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.


mutually beneficial

What is a Mutually Beneficial Agreement?

How to rise above your differences and carve out a mutually beneficial agreement

What exactly is a mutually beneficial agreement?

Some negotiation experts would have you believe that a mutually beneficial agreement is one in which each side grabs as much as it can from a finite pot of resources and calls it a day. But when negotiators bring a win-lose mindset to the negotiation table, they often fail to reach a mutually beneficial agreement.

Contrary to what negotiators often assume, you don’t have to lean toward either creating value or claiming value. Rather, by using a number of well-tested negotiation moves, you can help the other side benefit from a deal while also claiming substantially more value for yourself.

The following four strategies can help us reach mutually beneficial outcomes in a business negotiation between groups.

1. Embrace a Shared Identity or Goal. When launching a group negotiation, discuss the overarching goal you share with members of the other group or groups.

2. Separate Sacred from Pseudo-sacred Issues. Many of the issues negotiators consider sacred are actually pseudo-sacred. That is, the issues are off-limits in some but not all conditions.

3. Try the “GRIT” Strategy. The GRIT strategy (Graduated Reduction in Tension” begins by communicating your sincere desire to reduce conflict by making a small, one-sided, and public concession to the other group

4. Take advantage of logrolling. Logrolling is the process of making beneficial trades across issues based on an understanding of each other’s preferences. If one side values something more than the other, they should be given it in exchange for reciprocity on issues that are a higher priority to their opponent.

To learn more about mutually beneficial agreements and become a better dealmaker and leader, download our FREE special report,Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.

 

 

The following items are tagged mutually beneficial:

Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – May 13–⁠15, 2024

Posted by & filed under Harvard Negotiation Master Class.

Strictly limited to 60 participants who have completed a prior course in negotiation, this first-of-its-kind program offers unprecedented access to experts from Harvard Law School, Harvard Business School, and the Harvard Kennedy School—all of whom are committed to delivering a transformational learning experience. … Read More

Getting the Deal Done

Posted by & filed under Free Report.

Negotiation is one of the most complex yet important skills to learn. Even individuals who are “born negotiators” need to practice and acquire new strategies to get some deals done. In Getting the Deal Done, you’ll discover bargaining strategies that have been used by many of the world’s most successful leaders. … Read Getting the Deal Done

Check Out the All-In-One Curriculum Packages!

Posted by & filed under Teaching Negotiation.

Introducing a new way to go in-depth when teaching the most important negotiation concepts and to measure learning outcomes. If you are new to teaching negotiation or are looking to go in-depth on teaching key concepts, the All-In-One Curriculum Package will provide you with everything you need. The Teaching Negotiation Resource Center has created All-In-One Curriculum … Read Check Out the All-In-One Curriculum Packages!

Harborco: Role-Play Simulation

Posted by & filed under Free Report.

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 Harborco: Role-Play Simulation

Teaching the Fundamentals: The Best Introductory Negotiation Role Play Simulations

Posted by & filed under Teaching Negotiation.

Introductory negotiation courses are taught in law and business schools around the world, but are also increasingly taught to undergraduates and in all types of corporate settings. No matter the context, though, the basic elements of negotiation are roughly similar. Teaching interest-based negotiation, the Zone of Possible Agreement (ZOPA), the Best Alternative to a Negotiated … Read More

Reservation Point in Negotiation: Reach Negotiated Agreements by Asking the Right Questions

Posted by & filed under Negotiation Skills.

A reservation point negotiation is a bargaining scenario in which each side is trying to reconcile the other’s highest offer and the other’s lowest price. This negotiation example can apply to many other bargaining situations and demonstrates the value of open communication with your counterpart at the negotiation table. … Read More

The Best New Simulations

Posted by & filed under Teaching Negotiation.

Looking to update your curriculum with innovative new simulations? Check out these new simulations from the Teaching Negotiation Resource Center (TNRC). Discord at the Daily Herald – New Simulation This two-party, three-hour, multi-issue negotiation is between the co-owners of the Daily Herald newspaper over how to resolve ongoing management issues and implement structural reforms in the face … Read The Best New Simulations

How to Find the ZOPA in Business Negotiations

Posted by & filed under Business Negotiations.

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

BATNA and Other Sources of Power at the Negotiation Table

Posted by & filed under BATNA.

BATNA negotiations involve a negotiators knowledge of her best alternatives to a negotiated agreement and are one of three sources of negotiating power at the bargaining table, according to negotiation researcher Adam D. Galinsky and New York University’s Joe C. Magee. … Read More

Individual Differences in Negotiation—and How They Affect Results

Posted by & filed under Business Negotiations.

Negotiation advice is often “one size fits all,” yet we approach negotiations with vastly different experiences and traits. How do individual differences in negotiation play out? In one study, Washington University professor Hillary Anger Elfenbein and her colleagues found evidence that individual differences, including personality, accounted for an impressive 49% of the variance in negotiators’ … Read More

Managing Emotions in Negotiation: Teaching Students to Turn Emotions into an Opportunity for Mutual Gain

Posted by & filed under Teaching Negotiation.

How do you move from an emotionally charged moment in a negotiation to a mutually beneficial agreement? In negotiations of all types, whether buying a house or negotiating a company acquisition, emotions naturally manifest. Left unaddressed, emotions can derail a negotiation and make agreement seem impossible. … Read More

Power in Negotiation: The Impact on Negotiators and the Negotiation Process

Posted by & filed under Negotiation Skills.

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

10 Hard-Bargaining Tactics to Watch Out for in a Negotiation

Posted by & filed under BATNA.

Some negotiators seem to believe that hard-bargaining tactics are the key to success. They resort to threats, extreme demands, and even unethical behavior to try to get the upper hand in a negotiation. In fact, negotiators who fall back on hard-bargaining strategies in negotiation are typically betraying a lack of understanding about the gains that … Read More

Negotiating a Salary When Compensation Is Public

Posted by & filed under Salary Negotiations.

Faced with the prospect of negotiating a salary with a new employer, job candidates often feel anxious, confused, and tentative. Historically, organizations have tended to keep information about salaries for open positions opaque, assuming they benefit when prospective employees are in the dark about how much they might earn. But new laws and broader marketplace … Read Negotiating a Salary When Compensation Is Public

New Simulation: International Business Acquisition Negotiated Online

Posted by & filed under Teaching Negotiation.

New from the Teaching Negotiation Resource Center (TNRC), Ren the Robot is a one-and-a-half hour, two-party, multi-issue negotiation between a Tokyo-based robotics company, Grubotics, and a U.S.-based tech company, Delivered, over a potential acquisition deal. It is designed to be conducted using online video conferencing. The use of online video conference technology highlights the conveniences … Read More

Communication Breakdowns: When All We Can See is Red

Posted by & filed under Dealing with Difficult People.

Miscommunication often leads to impasse in negotiation. When we don’t understand what the other party wants, we can grow frustrated by their perceived lack of cooperation with our own wishes and give up prematurely on reaching agreement. Miscommunication also can be a problem when we are consulting advisers for help with an upcoming negotiation, whether … Read More

High Stakes Negotiations in the Healthcare Industry

Posted by & filed under Teaching Negotiation.

Teach Your Students to Negotiate One of the Most Critical Global Industries With the COVID-19 pandemic devastating communities around the world, the acute importance of the healthcare industry to community welfare has become even more apparent. Healthcare is one of the biggest economies in the world, with billions of dollars spent on treatments and associated research. … Read More

How an Authoritarian Leadership Style Blocks Effective Negotiation

Posted by & filed under Leadership Skills.

Those who favor an authoritarian leadership style, also known as an autocratic leadership style, tend to believe their approach to management is more efficient and decisive than a more collaborative leadership style. But because a top-down approach can heighten the power differential between leaders and those who report to them, it often backfires, generating resentment … Read More

10 Negotiation Failures

Posted by & filed under Negotiation Skills.

Here’s a list of 10 negotiation failures drawn from recent negotiations in the news—including deals that were over before they started and those that proved disastrous after the ink had dried. These cautionary tales offer ample lessons to business negotiators. … Read 10 Negotiation Failures

Team Negotiation: Tackle Common Pitfalls

Posted by & filed under Dealmaking.

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

For Greater Value Creation, Look Beyond Your BATNA

Posted by & filed under BATNA.

For value creation in negotiation, you may need to look beyond your greatest source of power. You may have learned— perhaps in this newsletter or in Roger Fisher, William Ury, and Bruce Patton’s landmark negotiation book Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 1991)—that your most powerful asset is often a strong BATNA, or … Read More

Why Great Negotiators Earn More Money

Posted by & filed under Salary Negotiations.

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

Business Negotiations: How to Improve Your Reputation at the Bargaining Table

Posted by & filed under Business Negotiations.

In multi-issue business negotiations, research suggests that the advantage goes to negotiators with a reputation for collaboration rather than competition. In a series of studies by Catherine H. Tinsley and Kathleen O’Connor, participants were told they would be negotiating with someone who had either a tough reputation, a cooperative reputation, or an unknown reputation. Although … Read More

Renegotiation Lessons from the NAFTA Talks

Posted by & filed under Dealmaking.

During the 2016 presidential campaign, Donald Trump blamed the trilateral North American Free Trade Agreement (NAFTA) among Canada, Mexico, and the United States for the U.S. trade deficit with Mexico and for lost American manufacturing jobs. Upon taking office, Trump said he was determined to either engage in renegotiation of NAFTA or walk away from the … Read Renegotiation Lessons from the NAFTA Talks

Negotiation Research Says to Make Stronger First Offers in Multi-Issue Negotiations

Posted by & filed under Negotiation Skills.

Should you make the first offer in a negotiation? What about multi-issue negotiations? It’s not a trivial question. The negotiator who makes the first offer can powerfully anchor the discussion in her favor, research has found. In fact, the first offer accounts for between 50% and 85% of the variance in a negotiation’s final outcome, Adam … Read More

Are Introverts at a Disadvantage in Negotiation?

Posted by & filed under Negotiation Skills.

Are extroverts by nature better negotiators than introverts? Or are they at a disadvantage in negotiation? As we’ll see, the answer is far from decided. However, we all have clear opportunities to build on our own strengths and learn from those of others. Introversion is a personality trait marked by a desire to think through ideas … Read Are Introverts at a Disadvantage in Negotiation?

In Crisis Negotiations, Stay Rational Under Pressure

Posted by & filed under Crisis Negotiations.

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

Moving Toward Group Conflict Resolution

Posted by & filed under Conflict Resolution.

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

In Business Disputes, Conflict Resolution Styles Can Make All the Difference

Posted by & filed under Negotiation Skills.

Business disputes don’t have to be antagonistic. Nor does litigation need to be the go-to method of solving conflicts. Thoughtful negotiation can often often result in an amicable solution. To see the difference between two different conflict resolution styles, take a look at two real-life copyright cases in the music industry. Imagine that you’re an up-and-coming … Read More

Digitally Enhanced Simulation Packages – With Live Data Analytics

Posted by & filed under Teaching Negotiation.

In-depth Teaching Materials with Real Time Data Analytics Designed to Enhance Teaching Negotiation  From the Teaching Negotiation Resource Center (TNRC) at PON, and iDecisionGames: digitally enhanced simulation packages designed to take your teaching to the next level. The Enhanced Simulation Package from the TNRC and iDecisionGames brings a new, interactive learning experience to teaching negotiation. This easy … Read More

Dear Negotiation Coach: Are There Benefits To the Absence of Truth in Negotiations?

Posted by & filed under Negotiation Skills.

We hear a lot about the benefits of telling the truth in negotiations. But some negotiators find themselves struggling with the question of how trusting to be. Is there a benefit to mistrust in negotiation? Should you always assume your counterpart is telling the truth? In negotiation, our outcomes depend in large part on our ability … Read More

When Hard-Bargaining Isn’t Enough

Posted by & filed under Dispute Resolution.

Leonardo da Vinci’s painting Salvator Mundi has long been shrouded in mystery. The 16th-century portrait of Jesus Christ periodically disappeared over hundreds of years before being mistakenly sold at auction as another artist’s work for just £45 in 1958. In 2005, art dealers purchased the damaged painting for approximately $10,000 in an estate auction. After … Read When Hard-Bargaining Isn’t Enough

Leveraging BATNA at the Dinner Table: Negotiate Your Way to Holiday Cheer

Posted by & filed under Negotiation Skills.

It’s the most wonderful time of the year, or so they say. As we look ahead to winter vacation and seemingly endless days of family celebrations, many feel a sense of dread, anticipating tensions and conflict as drearily predictable as overcooked turkey and practical gifts. Even those who look forward to family get-togethers often end … Read More

Casino Two: Updated Version of Casino Now Available from the TNRC

Posted by & filed under Teaching Negotiation.

Gender can play a complex role in workplace dynamics, and so teaching students about how to approach these issues is critical. The Casino simulation, available from the Teaching Negotiation Resource Center (TNRC), has been widely used to teach participants about the role gender can play in the workplace. Now there is a new, updated version which … Read More

International Negotiation Role Playing: Understanding the Theory and Practice of Systemic Peacebuilding

Posted by & filed under Conflict Resolution.

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

The Right Way to Regulate Emotion in Negotiation

Posted by & filed under Dispute Resolution.

Emotional flooding – when strong, specific, and often negative feelings overwhelm us – poses obvious hazards to negotiators, who need to be able to think clearly when faced with the complex, strategically demanding task of creating and claiming value. For this reason, emotional regulation can be an essential component of negotiation. But different types of regulation create … Read The Right Way to Regulate Emotion in Negotiation

In Group Negotiation, Avoid a Turf Battle

Posted by & filed under Business Negotiations.

In group negotiation, turf battles—heated conflicts over territory, control, rights, or power—are common. Department heads clash over scarce resources. Companies, community groups, and governments get tied up in lawsuits over undeveloped land. Across the globe, fishing groups have depleted fish stocks in their rush to catch the biggest share for themselves. … Read In Group Negotiation, Avoid a Turf Battle

How Mood Affects Negotiators

Posted by & filed under Conflict Resolution.

What are social psychologists learning about the connections among emotions, negotiation, and decision making? Negotiation contributor Jennifer S. Lerner of Harvard Kennedy School and her colleagues have identified two critical themes. First, they have studied the carryover of emotion from one episode, such as a car accident, to an unrelated situation, such as a workplace … Read How Mood Affects Negotiators

Dealing with challenging negotiators

Posted by & filed under Dealing with Difficult People.

We often enter negotiations with a new counterpart with excitement. Unfortunately, our high expectations are sometimes dashed when our new negotiating partner exhibits behavior that’s puzzling, upsetting, or downright bizarre. A trio of new articles by negotiation scholars offers advice that can help us respond effectively to bargaining partners who threaten to throw us off … Read Dealing with challenging negotiators

What’s so great about small talk?

Posted by & filed under Dealmaking.

This spring and summer, professional sports leagues scrambled to negotiate deals with players’ unions to start or resume their seasons with health, financial, and logistical accommodations for the Covid-19 pandemic. Most reached mutually agreeable deals, with some bumps in the road. Then there was Major League Baseball (MLB). As they tried to work out when the 2020 … Read What’s so great about small talk?

Business Team Building: The Value of Self-Reflection

Posted by & filed under Business Negotiations.

Exercises designed to build trust and rapport are often touted as the key to business team building and improved business skills. Such exercises—from falling backwards into the arms of teammates to competing in scavenger hunts—can be effective at onboarding new employees, overcoming cultural barriers, and strengthening existing teams. But not all business team building efforts need … Read More

Negotiation in the News: Scrutinizing a Win-Win Deal

Posted by & filed under Win-Win Negotiations.

When trust between negotiators is low and rancor is high, they may have difficulty accepting a mutually beneficial deal even as it stares them in the face. As 2019 drew to a close, House Democrats were trying to come to terms with a renegotiated North American Free Trade Agreement (NAFTA) that checked off many important boxes … Read More

When High Prices Are a Bitter Pill to Swallow

Posted by & filed under Dealmaking.

There’s at least one thing that politicians as ideologically dissimilar as President Donald Trump and Senator Elizabeth Warren have agreed on: Prescription drug prices are too high in the United States. Americans pay about $1,200 per year, on average, for their medication, according to the Organization for Economic Cooperation and Development— about twice as much … Read When High Prices Are a Bitter Pill to Swallow

What is Divorce Mediation?

Posted by & filed under Mediation.

A divorce can 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 overwhelming, especially when the principals are barely speaking to each other. In the worst-case scenario, separating spouses hire cutthroat lawyers to make rigid (and sometimes outrageous) … Read What is Divorce Mediation?

Add Variety to Your Curriculum with These Top Simulations

Posted by & filed under Teaching Negotiation.

Update Your Teaching Materials with Our Top Negotiation Role Play Simulations The field of negotiation is constantly evolving, and as such, requires new ways of teaching negotiation. It can sometimes happen that students come into a class having already encountered the negotiation simulation being used in the course, or that a different kind of exercise is … Read More

Facing controversy? Don’t forget to negotiate

Posted by & filed under Conflict Resolution.

Looking back, it’s almost hard to imagine, but when then–San Francisco 49ers quarterback Colin Kaepernick began sitting down for pregame performances of “The Star-Spangled Banner,” no one noticed. He’d sat through two national anthems during the 2016 preseason before reporters asked him about it. Citing racial oppression and police brutality, Kaepernick explained that he planned … Read Facing controversy? Don’t forget to negotiate

Negotiate Business Contracts that Last

Posted by & filed under Business Negotiations.

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

Teach Your Students Dispute Resolution for Their Everyday Lives

Posted by & filed under Teaching Negotiation.

Negotiation refers to the process of working out agreements that meet each party’s needs and address their interests. People negotiate all the time in their everyday lives: in the workplace, within families, and when buying goods and services. Knowing which negotiation strategies to use in different circumstances can make a significant difference. The Teaching Negotiation … Read More

When Conflict Becomes a Self-Fulfilling Prophecy

Posted by & filed under Negotiation Skills.

When one party brings up the possibility of a lawsuit in a business dispute, the threat can become a self-fulfilling prophecy. Yet business negotiators often benefit from settling their disputes before going to court, write Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello in their book Beyond Winning: Negotiating to Create Value in … Read When Conflict Becomes a Self-Fulfilling Prophecy

Video: Setting the Stage for Productive Negotiations

Posted by & filed under Daily, Resources, Videos.

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

Dear Negotiation Coach: Taking the Shame Out of Networking

Posted by & filed under Negotiation Training.

QUESTION I manage a team of consultants who engage in negotiations. We often discuss the importance of networking to create new negotiating opportunities, but I rarely see them following through. Any advice on how to help them overcome their reluctance to network? ANSWER The reticence you’ve encountered when trying to sell your team members on the benefits of … Read More

Trying to Come to Terms with an Adversary?

Posted by & filed under Business Negotiations.

A string of recent deals between longtime opponents could give you the inspiration you need to reach agreement with your most difficult partners. Republicans and Democrats. North and South Korea. The United States and China. All of these pairs have a reputation for conflict, rivalry, and impasse. Yet despite their ongoing differences, each pair recently managed … Read Trying to Come to Terms with an Adversary?

Negotiation Skills in Business Communication: Status Anxiety

Posted by & filed under Business Negotiations.

Negotiation Skills in Business Communication: Campeau Corporation and Federated Department Stores Sometimes in negotiation we are forced to deal not only with the issues on the table but also with concerns about status. One famous instance took place in the late 1980s, when Robert Campeau, head of the Campeau Corporation and then one of Fortune magazine’s “50 … Read More

Successes & Messes: Bare-knuckle negotiating

Posted by & filed under Business Negotiations.

Perhaps it’s no surprise that two boxers, bitter rivals, took many years to negotiate the terms of their hotly anticipated matchup. But the fact that a bout between Floyd Mayweather Jr. and Manny Pacquiao—held May 2 in Las Vegas—came together at all offers hope that even the fiercest competitors can secure a mutually beneficial agreement. Hitting … Read Successes & Messes: Bare-knuckle negotiating

Stop outsiders from sabotaging your deal

Posted by & filed under International Negotiation.

A deal had been a long time coming. Back in November 2013, Iran agreed to limit its nuclear enrichment program in exchange for lighter economic sanctions from Western nations. To hammer out the details, Iran entered into talks with six nations: China, Russia, France, Germany, the United Kingdom, and the United States. Eventually, the talks … Read Stop outsiders from sabotaging your deal

Announcing the 2015-2016 PON Graduate Research Fellows

Posted by & filed under Awards, Grants, and Fellowships, Daily, Graduate Research Fellowships, PON Graduate Research Fellowships.

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 the PON goal of fostering the development of the next generation of scholars, this program provides support for one year of … Read More

What Does Conflict Management Mean in Business Negotiations with Competitors?

Posted by & filed under Conflict Resolution.

They say it pays to keep your friends close and your enemies closer, but in business negotiation, keeping your enemies—or competitors—close could end you up in court, as Apple’s recent encounter with the U.S. Department of Justice suggests. The story begins back in 2007 when, unhappy with Amazon’s low, flat price of $9.99 for e-books, five … Read More

Negotiation Skills: Should Put Off What You Could Negotiate Today?

Posted by & filed under Negotiation Skills.

To reach agreement, negotiators sometimes postpone the resolution of certain issues until a later date. We look at how this practice plays out in the real world. Remember the federal debt ceiling talks? In mid-2011, congressional Republicans insisted on significant spending reductions from their Democratic counterparts in exchange for voting to raise the nation’s debt … Read More

Build On Your Past Success in Business Negotiations

Posted by & filed under Business Negotiations.

For fans of AMC’s hit show Mad Men, the news was terrible. In late March 2011, the network publicly confirmed that the fifth season of the show, originally set to air summer of 2011, would not air until early 2012. A contract dispute with the show’s creator, producer, and head writer, Matthew Weiner, had held … Read More

Lawyers in Mediation and the Mediation Process

Posted by & filed under Dispute Resolution.

How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research … Read Lawyers in Mediation and the Mediation Process

Bet you didn’t know… Personnel matters in negotiation.

Posted by & filed under Business Negotiations.

When outsiders become overachievers When faced with the task of assigning a subordinate to represent their organization in a negotiation, managers might look for strong negotiating experience, intelligence, a good attitude, and a winning personality. In a new study, professor Gerben A. Van Kleef of the University of Amsterdam and his colleagues identify another beneficial quality … Read More

Keeping the Game Out of Court

Posted by & filed under Business Negotiations.

Sometimes those on opposite sides of a bitter dispute can achieve great gains – if only they can spot the ways in which they are similar. In 2001, the Metropolitan Intercollegiate Basketball Association (MIBA), an organization of five New York-area colleges best known for staging college basketball’s National Invitation Tournament, filed a lawsuit against the National … Read Keeping the Game Out of Court

Water Diplomacy: The Role of Science in Water Diplomacy

Posted by & filed under Conflict Resolution.

Scientific and technical knowledge is important in water negotiations, but not in the ways it has often been used. It is counterproductive to use scientific information to justify arbitrary (political) decisions. For example, scientific information about water has increased dramatically over the last several decades, but our ability to manage water resources has not improved … Read More

Did You Really Get a Great Deal?

Posted by & filed under Negotiation Skills.

Adapted from “A Worse Deal Than You Think?” First published in the Negotiation newsletter, August 2006. Most negotiators leave the bargaining table believing they were better at pushing the other side to its limit than was actually the case, according to experimental studies by Richard P. Larrick of Duke University and George Wu of the University … Read Did You Really Get a Great Deal?

Agreeing to Disagree

Posted by & filed under Business Negotiations, Daily.

Adapted from “What Divides You May Unite You,” by James K. Sebenius (professor, Harvard Business School), first published in the Negotiation newsletter. Mark Twain once quipped that “it is differences of opinion that make horse races.” Along these lines, differences in beliefs about how future events will unfold—what a key price will be, whether a technology … Read Agreeing to Disagree

Pitfalls of the Powerful

Posted by & filed under Business Negotiations, Daily.

Adapted from “Are You Too Powerful for Your Own Good?” by Ann E. Tenbrunsel (professor, Notre Dame University), first published in the Negotiation newsletter. Imagine that you’re a national account sales manager and are preparing to negotiate your annual raise. You have met all your sales objectives and feel that you are not only a valuable … Read Pitfalls of the Powerful

Dealing With Constituents

Posted by & filed under Business Negotiations, Daily.

Adapted from “Dealing with Backstage Negotiators,” first published in the Negotiation newsletter. Negotiated agreements sometimes go off the rails in the final hour because one side caves in to a constituent’s wishes despite having the authority to make a commitment. Because people tend to approach negotiations with an “us versus them” mentality, they may succumb to … Read Dealing With Constituents

Trusting from Square One

Posted by & filed under Daily, Negotiation Skills.

Adapted from “How Much Should You Trust?” by Iris Bohnet (professor, Harvard Kennedy School) and Stephan Meier (professor, Columbia Business School), first published in the Negotiation newsletter. What’s the best way to cope with a fellow negotiator who has betrayed your trust? Ignoring the problem is rarely the best solution. When you distrust someone, you’re forced to … Read Trusting from Square One

Caveat Emptor?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Fair Enough? An Ethical Fitness Quiz for Negotiators,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter. Imagine that you bought a rustic cabin at its asking price. Now flash-forward a few years. You’ve enjoyed the place immensely but just learned that a motorcycle racetrack will be up and running … Read Caveat Emptor?

Pharma talks

Posted by & filed under Business Negotiations, Daily.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises.  The following role simulation is a three-party, multi-issue contract negotiation among representatives for an HMO and two pharmaceutical companies over the purchase of a new antidepressant drug. SCENARIO: Hopkins HMO is the largest independent managed health care organization in the … Read Pharma talks

Dealing with pharmaceutical delays

Posted by & filed under Business Negotiations, Daily.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Teflex Products is a 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. SCENARIO: Midland Pharmaceutical Company has developed Renaid, a breakthrough drug that … Read Dealing with pharmaceutical delays

Stuck between manufacturer and customer

Posted by & filed under Daily, Negotiation Skills.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises.  Software Return is a two-party negotiation between a customer and a returns clerk about the return of a defective software package. Scenario: The complaints clerk in a retail software store sees a customer approaching, carrying a software package … Read Stuck between manufacturer and customer

When We Expect Too Much

Posted by & filed under Business Negotiations.

How often have you heard a friend or colleague refer to a contract as being “in the bag,” only to find out later that the deal didn’t go through? There always turns out to be a good reason a negotiation fell apart. Yet the fact remains that most negotiators are overconfident about their chances of … Read When We Expect Too Much

Negotiate how you’ll negotiate

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Have You Negotiated How You’ll Negotiate?” by Robert C. Bordone, Professor, and Gillien S. Todd, Lecturer, Harvard Law School. Breakdowns in negotiation are common. In the face of impasse at the bargaining table, managers are quick to blame either the challenges of the issues being negotiated or the hard-line tactics of the opposing parties. … Read Negotiate how you’ll negotiate

Go the extra mile

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Build Rapport—and a Better Deal,” by Janice Nadler, professor, School of Law, Northwestern University. In negotiation, rapport is a powerful force that can promote mutually beneficial agreements. Negotiators who already have a good working relationship are fortunate to have rapport built into their interactions. Strangers, however—especially those whose communications are limited to telephone or … Read Go the extra mile