguished leaders whose lifelong accomplishments in … Read More
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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
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Announcing the 2016-2017 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
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How to Practice Interests-Based Leadership
Why should the people you’re supposed to lead follow you?
If you believe that your charisma, your exalted office, or your vision is reason enough, you’re in trouble.
While these qualities may affect how others relate to you, the unvarnished truth is that other people will follow you when they judge it’s in their best interest to … Read More
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Negotiation Research Examines Ethics in Negotiating Scenarios
A lack of transparency regarding negotiations between hospitals and the insurers known as preferred provider organizations, or PPOs, is a key contributor to spiraling health-care costs in the United States, according to an August article in the New York Times.
The problem starts with the somewhat arbitrary, sky-high prices that hospitals put on their supplies and … Read More
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In Acrimonious Disputes, Conflict Management is Key
Parties to a business dispute often become so focused on beating the other party that they lose sight of their most important goals. Conflict management efforts can be even more intense and seeming insurmountable between estranged romantic partners with a history of acrimony and distrust.
Consider rock star Madonna’s ongoing legal dispute with her ex-husband, film … Read More