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.


negotiating

The following items are tagged negotiating:

Negotiate the Healthcare Industry

Posted by & filed under Teaching Negotiation.

Teach Your Students to Negotiate One of the Largest Global Industries Healthcare is one of the biggest economies in the world, with billions of dollars spent on treatments and associated research. There are typically significant interests at stake in healthcare negotiations, which are made all the more complex by the presence of both public and private … Read More 

Negotiation Workshop: Improving Your Negotiating Effectiveness

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

Course Dates: June 2020 – Exact Dates TBD Too many negotiators leave value on the table. They painfully divide a small pie after a costly battle while failing to capture offsetting opportunities for joint gain, or win the battle, but at the cost to relationships and reputation that limit long-term value. Reliably negotiating optimal outcomes requires … Read More 

7 Tips for Closing the Deal in Negotiations

Posted by & filed under Dealmaking.

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

Negotiation Workshop: Strategies, Tools, and Skills for Success

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

Course Dates: June 2020 – Exact Dates TBD Turn disputes into deals. Transform deals into better deals. Resolve intractable problems. Negotiating effectively requires the ability to change the game – moving away from conflict and toward collaboration. In this intensive, interactive program, you acquire a proven framework for maximizing the value of your negotiation. … Read More 

Secrets of Successful Dealmaking

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

Course Dates: June 2020 – Exact Dates TBD In corporate dealmaking, much of the action happens away from the negotiating table. Successful dealmakers understand that deal set-up and design greatly influence negotiation outcomes. In this program, you will examine the legal, tactical, and structural elements of dealmaking and acquire practical skills and techniques for navigating difficult … Read More 

Negotiation Genius

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Deepak Malhotra & Max Bazerman Clear and methodical advice for preparing for and executing any negotiation, drawing on decades of behavioral research and the experience of thousands of business clients – Co-winner of the 2008 CPR Award for Excellence in ADR (Outstanding Book Category) … Read More 

Negotiation and Leadership Fall 2019 Brochure

Posted by & filed under Free Report.

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. … Read More 

Negotiating Difficult Conversations: Dealing with Tough Topics Productively

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

Course Dates: June 2020 – Exact Dates TBD When negotiations become difficult, emotions often escalate and talks break down. To overcome barriers and turn negotiations from difficult to collaborative, from breakdown to breakthrough, you must learn to understand the inter- and intra-personal dynamics at play. In this program, you will examine how your own assumptions and … Read More 

Handbook of Dispute Resolution (The)

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Winner, National Institute for Advanced Conflict Resolution’s 2005 Book Award – A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes … Read More 

Negotiation Research on Organizational Approaches to Negotiating Systems

Posted by & filed under Negotiation Skills.

While most negotiation research aims to sharpen individual managers’ skills, there is growing scholarly and professional interest in an organizational approach to negotiation.A systemic perspective evaluates the training, authority, procedures, and resources that manager need to improve their companies’ “return on negotiation,” as consultant Danny Ertel puts it. Looking at negotiations broadly reveals important design … Read More 

Advanced Mediation Workshop: Mediating Complex Disputes

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

Course Dates: June 2020 – Exact Dates TBD You’ve handled numerous mediation sessions with ease. You are confident in your mediation skills, especially between two parties who want a fair resolution. But how do the dynamics change when their lawyers join the session? What happens when the mediation expands to multiple parties who are bringing many … Read More 

Negotiation and Leadership: Dealing with Difficult People and Problems BR

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

Negotiation and Leadership Dealing With Difficult People and Problems Spring sessions: April 16–18 | May 14–16 | June 18–20 2018 Fall sessions: September 24–26 | October 15–17 | December 3–5 2018 Focused one-day sessions Spring sessions: April 19, 2018 | May 17, 2018 | June 21, 2018 Fall sessions: September 27, | October 18, | December 6, 2018

.embed-container { position: relative; padding-bottom: 56.25%; height: 0; … Read More 

Behavioral Theory of Labor Negotiations, A An Analysis of a Social Interaction System

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In this book Walton and McKersie attempt to describe a comprehensive theory of labor negotiation. The authors abstract and analyze four sets of systems of activities which they believe account for much of the behavior found in labor negotiations. The first system of activities, termed “distributive bargaining,” comprises competitive behaviors that are intended to influence the … Read More 

NEW FREE REPORT! Salary Negotiations

Posted by & filed under Free Report.

Discover how to refine your negotiation skills with this free special report, Negotiation Training: How Harvard Negotiation Exercises, Negotiation Cases and Good Negotiation Coaching Can Make You a Better Negotiator, from Harvard Law School. … Read More 

Negotiation and Leadership: Dealing with Difficult People and Problems AQ

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

Negotiation and Leadership Dealing With Difficult People and Problems Spring sessions: April 16–18 | May 14–16 | June 18–20 2018 Fall sessions: September 24–26 | October 15–17 | December 3–5 2018 Focused one-day sessions Spring sessions: April 19, 2018 | May 17, 2018 | June 21, 2018 Fall sessions: September 27, | October 18, | December 6, 2018

.embed-container { position: relative; padding-bottom: 56.25%; height: 0; … Read More 

Art & Science of Negotiation (The)

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Howard Raiffa Winner of the 1985 Leo Melamed Prize of the Journal of Business for the most significant published work by a faculty member in a school of business in the preceding two years. … Read More 

Negotiating with Millennials – How to Overcome Cultural Differences in Communication

Posted by & filed under Business Negotiations.

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. … Read More 

Negotiation and Leadership NL P

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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 

MESO Negotiation Strategies and Negotiation Techniques

Posted by & filed under Dealmaking.

MESO negotiation techniques for negotiators include creating value at the bargaining table by identifying multiple proposals of equal value and presenting them to your counterpart simultaneously. By making tradeoffs across issues, parties can obtain greater value on the issues that are most important to them. But how can you be sure you’re making the right … Read More 

Negotiation and Leadership NL O

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

3-D Negotiation

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David Lax & James Sebenius A path-breaking introduction to the “three dimensions” of complex negotiated deal-making: table tactics, deal design, and the crucial but often overlooked dimension of setup … Read More 

Positional Bargaining Pitfalls

Posted by & filed under Negotiation Skills.

When they think of negotiation, many people imagine a positional bargaining scenario where two people are haggling back-and-forth over the price of an item, both refusing to budge. In positional bargaining, “each side takes a position, argues for it, and makes concessions to reach a compromise,” write Roger Fisher, William Ury, and Bruce Patton in … Read More 

Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – April 6-8th, 2020

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 Massachusetts Institute of Technology—all of whom are committed to delivering a transformational learning experience. By working closely with them, you will: … Read More 

What Works

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Iris Bohnet A “game-changer” that demonstrates how research is addressing gender bias, improving lives and performance. … Read More 

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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 

Great Negotiator Case Study Package

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James K. Sebenius and Jeswald Salacuse, with Daniel Curran, Laurence A. Green, Rebecca Hulse and Kristin Schneeman A package of factual case studies featuring recipients of the Program on Negotiation’s Great Negotiator Award … Read More 

The New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation

Posted by & filed under Free Report.

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 

Difficult Conversations: How to Discuss What Matters Most

Posted by & filed under 1 Day Courses, executive training.

Whether dealing with a challenging customer, a difficult supplier, an unhappy employee, an unreasonable official, or a demanding boss, we all have conversations we anticipate with dread. Gain the strategies, tools, and frameworks you need to manage difficult conversations effectively in this one-day program led by negotiation experts Bruce Patton and Douglas Stone. … Read More 

Dealing with Difficult People

Posted by & filed under Free Report.

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 

Negotiating At Work

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Deborah Kolb & Jessica Porter Selected by TIME as one of the best negotiation books of 2015, Negotiating at Work offers practical advice for managing your own workplace negotiations: how to get opportunities, promotions, flexibility, buy-in, support, and credit for your work. … Read More 

Does Small Talk in Negotiation Offer Big Gains?

Posted by & filed under Business Negotiations.

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

Leveraging the Power of Emotions As You Negotiate

Posted by & filed under 1 Day Courses, executive training.

We all experience emotionally challenging conflicts and negotiations. Whether you are negotiating with your board or with your family, over internal resources or with external partners, as the buyer or as the seller, emotions can turn an otherwise productive negotiation into an unprofitable disaster.It does not have to be that way. In this interactive workshop, … Read More 

Job Negotiation, The

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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 

Digitally Enhanced Simulation Packages – NEW Simulations Added

Posted by & filed under Teaching Negotiation.

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

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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 

Caitlin’s Challenge

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Deborah M. Kolb, with the Simmons College Graduate School of Management, and the Program on Negotiation at Harvard Law School “Caitlin’s Challenge” is a short case recounting Caitlin Elliot’s history at a company called Microenterprises Incorporated and her negotiation with its CEO, George Baker, about a promotion and a bonus. The case is good for … Read More 

Good For You, Great For Me

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Lawrence Susskind Win at win-win negotiating! Find trades that create much more value than either you or your opponent thought possible while satisfying the interests of your back table – the people to whom you report. … Read More 

Negotiation Strategies for Women: Secrets to Success

Posted by & filed under Free Report.

As a general manager of a business unit and the father of two daughters in college, I have no tolerance for gender bias in the workplace or anywhere else for that matter. At least that’s what I thought, until a women manager handed me the Negotiation Strategies for Women report that she recently received from … Read More 

5 Types of Negotiation Skills

Posted by & filed under Negotiation Skills.

Businesspeople who are looking for effective negotiation strategies often confront a dizzying array of advice. It can be useful to take a step back and categorize these strategies into various types of negotiation tactics. Highlighting the benefits of negotiation in business, the following five types of negotiation tactics can help you think more broadly about … Read More 

Negotiating with the Ministry of Health

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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 

Price Anchoring 101

Posted by & filed under Negotiation Skills.

Opening offers have a strong effect in price negotiations. The first offer typically serves as an anchor that strongly influences the discussion that follows. In research documenting price anchoring, psychologists Daniel Kahneman and Amos Tversky found that even random numbers can have a dramatic impact on people’s subsequent judgments and decisions. … Read More 

Negotiating with Another Federal Agency

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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 

Akron Steel

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Allison Berland A non-team, multi-issue, non-scorable exercise that gives participants an opportunity to map a conflict at the workplace. … Read More 

Training Women to Be Leaders: Negotiating Skills for Success

Posted by & filed under Free Report.

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 

Effective Negotiation Strategies for Dealing with Competitors

Posted by & filed under Negotiation Skills.

In the business world, organizations take competition for granted, to the extent that they often overlook opportunities to meet their goals by working with one another. But the benefits of negotiation in business can extend to our dealings with competitors. Recent high-profile negotiations highlight three effective negotiation strategies competitors can use to cooperate and compete. … Read More 

Negotiating About Pandas for San Diego Zoo

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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 

Teaching Negotiation: Understanding The Impact Of Role-Play Simulations

Posted by & filed under Free Report.

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 

Emotional Intelligence as a Negotiating Skill

Posted by & filed under Negotiation Skills.

The concept of emotional intelligence burst into the cultural imagination in 1995 with the publication of psychologist Daniel Goleman’s bestselling book of the same name. Experts have predicted that scoring high on this personality trait would boost one’s bargaining outcomes and have found many successful negotiation examples using emotional intelligence in their research. … Read More 

Police Negotiation Techniques from the NYPD Crisis Negotiations Team

Posted by & filed under Crisis Negotiations.

Few negotiators can imagine negotiation scenarios more stressful than the kinds of crisis negotiations the New York City Police Department’s Hostage Negotiation Team undertake. But police negotiation techniques employed by the New York City Police Department’s Hostage Negotiations Team (HNT) in high-stakes, high-pressure crisis negotiation situations, outlined in an article from Jeff Thompson and Hugh … Read More 

Rethinking Negotiation TeachingInnovations for Context and Culture

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This book is the first in a series of three volumes examining negotiation pedagogy, and features 22 innovative chapters written by international scholars who gathered at a Hamline-sponsored conference to begin the multi-year Rethinking Negotiation Teaching project. … Read More 

Papers on International Environmental Negotiation, Volume 18: The Next Generation of Environmental Agreements (2011)

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Papers on International Environmental Negotiation, Volume 18: The Next Generation of Environmental Agreements (2011)

“Introduction,” by Lawrence Susskind “Expanding the Role and Function of Science Advisory Panels: A New Way to Bridge Science and Policy in Environmental Treaty Regimes,” by Mona Funiciello “Toward an International Geoengineering Agreement: The Promises (and Pitfalls) of Negotiating a Convention on Global Climate Interventions,” … Read More 

Understanding Your Counterpart’s BATNA

Posted by & filed under BATNA.

One of the most popular questions concerning negotiation strategy and an area of negotiation research that draws heavily on negotiation examples in real life is how do negotiators identify their BATNA, or best alternative to a negotiated agreement, and even better, how do they identify their counterpart’s BATNA? Consider the saga of a company that … Read More 

Papers on International Environmental Negotiation, Volume 10: Reforming the International Environmental Treaty-Making System (2001)

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Papers on International Environmental Negotiation, Volume 10: Reforming the International Environmental Treaty-Making System (2001)

“A Declaration on Transnational Relief and a Code of Conduct in Cases of Environmental Emergency: A New Proposal,” by Naoki Maegawa

“A Proposed International Framework Convention on Bioinvasive Species,” by Wendy Jastremski

“Addressing North-South Power Asymmetry in International Environmental Negotiations,” by Robert Blair

“Capacity-Building Strategies in Support of … Read More 

Right of First Refusal for Real Estate

Posted by & filed under Negotiation Skills.

If you are interested in buying the property you’re renting, but aren’t able to do so immediately, you may benefit by negotiating a right of first refusal from the property owner. A right of first refusal for real estate can create value for buyers and sellers alike. But what is “right of first refusal” in … Read More 

Papers on International Environmental Negotiation, Volume 16: Enhancing the Effectiveness of the Treaty-Making System

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Papers on International Environmental Negotiation, Volume 16: Enhancing the Effectiveness of the Treaty-Making System (2007) This volume is available in print. Click here to order.

“Introduction,” by Lawrence E. Susskind and William R. Moomaw

“A Process and Implementation Protocol to the UNFCCC,” by Jonathan Phillips

“Building Adaptive Capacity into Transboundary Water Regimes,” by Anna Schulz

“Capacity Building and a … Read More 

Viatex

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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 

The Importance of a Relationship in Negotiation

Posted by & filed under Negotiation Training.

At the negotiation table, what’s the best way to uncover your negotiation counterpart’s hidden interests? Build a relationship in negotiation by asking questions, then listening carefully. Even if you have decided to make the first offer and are ready with a number of alternatives, you should always open by asking and listening to assess your … Read More 

5 Dealmaking Tips for Closing the Deal

Posted by & filed under Dealmaking.

When you’ve made progress on certain issues but remain stymied on others in a negotiation, it’s time to take a hard look at what’s standing between you and a mutually acceptable deal. Professor Robert Mnookin of Harvard Law School and his colleagues at Stanford University have created a catalog of common dealmaking barriers to agreement, … Read More 

Negotiating the Good Friday Agreement

Posted by & filed under Conflict Resolution, Daily.

Retired US Senator George Mitchell played a critical role in negotiating the Good Friday Agreement in Northern Ireland. In an interview with Susan Hackley, Managing Director of the Program on Negotiation at Harvard Law School, in the February 2004 Negotiation newsletter, he describes how he was able to facilitate an agreement between these long-warring parties. … Read More 

Online Negotiation Strategies: Email and Videoconferencing

Posted by & filed under Negotiation Skills.

Online negotiation has become ubiquitous, as it allows us to negotiate across the miles cheaply and quickly. Yet online negotiation creates special challenges. With email, instant messaging, and text messages, negotiators typically lack visual, verbal, and other sensory cues to interpret how their counterpart is feeling. And while videoconferencing—via Skype, Google Hangouts, and so on—adds … Read More 

Signing Bonus Negotiation 101

Posted by & filed under Business Negotiations.

After engaging in a successful salary negotiation for a coveted job, most people are ready to shake hands and start sharing the good news with friends and family. But these days, there may be one more negotiation you should consider launching before saying yes: a signing bonus negotiation. … Read More 

How to Negotiate a Business Deal

Posted by & filed under Business Negotiations.

In late 2016 and early 2017, news stories abounded of companies that were having second thoughts about planned mega-mergers. Abbott Laboratories began looking for ways to exit its acquisition of Alere, citing investigations of the medical test maker, for example. And Verizon started rethinking its acquisition of Yahoo! following a data breach at the tech … Read More 

5 Good Negotiation Techniques

Posted by & filed under Negotiation Skills.

You’ve mastered the basics of good negotiation techniques: you prepare thoroughly, take time to build rapport, make the first offer when you have a strong sense of the bargaining range, and search for wise tradeoffs across issues to create value. Now, it’s time to absorb five lesser-known but similarly effective negotiation topics and techniques that … Read More 

Rebuilding the World Trade Center Site

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Lawrence Susskind A group of legal, business, and dispute resolution professionals negotiate a six-person, facilitated role simulation regarding the reconstruction of the World Trade Center site in New York City, following the 9/11/2001 terrorist attacks … Read More 

New Conflict Management Skills: Understand How to Resolve “Hot Conflicts”

Posted by & filed under Business Negotiations.

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 

Negotiation Pedagogy Video Series, Part III

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Sheila Heen and Melissa Manwaring An unscripted video showing an experienced negotiation instructor running and debriefing the “Oil Pricing” exercise, interspersed with excerpts from a post-workshop interview with the instructor … Read More 

Managing Cultural Differences in Negotiation

Posted by & filed under International Negotiation.

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

Negotiation Pedagogy Video Series, Part I

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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 

How to Negotiate Salary: 3 Winning Strategies

Posted by & filed under Salary Negotiations.

The question of how to negotiate salary seems to preoccupy negotiators more than any other—and with good reason, considering how dramatically even a small salary increase can impact our lifetime earnings. The following three salary bargaining tips from leading negotiation experts will help you gain more from your new-job negotiations. … Read More 

Negotiation of a Commercial Lease

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The Program on Negotiation An unscripted video showing two different pairs of real estate professionals negotiating the terms of a commercial lease … Read More 

Water Use

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Evan Thomas Paul and Jessica Agatstein under the direction of Professor Lawrence Susskind This is a six-party, multi-issue negotiation game involving environmental, economic, social, and political interests in a city where the water infrastructure is inefficient and not up to the task of coping with extreme water events.

Parties: 6. Time Req’d: 1-2 hrs. Teaching Notes: Yes. … Read More 

Flooding

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Sarah Hammitt and Jessica Artiles under the direction of Professor Lawrence Susskind An eight-party, environmentally-focused role-play simulation, Flooding deals with an investment firm that is in the final stages of a multi-year planning process for a large, riverside mixed-use development. FEMA recently updated Evantown’s Flood Insurance Rate Map and the development falls within the 100-year floodplain. … Read More 

Communicate Your Interests Behind the Deal

Posted by & filed under Mediation.

As integrative negotiations students know well, focusing on interests in negotiation has proven to be the most reliable way to create value and resolve conflicts. Experience indicates that communicating with your lawyers the motivations behind a deal or negotiated agreement is well worth the time. … Read More 

Lawyers & Clients

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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 

The Effects of Power in Negotiation

Posted by & filed under Negotiation Skills.

You might think that you’re entering a negotiation as the more powerful party, but those with considerable power often fail to take advantage of their privileged bargaining position. Meanwhile, negotiators who lack power routinely miss out on opportunities to gain leverage. To make the most of the power you have, it’s important to understand the … Read More 

HackerStar Negotiation, The

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Morgan Guaranty Trust Company Realistic video depicting the use of principled negotiation to prepare for and negotiate a bitter business dispute, featuring Getting to YES co-author Roger Fisher … Read More 

What is Negotiation?

Posted by & filed under Negotiation Skills.

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 

Great Negotiator 2004: Ambassador Richard Holbrooke

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Edited by James K. Sebenius and Ellen Knebel Video featuring Ambassador Richard Holbrooke discussing his role brokering the Dayton agreement that ended the 1992-95 war in Bosnia as well as his role in resolving the multinational dispute over U.S. dues owed in arrears to the United Nations … Read More 

Great Negotiator 2003: Stuart Eizenstat

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Edited by James K. Sebenius Video featuring excerpts from a discussion with Stuart Eizenstat regarding his efforts negotiating reparations for victims of Nazi Germany … Read More 

Great Negotiator 2002: Lakhdar Brahimi

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James Sebenius and Kristen Schneeman Video featuring excerpts from a discussion with Ambassador Lakhdar Brahimi regarding his international negotiation experiences, including negotiating a new government for Afghanistan in 2002 … Read More 

Negotiation Skills: Which Negotiating Style Is Best?

Posted by & filed under Negotiation Skills.

Is one negotiating style “better” than another? Most research suggests that negotiators with a primarily cooperative style are more successful than hard bargainers at reaching novel solutions that improve everyone’s outcomes. Negotiators who lean toward cooperation also tend to be more satisfied with the process and their results, according to Weingart. At the same time, … Read More 

Strategic NegotiationsA Theory of Change in Labor-Management Relations

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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 

Negotiation and Bargaining with Your BATNA in Mind

Posted by & filed under BATNA.

Experienced negotiators understand they should reject any deal that is inferior to their best alternative to a negotiated agreement, or BATNA. What is a BATNA in negotiation? Your BATNA is the best possible outcome you could get if you walked away from your current negotiation and bargaining situation. When negotiating at an auto dealership, for … Read More 

Renegotiating Health Care Resolving Conflict to Build Collaboration

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The working assumptions that guided health care for years are being renegotiated. Clinical practice, organizational policy, and professional relationships are shifting. How do we negotiate to manage these changes? Renegotiating Health Care offers a valuable bridge between the growing field of negotiation and conflict resolution and the many changes facing health care. Four health care leaders-representing … Read More 

The Benefits of Coalitions at the Bargaining Table

Posted by & filed under Negotiation Skills.

Labor unions may be the most obvious example of a negotiating coalitions. When a company negotiates with an employee individually, it could threaten to hire someone else in the face of the employee’s demands. By contrast, when employees bargain collectively through a union, they avoid the need to compete against one another (at least on … Read More 

Deal with Last-Minute Demands

Posted by & filed under Business Negotiations, Daily.

Adapted from “When They Slice the Deal Too Thin,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter. Suppose that, after months of negotiation, you reach a detailed agreement with a customer and shake hands. A week later, the customer’s procurement officer calls to tell you that there have to be some … Read More 

Negotiation Strategies for Mutual Gain

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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 

Negotiating Rationally

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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 

3 Team-Building Techniques for Successful Negotiations

Posted by & filed under Business Negotiations.

Newly formed teams are often encouraged or even required to engage in team-building techniques and exercises, which might range from volunteering at a nonprofit together to sharing little-known secrets about each other to building a tower out of marshmallows and spaghetti. Although such activities can be effective at building bonds and trust, they don’t do … Read More 

In Business Negotiations, Dress the Part

Posted by & filed under Business Negotiations.

Negotiators involved in high-stakes mergers and acquisitions typically come to the table armored in meticulously tailored apparel and designer shoes. But as Dana Mattioli reports in a recent Wall Street Journal negotiation topics in business article, those who are trying to woo business from an apparel company often end up dressing down at the bargaining … Read More 

Manager as Negotiator (The)Bargaining for Cooperation and Competitive Gain

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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 

Implement Negotiation Training in Your Organization

Posted by & filed under Negotiation Training.

Organizations across the globe spend many millions of dollars each year on negotiation training for their employees. This training can be in-house, led by consultants and other experts, or employees can travel to training programs at universities and elsewhere. After engaging in a couple of days of training, employees return to the office and attempt … Read More 

Mediation: Negotiating a More Satisfactory Divorce

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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 

Getting Together Building Relationships as We Negotiate

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Expanding on the principles, insights, and wisdom that made Getting to Yes a worldwide bestseller, Roger Fisher and Scott Brown offer a straightforward approach to creating relationships that can deal with difficulties as they arise. Getting Together takes you step-by-step through initiating, negotiating, and sustaining enduring relationships-in business, in government, between friends, and in the … Read More 

When a Job Offer is “Nonnegotiable”

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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 

Getting to YES

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Roger Fisher, William Ury, and Bruce Patton A straightforward, universally applicable method for negotiating personal and professional disputes without getting taken-and without getting angry. … Read More 

The Hidden Hazards of BATNA Development

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The following question was posed to Program on Negotiation faculty member and associate professor of business administration at Harvard Business School in the Negotiations, Organizations & Markets Unit, Francesca Gino and involves a negotiation example from real life from the world of business negotiations. … Read More 

Getting Ready to Negotiate The Getting to YES Workbook

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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 

Difficult Conversations

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Douglas Stone, Bruce Patton, and Sheila Heen This 10th-anniversary edition bestseller provides a step-by-step approach to having those tough conversations with less stress and more success. Updated to include a fascinating chapter: “Answers to Ten Questions People Ask”. … Read More 

What is BATNA?

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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. … Read More 

Built to Win Creating a World-Class Negotiating Organization

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Hal Movius and Lawrence Susskind A prescriptive, tools-driven model for aligning organizational structures, processes and culture with negotiation goals, in order to transform organizational negotiation capabilities into a competitive advantage … Read More 

When Michael Bloomberg and NYC Teachers Both Lost

Posted by & filed under Mediation.

It’s hard to imagine a negotiation example in which negotiating counterparts would choose to sacrifice hundreds of millions of dollars rather than reach agreement. But back in 2013, this is the choice that New York City and its teachers union, the United Federation of Teachers (UFT), made when they declared impasse on a new teacher evaluation … Read More 

Williams v. Northville

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person, non-scorable mediation between a school principal and a parent (with attorneys) regarding a values-based dispute over classroom discussions and materials addressing same-sex couples and their families … Read More 

Trask Divorce

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Two-party, multi-issue negotiation between lawyers representing a divorcing couple regarding alimony and financial support for a special-needs child; involves ethical issues … Read More 

Trademore Personnel

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Lawrence Susskind and Bruce Patton Three-person, integrative, facilitated negotiation with two department heads and a Human Resources observer/facilitator regarding the possible transfer of an employee from one department to the other … Read More 

Tendley Contract

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Two-party integrative contract negotiation between a computer consultant and a school district representative at an apparent impasse over different expectations over cost of services … Read More 

Deal-Making Negotiation Strategies: Short on Cash? Try Bartering

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In an economic downturn, negotiation opportunities sometimes dry up because parties think they have nothing left to give. During times like these, bartering flourishes. This article will help you decide how and when to include bartering as a component of your negotiations. Here are four guidelines to help you bargain successfully at the negotiation table. … Read More 

Super Slipster

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Matt Smith under the supervision of Robert C. Bordone, with revisions by Michael Moffitt Two-party personal injury settlement negotiation between the attorney for the injured plaintiff and general counsel for the defendant toy manufacturing company … Read More 

In Preparation for Negotiation, Choose the Right Process

Posted by & filed under Negotiation Skills.

In preparation for negotiation, sellers face a choice between negotiating one on one with buyers, holding an auction, or combining elements of both processes. Consider the different paths that Amazon and Apple followed in 2017 when each began scouting locations for a new campus: 

Dangling the prospect of a $5 billion campus and about 50,000 jobs, … Read More 

Student Paper

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Bruce Patton Simple two-party awareness-building negotiation between a student and a professor regarding an assignment submitted after the deadline … Read More 

St. Francis Hospital and the Managed Medical Model

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Patricia Moore and Lawrence Susskind Five-party, four-issue negotiation among representatives for a financially struggling hospital’s administrators, doctors, and nurses over budget priorities and expanded application of the managed medical model … Read More 

Social Services

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Denise Madigan Three-party scoreable negotiation among three non-profit social service providers over whether to apply for funding in a consortium of two or three; variation of Three-Party Coalition Exercise … Read More 

River Bend

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Kelly Davenport with Patrick Field and Lawrence Susskind Two-team, four-issue negotiation between three members of a Native Canadian band and three representatives of Calgary Central Gas over a planned pipeline through the band’s reservation; includes internal team negotiations as well as external negotiation … Read More 

Radwaste II

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Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle Six-party, multi-issue negotiation among state and local government, enviromental, and industry representatives to select one of three sites for low-level radioactive waste disposal … Read More 

How to Overcome Cultural Barriers in Negotiation

Posted by & filed under International Negotiation.

Imagine that you’re the American representative of a U.S. food company, and you’re hoping to procure a new ingredient for several of your products from a German company. A representative from the company is flying in to meet with you. Do you expect your German counterpart to behave differently than the Americans you typically deal … Read More 

Radwaste I

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Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle Seven-party, multi-issue, scoreable negotiation among regulatory, environmental, tribal, local government, and industry representatives to choose criteria for selecting a low-level radioactive waste disposal site … Read More 

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 More 

Neighborhood Care, Inc.

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Lawrence Susskind and Bruce Patton Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged … Read More 

5 Common Negotiation Mistakes and How You Can Avoid Them

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

Diplomacy and Negotiation Skills Fall Short In U.S.-China Trade Talks

Posted by & filed under International Negotiation.

Among the many diplomacy and negotiation skills required in international negotiation, business negotiators need to be able to size each other up accurately, taking into account cultural, organizational, and other differences. To capitalize on the benefits of diplomacy, they also need to be able to present a united front. Those diplomacy and negotiation skills came … Read More 

Negotiated Rulemaking for Electric Utilities

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Jonathan Raab and Lavinia Hall Five-person facilitated negotiation among environmental, industry, public utility, and government representatives to revise a proposed rule incorporating environmental costs into electric utility rates … Read More 

5 Conflict Resolution Strategies

Posted by & filed under Conflict Resolution.

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. … Read More 

Meridia and Petrocentram

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Abram Chayes and Antonia Handler Chayes Two-party, four-issue negotiation between representatives of a Central American country and an international petroleum corporation over the terms of an offshore drilling project … Read More 

How to Overcome Barriers and Save Your Negotiated Agreement at the Bargaining Table

Posted by & filed under Negotiation Skills.

Back in November 2012, Hostess Brands announced that it had failed to reach a negotiated agreement with its second-biggest union and, as a result, was permanently shutting down its operations. The news was met with dismay by baby boomers and others who had grown up with the 80-year-old company’s shelf-stable confections. But consumers had been passing … Read More 

Long River

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Catherine Ashcraft and Larry Susskind A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action plan … Read More 

Teach Your Students Value Distribution with a Simulation on Solar Power

Posted by & filed under Teaching Negotiation.

Do your students really understand the difference between value distribution and integrative negotiation, and have you given them a chance to practice their distributive bargaining skills? Do they understand that every negotiation includes elements of both value creation and value distribution? To help teach these key negotiation skills the Teaching Negotiation Resource Center (TNRC) has developed a … Read More 

Law Library, The

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John Palenberg, Elizabeth Gray, Deborah Winter, and Wayne Davis Two-party negotiation between representatives of two law firms over the sale of a collection of law books … Read More 

Lattitude.com

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Melissa Manwaring Two-party distributive e-mail negotiation regarding the potential sale of a domain name … Read More 

Humboldt

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Lawrence Susskind Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant … Read More 

Heat Islands

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Tyler Corson-Rickert and Mónica Oliver under the direction of Professor Lawrence Susskind This is a seven-party, integrative negotiation between stakeholders in a city over how to implement housing retrofits to enhance resilience to extreme heat in the aftermath of deadly heat waves attributed to climate change. … Read More 

Top Ten Posts About Conflict Resolution

Posted by & filed under Conflict Resolution.

Conflict resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Conflict resolution sometimes requires both a power-based and an interest-based approach, such as the simultaneous pursuit of litigation (the use of legal power) and negotiation (attempts to reconcile each party’s … Read More 

Guatemala Role Play, The

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Michael Maturo, Kate Mahoney, Francisco Ingouville and Anthony Wanis St. John, under the direction of David Fairman Six-person mediated negotiation among representatives of the Guatemalan government, military, rebel groups, indigenous people, and U.S. government to address post-armed-conflict human rights, land claims, and cultural and political rights issues … Read More 

Fresh Air

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Candace Modlin and Robert C. Bordone Two-party or two-team, multi-issue, integrative/distributive negotiation between representatives of a new low-cost airline and a potential headquarters city over an incentives package and airport facilities … Read More 

Fie’s Agent

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Jeremy Bird under the supervision of Melissa Manwaring Two-party integrative e-mail negotiation between a soccer star and her long-term representative over the terms of a potential new agency contract … Read More 

Farrakhan Negotiation, The

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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 … Read More 

Ellsworth v. Ellsworth

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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 … Read More 

How to Balance Your Own Values in Negotiation

Posted by & filed under Business Negotiations.

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

Eazy’s Garage

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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 … Read More 

East Falls Brownfields

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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 … Read More 

Conflict and Negotiation Case Study: Long-Term Business Partnerships and Negotiated Agreements

Posted by & filed under Conflict Resolution.

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 

DirtyStuff I

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Lawrence Susskind Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product … Read More 

Deke Slims’ Silver Dollars

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Ron Karp and Bruce Patton Three-person distributive exercise consisting of two separate two-party negotiations between the representative of an estate and two separate coin dealers over the price of a silver coin collection large enough to affect the silver market … Read More 

Win Win Negotiation: Different Cultures, Shared Meals

Posted by & filed under Win-Win Negotiations.

From movie moguls hammering out film deals in Los Angeles to publishers and agents assessing each other’s tastes in New York, the “power lunch” has become a familiar institution. Across the globe, negotiators often do business over shared meals, whether out of convenience or as part of a concerted effort to get to know one … Read More 

Contract Negotiations in the Building Trades

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Lawrence Susskind Nine-party, multi-issue contract negotiation among three coalitions involved in the building trades; includes internal coalition meetings before the external negotiations … Read More 

Construction in Bunyonville

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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 … Read More 

Chestnut Drive

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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 … Read More 

Chemco, Inc.

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Wendy Pabich and Lawrence Susskind Six-person, five-issue negotiation between three industrial factory representatives and three environmental agency representatives over environmental and economic concerns in the wake of damaging negative publicity for both parties … Read More 

Changing Times for the Senior Center in Redwood Hills

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Connie Ozawa Multi-party, multi-issue facilitated negotiation for five or six players representing civic and business leaders and owner of a senior center regarding the expansion of other groups’ use of the center … Read More 

Fundamental Aspects of Negotiation: Setting the Table

Posted by & filed under Negotiation Skills.

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

Case of the Puerile Printer

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Albie Davis and Ericka Gray Six-party mediation with employees, employer, and legal counsel over the contested result of a sexual harassment grievance procedure … Read More 

Bunyon Brothers

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Mark Gordon, Elizabeth Gray, and Bruce Patton Three-party, multi-issue internal corporate negotiation in preparation for external negotiation with community representatives … Read More 

Conflict Management and Negotiating When Pride is at Stake

Posted by & filed under Conflict Resolution.

The fallout from Iceland’s financial crisis offers a case study in dealing with those who have suffered a significant blow to their self-esteem. In late 2008, Iceland teetered on the edge of bankruptcy following the collapse of its three largest banks. Since becoming independent of the government in 2002, the banks had pursued a strategy … Read More 

Bradford Development

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Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues … Read More 

Brachton Collective Bargaining Exercise

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Two-team, multi-issue employment contract negotiation between three teachers’ union representatives and three school committee representatives; includes internal team meetings before external negotiations … Read More 

The Impact of Anxiety and Emotions on Negotiations: How to Avoid Misjudgment in Negotiation Scenarios

Posted by & filed under Negotiation Skills.

Intense negotiation scenarios, we often choose to consult an expert for advice, preferably someone who has carried out hundreds of similar deals with great success. When we consult with others on our negotiations, we must weigh their advice against our own opinions and research. Past negotiation research finds that we tend to undervalue advice from … Read More 

Bog Berries, Inc. v. the Federal Environmental Agency

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Catherine Preston and Lawrence Susskind Five-issue negotiation between three factory representatives and three Federal Environmental Agency representatives over the factory’s new operational agreement, in the context of harsh public criticism of both parties … Read More 

Powerful Conflict Resolution Games to Help You Teach Negotiation

Posted by & filed under Teaching 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 

Big Pipeline in Swagwit

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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 … Read More 

Contract Negotiations and Business Communication: How to Write an Iron-Clad Contract

Posted by & filed under Business Negotiations.

In contract negotiations, writing a contract that both encapsulates the negotiated agreement but also incorporates future elements such as the business relationship and the sustainability of the agreement can be a daunting task for even the most experienced negotiators. Executives often leave the legal issues surrounding their deals to their attorneys. While this division of … Read More 

Bankruptcy Multiparty Negotiation Simulation

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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. … Read More 

Setting Standards in Negotiations

Posted by & filed under Salary Negotiations.

As the starting point from which all commercial transactions occur, from purchasing equipment to setting salaries, negotiatiosn in business is an essential skill no matter what field a negotiator finds herself. Using an objective standard can strengthen your proposal and eliminate emotional bias. … Read More 

Arms Control on Cobia

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P. Terrance Hopmann Multi-issue arms control negotiation among representatives of eight fictional countries … Read More 

Armenia/Azerbaijan/Nagorno Karabakh

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Taline Aharonian and Agieszka Klich Complex 13-party, two-team facilitated negotiation between private citizens from both sides of an actual long-term ethnic conflict … Read More 

Allies in Alexia

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The Consensus Building Institute Seven-party nonscorable negotiation among nonprofit, business, and community representatives regarding the most appropriate methods for fund raising and distributions … Read More 

Rushing River Cleanup

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Bruce Patton Three-party, scoreable, single-issue negotiation among three manufacturers over two- or three-party coalitions for complying with waste cleanup regulations; variation of Three-Party Coalition Exercise … Read More 

3 Types of Conflict and How to Address Them

Posted by & filed under Conflict Resolution.

In the workplace, it sometimes seems as if conflict is always with us. Miss a deadline, and you are likely to face conflict with your boss. Lash out at a colleague who you feel continually undermines you, and you’ll end up in conflict. And if you disagree with a fellow manager about whether to represent … Read More 

Managing Growth in Rockville

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Armand Ciccarelli and Lawrence Susskind Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning … Read More 

How to Negotiate in Cross-Cultural Situations

Posted by & filed under Leadership Skills.

Figuring out how to negotiate in cross-cultural situations can seem like a daunting endeavor, and for good reason. Negotiating across the cultural divide adds an entire dimension to any negotiation, introducing language barriers, differences in body language and dress, and alternative ways of expressing pleasure or displeasure with the elements of a deal. As a … Read More 

Jefferson Hazardous Waste Negotiation

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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 … Read More 

Eazy’s Garage

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Bruce Patton Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill … Read More 

DirtyStuff II

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Jeffrey Litwak and Lawrence Susskind Six-person, multi-issue facilitated negotiation among industry, environmental, consumer/community, labor, and government representatives to develop single-text regulation of toxic industrial by-product … Read More 

International Negotiation Strategies

Posted by & filed under International Negotiation.

Negotiation researchers have reached many fascinating discoveries about how people negotiate, such as uncovering flaws in our decision making and identifying useful persuasion techniques. But a great deal of this research has been conducted in Western cultures, and particularly the United States, leaving open the question of whether the results—and the advice they inspire—apply across … Read More 

Axis Affair

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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 … Read More 

The Importance of Negotiation in Business and Your Career

Posted by & filed under Business Negotiations.

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 

Bamara Border Dispute

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Michael D. Landry Two-team, multi-issue negotiation between representatives of two fictional countries regarding a disputed border and a military stand-off … Read More 

Why Negotiations Fail

Posted by & filed under Negotiation Skills.

When we think of failed business negotiations, most of us picture negotiators walking away from the table in disappointment. But that’s only one type of disappointing negotiation. Failed business negotiations also include those that parties come to regret over time and those that fall apart during implementation. The following three types of negotiation failures are … Read More 

Six Guidelines for “Getting to Yes”

Posted by & filed under Negotiation Skills.

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 

Putting Your Negotiated Agreement Into Action

Posted by & filed under Negotiation Skills.

Normally negotiators focus on the deal-at-hand as well as those present at the negotiation table, neglecting other aspects of the negotiated agreement that would not only impact others outside of the room but also require their cooperation for the agreement’s success and viability. … Read More 

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

Posted by & filed under Business Negotiations.

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

How to Resolve Cultural Conflict: Overcoming Cultural Barriers at the Negotiation Table

Posted by & filed under Conflict Resolution.

After recently losing an important deal in India, a business negotiator learned that her counterpart felt as if she had been rushing through the talks. The business negotiator thought she was being efficient with their time. In this useful cross-cultural conflict negotiation example, how should this negotiator improve her negotiation skills? … Read More 

Diplomatic Negotiations: The Surprising Benefits of Conflict and Teamwork at the Negotiation Table

Posted by & filed under International Negotiation.

As the US presidential primary season heats up for both parties, it helps to take a look back at the 2008 US presidential election and the win-win coalition forged between Barack Obama and his then-rival, Hillary Clinton. As this example demonstrates, if carefully managed, disagreements can lead to better results than you might expect. … Read More 

Effective Negotiation Behavior: Are You Consistent?

Posted by & filed under Negotiation Skills.

We might hope that when we adopt effective negotiation strategies—such as spending lots of time preparing and asking questions at the table—we would achieve consistently strong results in our negotiations. Yet as most of us have experienced, our outcomes and personal satisfaction can vary a great deal from one negotiation to the next. Why? Likely … Read More 

5 Win-Win Negotiation Strategies

Posted by & filed under Win-Win Negotiations.

Business negotiators understand the importance of reaching a win-win negotiation: when both sides are satisfied with their agreement, the odds of a long-lasting and successful business partnership are much higher. But concrete strategies for generating a win-win contract often seem elusive. The following five, from experts at the Program on Negotiation at Harvard Law School, … Read More 

Union Strikes and Dispute Resolution Strategies

Posted by & filed under Dispute Resolution.

When a conflict looms, it can be tempting for each side to try to make unilateral decisions on key issues because of the belief that negotiations with the other side will be a dead end. This dispute resolution strategy may pay off in the short term, but it’s important to factor in the long-term costs … Read More 

Must-Read Negotiation Books for 2019

Posted by & filed under Negotiation Training.

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

10 Popular Business Negotiation Articles

Posted by & filed under Business Negotiations.

Here are ten popular business negotiation articles on the Program on Negotiation website. Drawn from a variety of negotiation case studies as well as negotiation research, the following articles offer strategies for engaging in integrative negotiations aimed at creating win-win scenarios for each party at the negotiation table. 1. What is the Right of First Refusal? Rights … Read More 

For Professional Negotiators, Three Is a Magic Number

Posted by & filed under Negotiation Skills.

Everything good comes in threes, they say. For storytellers, this means understanding that readers and listeners find a sequence of three things to be memorable, satisfying, and compelling—whether it’s three bears, three little pigs, or three kings. For professional negotiators, sequences of three can be rewarding as well. The following examples of good negotiation skills … Read More 

What Is an Umbrella Agreement?

Posted by & filed under Dispute Resolution.

Business negotiators tend to want the best of both worlds. When reaching an agreement, they want to pin down parties’ respective rights and responsibilities, but they also want to retain the flexibility they need to deal with ever-changing business conditions. One solution to this apparent dilemma is to craft an umbrella agreement. … Read More 

Intercultural Negotiation: Does the BATNA Concept Translate?

Posted by & filed under International Negotiation.

When should you walk away in negotiation? That’s a common question that negotiation experts pose of professional negotiators. We are typically advised to walk away from the bargaining table when we haven’t been able to get a better deal than we can get elsewhere. But in intercultural negotiation, particularly in international negotiation in certain countries … Read More 

What is the Multi-Door Courthouse Concept

Posted by & filed under International Negotiation.

As a collaboration between UST School of Law and the Program on Negotiation at Harvard Law School, the following is the transcript of a conversation between the creator of the multi-door courthouse, Harvard Law Professor Frank E.A. Sander, and the executive director and founder of the University of St. Thomas (UST) International ADR [Alternative Dispute … Read More 

Teaching Real Estate Negotiation: How to Identify and Create Value

Posted by & filed under Uncategorized.

How do you teach your students to identify and create value in real estate negotiations?  Real estate negotiation can be difficult for both the buyer and the seller. Teaching real estate negotiation can involve value creation, distributive bargaining, as well as issue linkages. It is important for both buyers, sellers, and agents to identify ways to … Read More 

Tough Topics in Negotiation: Negotiating a Non-Compete Agreement with Employers

Posted by & filed under Conflict Resolution.

In integrative negotiation, each side seeks to create and claim value with an eye towards the future of the negotiating relationship. One way of securing this relationship is a noncompete agreement: Employers sometimes ask potential employees to agree not to work for their competitors in the future but don’t assume such requests are nonnegotiable. … Read More 

Win Win Negotiation: Managing Your Counterpart’s Satisfaction

Posted by & filed under Win-Win Negotiations.

As the following points of win-win negotiation will demonstrate, ensuring that your counterpart is satisfied with a particular deal requires you to manage several aspects of the negotiation process, including his outcome expectations, his perceptions of your outcome, the comparisons he makes with others, and his overall negotiation experience itself. … Read More 

The Negotiation Process in China

Posted by & filed under International Negotiation.

With its booming economy and growing international consumer influence, the role of negotiation in international business is more important than ever and negotiation skills appropriate for China are in high-demand. Here are a few negotiation tips to help you successfully navigate your next round of business negotiations in China. … Read More 

Power Asymmetry and the Principal Agent Problem

Posted by & filed under Uncategorized.

Downloadable Video Simulation from the Teaching Negotiation Resource Center This video simulation on power asymmetry and principal agent dynamics by Professor Lawrence Susskind and Robert Wilkinson was designed to give students insights into the challenges surrounding difficult conversations, both with people across the table, as well as with people on their own side. The Power Asymmetry and … Read More 

Negotiation Role-Plays for Building Critical Skills

Posted by & filed under Uncategorized.

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 

What Is Distributive Negotiation?

Posted by & filed under Negotiation Skills.

What is distributive negotiation? Distributive negotiation involves haggling over a fixed amount of value—that is, slicing up the pie. In a distributive negotiation, there is likely only one issue at stake, typically price. When you are negotiating with a merchant in a foreign bazaar, or over a used car closer to home, you are generally … Read More 

Negotiation Skills: Building Trust in Negotiations

Posted by & filed under Negotiation Skills.

Trust in negotiations may develop naturally over time, but negotiators rarely have the luxury of letting nature take its course. Thus it sometimes seems easiest to play it safe with cautious deals involving few tradeoffs, few concessions, and little information sharing between parties. But avoiding risk can mean missing out on significant opportunities. For this reason, … Read More 

Teach Your Students Cross-Cultural Negotiation

Posted by & filed under Teaching Negotiation.

As our world grows increasingly interconnected, we are more likely to find ourselves negotiating in a cross-cultural context. The diverse makeup of many societies and global nature of business today make cross-cultural negotiation a regular part of life. Also, unfortunately, many major disputes in need of resolution cross ethnic and cultural lines. Furthermore, it is important … Read More 

A Negotiation Preparation Checklist

Posted by & filed under Negotiation Skills.

Without a doubt, the biggest mistake that negotiators make—and one that many make routinely—is failing to thoroughly prepare. When you haven’t done the necessary analysis and research, you are highly likely to leave value on the table and even to be taken advantage of by your counterpart. A negotiation preparation checklist can help you avoid … Read More 

6 Bargaining Tips and BATNA Essentials

Posted by & filed under BATNA.

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

Top International Negotiation Case Studies in Business: The Microsoft-Nokia Deal

Posted by & filed under International Negotiation.

International negotiation brings on more challenges than most. On September 3, 2013, Microsoft announced a deal to acquire Finnish mobile phone company Nokia’s handset and services business for $7.2 billion, the New York Times reported. The agreement marked a belated but bold move by Microsoft to upgrade its presence in handheld devices and signals an … Read More 

4 Sales Negotiation Traps—and How to Overcome Them

Posted by & filed under Business Negotiations.

Whether you’re planning to put your home up for sale, trying to unload excess merchandise, or searching for new clients, there’s a good chance you’ll make your next sales negotiation more challenging than it needs to be by falling into common cognitive traps. You can improve your sales negotiation skills by learning about four traps … Read More 

Creating Value in Negotiations through Word Choice

Posted by & filed under Negotiation Skills.

When the delegates from the Group of 20—the world’s 20 largest economies, or G20—met in Buenos Aires, Argentina, in December 2018 to negotiate reforms to the global trading system, the words they didn’t use turned out to be just as important as the ones they did when it came to creating value in negotiations. … Read More 

Best-In-Class Negotiation Case Studies

Posted by & filed under Uncategorized.

What’s one of the best ways to teach the art and science of negotiation? Case studies and articles that spark lively discussion or facilitate self-reflection. Based on real-world examples, these teaching resources are designed to help students envision how to apply what they’ve learned in the classroom and beyond. The Teaching Negotiation Resource Center (TNRC) at … Read More 

Redevelopment Negotiation: The Challenges of Rebuilding the World Trade Center

Posted by & filed under Teaching Negotiation.

In the wake of the horrific terror attacks on the World Trade Center in New York City on September 11, 2001, there were difficult questions and challenges facing those who were involved in the redevelopment negotiation. The Teaching Negotiation Resource Center (TNRC) offers a unique case package designed to teach these complex challenges in this … Read More 

Labor Relations: Negotiating Collective Bargaining Agreements

Posted by & filed under Teaching Negotiation.

Contract bargaining in labor relations is one of the most complex areas of negotiation and dispute resolution. There are rarely clear cut or mutually agreed upon notions of what a fair salary and benefits package would be, so employers and workers, either individually or collectively, often find themselves at odds. Furthermore, contract bargaining in a … Read More 

Writing the Negotiated Agreement

Posted by & filed under Dealmaking.

Some negotiations end with a negotiated agreement that is a plan of action rather than a signed contract – for example, a plumber agrees to fix the tile damage caused by his work. Other negotiations wouldn’t be appropriate to commemorate in writing, such as how you and your spouse decide to discipline your young … Read More 

How to Find the ZOPA in Business Negotiations

Posted by & filed under Business Negotiations.

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

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 More 

Four Ways to Manage Conflict in the Workplace

Posted by & filed under Business Negotiations.

Samantha was livid. While making a presentation during a meeting that both attended, Brad, a newcomer in her department, had shared some slides during a presentation that were clearly based on ideas for a project she’d shared with him privately—without giving her credit. Samantha angrily confronted Brad in his office after the meeting; he became … Read More 

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 

Learn from the Best with the Great Negotiator

Posted by & filed under Teaching Negotiation.

No one can provide perspective on conflict resolution like experts who have been involved in some of the world’s most complex negotiations. Since 2001, the Program on Negotiation (PON) has bestowed the Great Negotiator Award upon distinguished leaders whose lifelong accomplishments in the fields of negotiation and dispute resolution have had compelling and lasting results. The Great … 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 

Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy

Posted by & filed under Dealmaking.

Executives rarely view themselves as diplomats engaged in international diplomacy but business negotiators often find the two fields share negotiation skills and negotiation techniques. Rightly or wrongly, diplomacy evokes images of frivolity – days spent wandering exotic capitals, nights spent cruising embassy cocktail parties. … Read More 

Role Play Simulations to Help You Become a Better Mediator

Posted by & filed under Uncategorized.

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 

Developing Negotiation Skills for Integrative Negotiations – Does Personality Matter?

Posted by & filed under Negotiation Skills.

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 

Star Wars Stories: George Lucas and a Strong BATNA, Passed Over

Posted by & filed under BATNA.

In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. When you are aware that you have an appealing alternative deal to the one you’re working on, you will be less tempted to accept an agreement that doesn’t meet your minimum requirements. A strong BATNA gives you … Read More 

Negotiation Case Studies: Teach By Example

Posted by & filed under Uncategorized.

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 

International Negotiations and Agenda Setting: Controlling the Flow of the Negotiation Process

Posted by & filed under International Negotiation.

When two groups are embroiled in a conflict, it is common for the party with less power to have difficulty convincing the more powerful party to sit down at the negotiating table in international negotiations. Think of a labor union that wants to convince company management to agree to pay increases. In such cases, the … Read More 

The Importance of Communication in Negotiations: Preparing Your Negotiating Team

Posted by & filed under Negotiation Skills.

When a team is preparing for a critical negotiation, members need to appoint a leader, allocate roles and responsibilities, and discuss their at-the-table strategy. Another key objective that teams sometimes fail to discuss is the importance of staying “on message” – that is, making sure that statements by individual members don’t contradict the group’s agreed-upon … Read More 

BATNA and Risky Negotiation Tactics

Posted by & filed under BATNA.

Your BATNA is your “best alternative to a negotiated agreement.” Expect that your negotiating counterpart has one going into a negotiation, and so should you. Below is a good BATNA negotiation example involving how to leverage your away-from-the-bargaining-table options and the risks inherent with such a negotiation strategy. … Read More 

Hostage Negotiation Techniques for Business Negotiators

Posted by & filed under Crisis Negotiations.

What do FBI hostage negotiation techniques and business dealmaking have in common? Not a lot, we might assume. In workplace talks, lives are rarely at stake, and tensions seldom escalate into violence. Yet dig a bit deeper, and similarities emerge: just as in a crisis negotiation, business talks can be highly charged, unpredictable, and emotional. In … Read More 

Negotiation Team Strategy

Posted by & filed under Negotiation Skills.

Some negotiations are simple enough to handle on our own, but those deals are increasingly rare in the business world. These days, to thrive in negotiation, you often need to be able to work effectively as part of a negotiation team. … Read More 

Teaching with Video-Based Negotiation Scenarios

Posted by & filed under Uncategorized.

Access to multimedia content has rapidly increased throughout the world, with videos and short clips permeating our daily life. We are consuming, producing, and interacting with videos more now than ever before. In light of increasing video fluency and interest in using videos in education, the Program on Negotiation’s Teaching Negotiation Resource Center is creating … Read More 

Negotiation Skills and Bargaining Techniques from Female Executives

Posted by & filed under Leadership Skills.

Dozens of female CEOs and other high-level women negotiators have told us about their experiences negotiating in traditionally masculine contexts where standards and expectations were ambiguous. Their experiences varied according to the gender triggers that were present in the negotiations and they adapted their negotiation skills to accommodate these shifts. … Read More 

Salary Negotiation: How to Ask for a Higher Salary

Posted by & filed under Salary Negotiations.

For a new employee, salary negotiation skills can be the most important and the most intimidating, but the most important, of difficult conversations to have at the beginning of your career. A new employee, successfully negotiating a salary offer up by $5,000 could make a huge difference over the course of her career. … Read More 

Alternative Dispute Resolution (ADR) Training: Mediation Curriculum

Posted by & filed under Mediation.

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 

A Crisis Negotiations Case Study: Chen Guangcheng, the United States, China, and Diplomatic Negotiations

Posted by & filed under International Negotiation.

US Secretary of State Hillary Clinton’s indirect approach to diplomatic negotiations with the People’s Republic of China over political dissdent Chen Guangcheng demonstrates the power of adaptability at the bargaining table, especially when dealing with a counterpart from a different culture or who may speak a different language. … Read More 

Distributive Bargaining Strategies

Posted by & filed under Negotiation Skills.

Wise negotiators recognize the value of both collaborating and competing at the bargaining table. They look for ways to increase the pie of value for all parties, often by identifying differences across issues and making tradeoffs. And they also rely on distributive bargaining strategies to try to claim as much of that larger pie for … Read More 

Contingency Contracts in Business Negotiations

Posted by & filed under Business Negotiations.

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

Cultural Barriers and Conflict Negotiation Strategies: Apple’s Apology in China

Posted by & filed under Dispute Resolution.

When dealing with a difficult counterpart, it helps to take a conciliatory approach to the bargaining table. While apologies necessarily involve moments of vulnerability, they can also open doors to value creation and strengthen the relationship you have with your bargaining counterpart. Let’s look back at Apple’s apology in China for its maligned warranty policies … Read More 

Managing Cultural Differences in Negotiation

Posted by & filed under International Negotiation.

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

Win-Lose Negotiation Examples

Posted by & filed under Win-Win Negotiations.

When we think of win-lose negotiation examples, we think of competitions in which it seemed that one party had to succeed and the other had to fail. In fact, in the majority of win-lose negotiation examples, a win-win negotiation was possible, but parties overlooked opportunities to create value. As a consequence, they reached subpar results. … Read More 

BATNA Examples—and What You Can Learn from Them

Posted by & filed under BATNA.

What is a BATNA in negotiation? In their bestseller Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton (Penguin, 1991) described BATNA, or best alternative to a negotiated agreement, as the path you’ll follow if you don’t reach agreement in your current negotiation. Awareness of your BATNA will keep you … Read More 

What is a Win-Win Negotiation?

Posted by & filed under Win-Win Negotiations.

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 

Mediation and the Conflict Resolution Process

Posted by & filed under Conflict Resolution.

It’s often the case that when two people or organizations try to resolve a dispute by determining who is right, they get stuck. That’s why so many disputes end up in court. There is a better way to resolve your dispute: by hiring an expert mediator who focuses not on rights but on interests—the needs, … Read More