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.


negotiation process

What is the Negotiation Process?

As you prepare to negotiate, make sure you choose the right negotiation process for the most rewarding outcome for you and your counterpart.

While you might choose many from a number of approaches to a negotiation, a mutual gains negotiation process can help you not only achieve a negotiated agreement with a counterpart but also help a negotiator find ways to create value and expand the pie of resources. In fact, our satisfaction with the final outcome of a negotiation doesn’t depend solely on how much we objectively gained or lost. Negotiator satisfaction hinges, in part, on whether the negotiation process was collegial and fair.

To maximize satisfaction and build a strong working relationship, don’t leave the negotiation process up to chance. Instead, take time to discuss how you will negotiate before discussing substance.

It’s tempting to dive into a negotiation without first setting an agenda and clarifying some of your purposes, but before the negotiation begins, explain what you hope to accomplish and how you propose to go about achieving these goals. If the other side envisions a different process, you must negotiate how to proceed.

Remember, too, that while the long-term goals of the negotiation may be clear to all (a signed agreement, for instance), you and your counterpart may have differing assumptions about the results of a particular meeting.

As you’re making commitments about the negotiation process, you and your counterparts should also focus on the sequencing of issues to be discussed. Typically, the best sequencing strategy is to begin with easy issues on which you anticipate significant common ground.

A thorough negotiation preparation process requires taking plenty of time to think through what we want, what alternatives we have to the current deal, and what our counterpart might value.

Learn more about the negotiation process, and discover how to make a deal better and faster than ever before with this free report, Getting the Deal Done, from Harvard Law School.

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The following items are tagged negotiation process:

The Best New Simulations

Posted by & filed under Teaching Negotiation.

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

Negotiation Essentials Online

Posted by & filed under Beyond the Back Table, Negotiation Essentials Online.

LIMITED TIME COMBO OFFER: Negotiation Essentials Online February 11-12, 2025 (Online) Instructor: Florrie Darwin PLUS Beyond the Back Table: Working with People and Organizations to Get to Yes February 25-26, 2025 (Online) Instructor: Brian Mandell

Great negotiators aren’t born, they’re made. This February, you can accelerate your negotiation expertise by taking advantage of our special combo offer. Save $1,500 when you register for … Read Negotiation Essentials Online

Salary Negotiation: How to Negotiate Salary: Learn the Best Techniques to Help You Manage the Most Difficult Salary Negotiations and What You Need to Know When Asking for a Raise

Posted by & filed under Free Report.

Salary negotiations are often stressful and challenging. But with the right strategies, you can negotiate your employment terms with ease. In Salary Negotiation: How to Negotiate Salary: Learn the Best Techniques to Help You Manage the Most Difficult Salary Negotiations and What You Need to Know When Asking for a Raise, you’ll discover innovative ways … Read More

Negotiation Skills for Win-Win Negotiations

Posted by & filed under Negotiation Skills.

A few characteristics of negotiation styles include hard bargaining tactics focused on claiming as much value as possible and integrative negotiation strategies such as value creation or win-win negotiation scenarios. What negotiation styles leads to optimal negotiated agreements and are suitable to win-win negotiations? One skill to cultivate that will have a positive impact on … Read Negotiation Skills for Win-Win Negotiations

Negotiation Essentials Online – December 17 – 18, 2024

Posted by & filed under Negotiation Essentials Online.

Designed for maximum impact, this program will feature: interactive Zoom sessions led by a PON instructor; engaging and educational prerecorded videos featuring seven world-class PON faculty members from across Harvard, MIT, and Tufts; case studies based on real-world experience; and opportunities to negotiate and engage in discussion with your fellow participants. … 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 How to Negotiate Salary: 3 Winning Strategies

Negotiation Essentials Online – June 3 – 5, 2025

Posted by & filed under Negotiation Essentials Online.

Designed for maximum impact, this program will feature: interactive Zoom sessions led by a PON instructor; engaging and educational prerecorded videos featuring seven world-class PON faculty members from across Harvard, MIT, and Tufts; case studies based on real-world experience; and opportunities to negotiate and engage in discussion with your fellow participants. … Read More

What is Crisis Management in Negotiation?

Posted by & filed under Crisis Negotiations.

Organizations often establish elaborate business crisis management plans. Through a rapid, centralized response, an organization can shift swiftly and efficiently from day-to-day operations into crisis-management mode, whether that crisis involves a building evacuation, a tumble in the company’s stock price, or a product recall. … Read What is Crisis Management in Negotiation?

Negotiation Workshop: Improving Your Negotiating Effectiveness

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

Course Dates: This course is closed 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 a keen … 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 7 Tips for Closing the Deal in Negotiations

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

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 Why Negotiations Fail

New Great Negotiator Case and Video: Christiana Figueres, former UNFCCC Executive Secretary

Posted by & filed under Teaching Negotiation.

The Program on Negotiation (PON) at Harvard Law School periodically presents the Great Negotiator Award to an individual whose lifetime achievements in the field of negotiation and dispute resolution have had a significant and lasting impact. In 2022, PON selected Christiana Figueres as the recipient of its Great Negotiator Award for her efforts to build … Read More

How to Use Tradeoffs to Create Value in Your Negotiations

Posted by & filed under Win-Win Negotiations.

How do expectations of fairness and reciprocity at the bargaining table impact negotiator decisions regarding the strategies and tactics they use during bargaining? Sometimes talks get off on the wrong foot. Maybe you and your partner had a different understanding of your meeting time, or one of you makes a statement that the other misinterprets. … 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 How to Find the ZOPA in Business Negotiations

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 Emotional Intelligence as a Negotiating Skill

Cross Cultural Communication: Translation and Negotiation

Posted by & filed under International Negotiation.

In previous international negotiation articles from cross cultural negotiation case studies, we have focused on how international negotiators can avoid cognitive biases and overcome cultural barriers. But how do negotiators dealing with counterparts that speak another language modify their negotiation techniques to accommodate for the lack of a common language? … 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

Essential Negotiation Skills: Limiting Cognitive Bias in Negotiation

Posted by & filed under Negotiation Skills.

In past articles, we have highlighted a variety of psychological biases that affect negotiators, many of which spring from a reliance on intuition, and may hinder integrative negotiation. Of course, negotiators are not always affected by bias; we often think systematically and clearly at the bargaining table. Most negotiators believe they are capable of distinguishing … Read More

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

Posted by & filed under International Negotiation.

Let’s look at the international negotiation case study of Microsoft’s decision to purchase Finnish mobile phone company Nokia’s mobile device business for $9.5 billion. The deal, which closed in 2014, quickly proved disastrous: Microsoft wrote off nearly all of the deal’s value and laid off thousands of workers in July 2015. Although there were many … 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

New Simulation: International Business Acquisition Negotiated Online

Posted by & filed under Teaching Negotiation.

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

Communication Breakdowns: When All We Can See is Red

Posted by & filed under Dealing with Difficult People.

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

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

How To Create a Better Deal in International Bargaining Situations

Posted by & filed under International Negotiation.

On April 19, 2013, after what was undoubtedly an intensive series of international bargaining and negotiation sessions, Toyota announced that it would begin manufacturing its Lexus luxury car in the United States for the first time. The Japanese automaker planned to invest $360 million in a new production line for its Georgetown, Kentucky, plant, which … Read More

How Timing Can Influence the Anchoring Effect

Posted by & filed under Dealmaking.

Back on July 11, 2000, we were offered an excellent case study on the anchoring effect when U.S. president Bill Clinton welcomed Israeli Prime Minister Ehud Barak and Palestinian Authority Chairman Yasser Arafat to a summit at Camp David aimed at resolving the Israeli-Palestinian conflict once and for all. The summit covered various contentious issues, … Read How Timing Can Influence the Anchoring Effect

Hardball Negotiation Tactics: Time Pressure in Major League Baseball

Posted by & filed under Business Negotiations.

Major League Baseball (MLB) games are known for their leisurely pacing. In recent years, off-season negotiations between teams and free agents have sometimes proceeded at a similarly glacial rate, to the consternation of players. Changing power dynamics have led teams to resort to hardball negotiation tactics, such as dragging out talks. As a result, players … 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 How to Overcome Cultural Barriers in Negotiation

Dear Negotiation Coach: Building Trust with Reluctant Counterparts

Posted by & filed under Dealing with Difficult People.

Tetsushi Okumura is a professor at the Tokyo University of Science and has been a visiting scholar at Northwestern University’s Kellogg School of Management. His research articles have appeared in leading management and psychology journals, and he has translated into Japanese many popular books on negotiation. Recently, Okumura has been interviewing Japanese government negotiators to … Read More

The Collective Leadership Approach to Negotiating Climate Action

Posted by & filed under Teaching Negotiation.

Former UNFCCC Executive Secretary Christiana Figueres received the Program on Negotiation’s 2022 Great Negotiator Award. On April 14, 2022, the Program on Negotiation (PON) presented its Great Negotiator Award to Christiana Figueres, formerly the Executive Secretary of the UN Framework Convention on Climate Change (UNFCCC) and one of the architects of the 2015 Paris Climate Agreement. … Read More

In Crisis Negotiations, Stay Rational Under Pressure

Posted by & filed under Crisis Negotiations.

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

Dear Negotiation Coach: Is There Promise in Online Negotiation?

Posted by & filed under Negotiation Skills.

In this edition of Dear Negotiation Coach, Harvard Business School professor Max H. Bazerman describes how online negotiation could increase efficiency and trust in many realms. In-person negotiations can offer advantages over electronic negotiations—for example, in terms of rapport building and value creation. But what advantages might online negotiation have over face-to-face negotiation? Max H. Bazerman: Online … Read More

Ask A Negotiation Expert: Using Law Teaching Materials to Build Bridges

Posted by & filed under Teaching Negotiation.

Amid our polarized political climate, dysfunction and conflict seem to rule the day in the U.S. Congress and state legislatures. To help legislators and their staff learn to build bridges and negotiate through impasse, the Harvard Kennedy School (HKS) Legislative Negotiation Project, with support from the William and Flora Hewlett Foundation Madison Initiative, has developed … Read More

Dear Negotiation Coach: Coordinating Teams to Get Everyone in the Same Frames

Posted by & filed under Negotiation Training.

Q: I lead a team of approximately 50 lawyers in the in-house legal department of a Fortune 500 company. As our team gets larger, reflecting the company’s growth, I’d like to install quality-control measures to ensure that all our attorneys are effectively negotiating settlements when appropriate and taking cases to trial when not. What are … Read More

Negotiation Team Dynamics: The Divide-and-Conquer Strategy

Posted by & filed under International Negotiation.

In an interesting example of negotiation team dynamics, during a 2018 New Year’s Day address, North Korean leader Kim Jong-un proposed opening talks with South Korea to discuss the North’s possible participation in the Winter Olympics, to be held in Pyeongchang, South Korea, the following month. Hoping to avoid disruption by the North, South Korean … Read More

For Price Negotiators, Preparation is the Key to Success

Posted by & filed under Dealmaking.

Some cultures have a long tradition of haggling—bargaining back and forth about the price of an item—in markets and bazaars. By contrast, in the United States and many other countries, haggling between buyers and sellers is an under-practiced skill. You might routinely pass up opportunities to haggle in situations where financial negotiations are not the … Read More

Coming Up with Win-Win Solutions at the Bargaining Table

Posted by & filed under Business Negotiations.

Even those who effectively engage in an integrative negotiations or mutual-gains approach to negotiation, a bargaining scenario in which parties work together to meet interests and maximize value creation during the negotiation process, can be stymied by the task of dividing up a seemingly fixed pie of resources, such as budgets, revenue, and time. … Read More

Mediation: Negotiating a More Satisfactory Divorce

Posted by & filed under Mediation.

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

Metaphorical Negotiation and Defining Negotiation Skills

Posted by & filed under Negotiation Skills.

Negotiators talk about building agreement, bluffing the opposition, and volleying offers back and forth. According to mediator Thomas Smith, careful attention to such metaphors can reveal deeper meaning beneath the explicit words that people use, notably regarding how they view the negotiation process and their relationship to one another. … Read More

Negotiation in the News: Negotiating with the Sacklers: Inside the Purdue Pharma settlement

Posted by & filed under Business Negotiations.

In the 1990s, U.S. drug manufacturers unwittingly set a national crisis in motion when they began marketing new and highly addictive prescription opioid medications for the treatment of pain. Between 1999 and 2017, about 400,000 Americans died from a drug overdose involving an opioid, including both prescription and illegal drugs. By 2015, the opioid crisis … Read More

Bargaining at a Fever Pitch

Posted by & filed under Leadership Skills.

Have you ever won an auction only to realize later that you overbid for the prize? In competitive bidding situations, it’s easy to get carried away in the heat of the moment and overpay. The Boston Red Sox 2006 procurement of Japanese pitching phenomenon Daisuke “Dice-K” Matsuzaka offers a lesson in keeping cool in these … Read Bargaining at a Fever Pitch

Successes & Messes: A new MLB player keeps his eye on the ball

Posted by & filed under Business Negotiations.

It’s been 100 years since Major League Baseball (MLB) had a superstar at both hitting and pitching in its ranks—namely, Babe Ruth. With teams rewarding specialists, players rarely have the talent, drive, and freedom to successfully multitask as so-called two-way players. That’s why excitement was so high this winter when 23-year-old Japanese hitting and pitching phenomenon … Read More

Gender Discrimination: How to Reach a Negotiated Agreement

Posted by & filed under Teaching Negotiation.

As you know, gender stereotypes often enter the negotiation process. Women and men are perceived to, and often do, act differently in negotiations. Furthermore, gender-based discrimination—such as less pay, unequal treatment, and sexual harassment—is often a source of conflict. With the resources available through the Teaching Negotiation Resource Center (TNRC), professionals can learn how to … Read More

2017 Great Negotiator Award Goes to Colombian President Juan Manuel Santos

Posted by & filed under Events, Great Negotiator Award, Leadership Skills.

On September 20th, Harvard Law School awarded the prestigious annual Great Negotiator award to Nobel Prize Winner, Colombian President Juan Manuel Santos, on behalf of the Program on Negotiation. This award recognizes those whose lifetime achievements in the field of negotiation and dispute resolution have had a significant and lasting impact. Santos is also a … Read More

Real Leaders Negotiate to Meet Their Organization’s Goals

Posted by & filed under Leadership Skills.

Imagine a typical leader, and you might think of someone who is bold, decisive, visionary, assertive, and charismatic. Now think about the kinds of actions that such a leader might regularly engage in. Delegating, making top-down decisions, and otherwise exerting one’s power might immediately come to mind. A behavior that’s not typically at the top of … Read More

BATNA: Negotiation Preparation to Help Avoid Giving Up at the Bargaining Table

Posted by & filed under Dealmaking.

When you expect an opponent to be competitive, your confidence in the outcomes you can achieve in negotiation is likely to plummet. In negotiation research with Adam Galinsky of Northwestern’s Kellogg School of Management, negotiators were provided with some background about their counterpart including information on how competitive their counterpart has been in previous negotiations. … Read More

Top International Multiparty Negotiations: Dissent in the European Union

Posted by & filed under International Negotiation.

A European Union summit held in late October 2013 failed to make headway toward more coordination of economic policies. Facing resistance from Germany in particular, European officials grew pessimistic regarding their odds of negotiating a deal over the next year to lay the foundation for a banking union for the 17 nations that use the … Read More

Promoting Fair Outcomes in Negotiation

Posted by & filed under Negotiation Skills.

So, you believe you’ve done everything you can do create value in your negotiation. You engaged in logrolling, making trades based on your and the other party’s different preferences on particular issues. You brainstormed new issues to add to the discussion, added a contingent contract, and proposed multiple offers simultaneously to identify which your counterpart … Read Promoting Fair Outcomes in Negotiation

Don’t Forget to Negotiate the Process

Posted by & filed under Negotiation Skills.

This past October, as the United Kingdom (UK) began gearing up for its negotiations to exit the European Union (EU)—a process known as Brexit—scheduled to begin in March, Reuters reported that the EU’s lead Brexit negotiator, former French foreign minister Michel Barnier, had asked for the negotiations to be conducted in French rather than English. … Read Don’t Forget to Negotiate the Process

Great Negotiators vs. Great Negotiations: The Program on Negotiation’s Great Negotiator Teaching Series

Posted by & filed under Negotiation Skills.

Teaching negotiation using case studies focused on the efforts of great negotiators can help achieve several pedagogical goals at the same time. Developed by Professor James Sebenius of Harvard Business School, the Program on Negotiation’s Great Negotiator case study series, available from the PON Clearinghouse, highlights the lessons learned by each recipient of PON’s Great … Read More

How to Conduct a Mediation During Crisis Negotiations

Posted by & filed under Mediation.

The most difficult peace negotiations in recent decades—in Ireland, the Middle East, the former Yugoslavia, and Sri Lanka—were plagued by a common enemy: violent disruptions by spoilers opposed to the peace process. In each of these cases, extremists stalled negotiations by creating security crises that divided public opinion and drove negotiators apart. … Read More

Teach “Head and Heart” Negotiation with New Negotiation Game Technology

Posted by & filed under Teaching Negotiation.

Do you teach students how to structure a negotiation process while helping them to develop the emotional acuity necessary for building relationships with counterparts? Professor Linda Kaboolian refers to this as “teaching head and heart negotiation”; an approach that was central to the 10 years she spent teaching simulation-based negotiation at the Harvard Kennedy School. Kaboolian … Read More

Negotiating with Your Agent

Posted by & filed under Business Negotiations.

Toby knew that Dara was the perfect New York literary agent for him as soon as he heard her friendly, professional voice on the phone. Never mind that 17 other agents had already rejected his book proposal. Dara’s enthusiasm and recent sales convinced him to sign the three-year exclusive contract she mailed to him in … Read Negotiating with Your Agent

Conflict Management Training and Negotiation Research: How Nervous Energy Affects Negotiation Scenarios and Attempts at Conflict Resolution

Posted by & filed under Conflict Resolution.

Negotiation is often characterized as a physiologically arousing event marked by pounding hearts, queasy stomachs, and flushed faces. We might assume that heightened physiological arousal would mar our negotiation performance, but this is only true for some, researchers Ashley D. Brown and Jared R. Curhan of the Massachusetts Institute of Technology found in a new … Read More

Case Study: Teaching with a Powerful Negotiated Agreement

Posted by & filed under Teaching Negotiation.

What do a Nobel Peace Prize recipient, the CEO of an international financial advisory firm, and the former United States ambassador to the United Nations have in common? They’ve all received the Great Negotiator Award. Every year, the Program on Negotiation at Harvard Law School bestows this prestigious honor on distinguished leaders whose lifelong accomplishments in … Read More

Overcoming Cultural Barriers in Negotiations: The Importance of Culture and Etiquette in Bargaining Scenarios

Posted by & filed under International Negotiation.

Learn how and when to engage in appropriate cultural traditions when negotiating with counterparts from a different culture. In this article we offer negotiation tips for overcoming cultural barriers in negotiation and present additional articles drawn from negotiation research that may be of benefit to negotiators who need to improve their international negotiation skills. … Read More

Stop outsiders from sabotaging your deal

Posted by & filed under International Negotiation.

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

New Findings in the Field of Negotiation: Session One

Posted by & filed under Daily, Events.

The Program on Negotiation at Harvard Law School is pleased to present: New Findings in the Field of Negotiation: Research from the PON Graduate Research Fellows with

Vera Mironova PhD candidate in political science at the University of Maryland and

Abbie Wazlawek PhD candidate in management at Columbia Business School and

Boshko Stankovski PhD candidate in politics and international studies at University of Cambridge   Tuesday, April 21 12:00 – 1:30 … Read More

Analyzing the Name Dispute between the Republic of Macedonia and Greece: Twenty Years after the Interim Agreement

Posted by & filed under Daily, Events.

The Program on Negotiation at Harvard Law School is proud to present Analyzing the Name Dispute between the Republic of Macedonia and Greece: Twenty Years after the Interim Agreement  with

Mr. Matthew Nimetz Personal Envoy of the Secretary-General of the United Nations and

Dr. Daniel Serwer Senior Research Professor of Conflict Management Johns Hopkins School of Advanced International Studies and

Mr. Boshko Stankovski

Graduate Research Fellow, Program … Read More

What Does Conflict Management Mean in Business Negotiations with Competitors?

Posted by & filed under Conflict Resolution.

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

Dealmaking: Beyond Collusion – How to Include Outsiders in Your Deal in Business Negotiations

Posted by & filed under Conflict Resolution.

The issue of bidder collusion raises a larger question for negotiators: What ethical responsibility do we have to those who aren’t seated at the table with us? Harvard Business School professor Max H. Bazerman uses the term “parasitic value creation” to describe the common tendency of negotiators to focus so narrowly on identifying benefits for those … Read More

Hong Kong Lawyer Benny Tai Inspired by Harvard Negotiation Project Authors

Posted by & filed under Teaching Negotiation.

The Harvard Negotiation Project was recently mentioned in the Wall Street Journal by David Feith in his interview with Benny Tai, “China’s New Freedom Fighters.” Benny Tai, a 49 year old lawyer who has been branded an “enemy of the state,” founded Occupy Central with Love and Peace, a group that promotes civil disobedience in order … Read More

Disappointed by Results? Improve Accountability in Business Negotiations

Posted by & filed under Negotiation Skills.

When it comes to planning and carrying out talks, negotiators are too often left to their own devices. Here’s how to guide your employees toward better results. How satisfied are you with the outcomes that negotiators in your organization achieve? Most likely, you can think of a few successes worth crowing about, a few you’d like to sweep … Read More

In Business Negotiations, 12 Strategies for Curbing Deception

Posted by & filed under Business Negotiations.

In negotiation, deception can run rampant: parties “stretch” the numbers, conceal key information, and make promises they know they can’t keep. Unfortunately, most of us are very poor lie detectors. Even professions that encounter liars regularly, such as police officers and judges, do not perform better than chance at detecting deception, Professor Paul Ekman of the … Read More

For Detroit Pensioners, Dispute Resolution Pays Off

Posted by & filed under Dispute Resolution.

On April 15, Detroit city employees and retirees breathed a huge sigh of relief after the city’s emergency manager and its pension fund managers reached a deal that would significantly reduce proposed cuts to pension benefits, CNNMoney reports. Some civilian workers will face a 4.5% reduction in pensions and lose cost-of-living adjustments. Retired public-safety workers … Read More

Have You Negotiated How You’ll Negotiate?

Posted by & filed under Negotiation Skills.

A large pharmaceutical company was engaged in licensing negotiation with a small biotech firm over the terms of a technology transfer. When the talks reached a standstill over royalty rates, the two sides began an all-weekend marathon session. Each side came armed with supporting arguments and data, but, by Sunday afternoon, they had failed to converge toward … Read Have You Negotiated How You’ll Negotiate?

Meeting Negotiation Challenges in the Repatriation of Native American Museum Collections

Posted by & filed under Daily, Events.

The passage of the 1990 Native American Graves Protection and Repatriation Act (NAGPRA) fundamentally shifted relationships between museums and Native American tribes. Because it is federal legislation, NAGPRA defines the circumstances, and structure of the negotiation process in the repatriation of sacred objects and other cultural patrimony. Case studies will reveal how outcomes framed within, … Read More

International Negotiations: Challenging Multiparty Negotiations Around the Euro

Posted by & filed under International Negotiation.

A European Union summit held in late October failed to make much headway toward better coordination of economic policies, the Wall Street Journal reports. Facing resistance from Germany in particular, European officials are growing pessimistic regarding their odds of negotiating a deal over the next year to lay the foundation for a banking union for … Read More

Bet you didn’t know…When learning is the best goal of all

Posted by & filed under Negotiation Skills.

Abundant negotiation research suggests that negotiators are better off setting specific, challenging goals rather than vague “I’ll do my best” goals. In a new study, Kevin Tasa of York University in Toronto and his colleagues take a first look at whether it’s better to focus your specific goals on the negotiation process or on its … Read More

Beyond the Bottom Line

Posted by & filed under Negotiation Skills.

What do people value when they negotiate? Research by Professors Jared R. Curhan and Heng Xu of MIT’s Sloan School of Management and Hillary Anger Elfenbein of Berkeley’s Haas School of Business provides useful insights concerning this basica question. Using survey data collected from everyday negotiators and filtering it through a sorting procedure conducted by negotiation … Read Beyond the Bottom Line

The Role of Urban Planners in Negotiations: Case Study of Israeli-Palestinian Negotiations

Posted by & filed under Conflict Resolution, Middle East Negotiation Initiatives.

Can urban planning tools help negotiators develop creative solutions to complex disputes?  Karen Lee Bar-Sinai, Loeb Fellow at Harvard Graduate School of Design (GSD), recently explored this topic in a talk entitled “The Role of Urban Planners in Negotiations: Case Study of Israeli-Palestinian Negotiations.” The first in a series of seminars co-sponsored by the Middle … Read More

Water Diplomacy: The Role of Science in Water Diplomacy

Posted by & filed under Conflict Resolution.

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

The Role of Urban Planners in Negotiations: Case Study of Israeli-Palestinian Negotiations

Posted by & filed under Events, International Negotiation, Middle East Negotiation Initiatives.

Karen Lee Bar-Sinai is the director and co-founder of SAYA/Design for Change (www.sayarch.com). SAYA is based in Israel and specializes in what can be called “peace architecture” — using planning and design to support decision-making, negotiations and peace processes in areas of conflict. Bar-Sinai’s talk will explore how urban design thinking and planning can … Read More

The Darker Side of Perspective Taking

Posted by & filed under Conflict Resolution.

Many negotiation experts recommend that you try to take the other party’s perspective, particularly when attempting to resolve disputes. Recent research by Nicholas Epley of the University of Chicago and Eugene Caruso and Max Bazerman of Harvard University suggests a dark side to this generally sound negotiation advice. The researchers ran a series of experiments … Read The Darker Side of Perspective Taking

Getting Off on the Wrong Foot

Posted by & filed under Conflict Resolution.

Sometimes negotiators get off on the wrong foot. Maybe you and your partner had a different understanding of your meeting time, or one of you makes a statement that the other misinterprets. Such awkward moves at the beginning of an interaction can lead one party to question the other side’s motives. In a recent article, Robert … Read Getting Off on the Wrong Foot

Planting the Seeds of Peace

Posted by & filed under Middle East Negotiation Initiatives, Negotiation Skills.

Tucked away in an idyllic corner of Maine is a summer camp that features many traditional American activities: singing around bonfires, flag raising ceremonies, Color Wars, and chilly dips in the lake. Less ordinary, however, are the daily dialogue sessions, where Israeli and Palestinian campers heatedly discuss their identities, homelands, politics, and pain. Meet Seeds of … Read Planting the Seeds of Peace

Negotiate How You’ll Negotiate

Posted by & filed under Negotiation Skills.

When a negotiation ends, our satisfaction with the final outcome doesn’t depend solely on how much we objectively gained or lost, according to research by Jared Curhan and Hen Xu of Massachusetts Institute of Technology and Hillary Anger Elfenbein of the University of California at Berkeley. In fact, negotiator satisfaction hinges on four factors: our … Read Negotiate How You’ll Negotiate

Is the U.S. Congress good at negotiation?

Posted by & filed under Conflict Resolution.

In response to recent power struggles and stand-offs in Congress, most notably House Speaker John Boehner’s dare to the Senate to not return to Washington to negotiate with House Republicans, National Journal interviewed Harvard law professor Robert C. Bordone to get his opinion on Congress’s approach to negotiation. When asked to give his estimation of Congress’s … Read Is the U.S. Congress good at negotiation?

Professor Susskind talks negotiation obstacles

Posted by & filed under Business Negotiations.

Q&A with Professor Susskind, MIT’s Ford Professor of Urban and Environmental Planning, and Vice Chair of the Program on Negotiation at Harvard Law School Q: You’ve taught for years about overcoming organizational obstacles. What are the most common roadblocks to effective negotiations? Typically, obstacles occur at all four stages of the negotiation process. First is the preparation … Read Professor Susskind talks negotiation obstacles

Address your negotiation jitters

Posted by & filed under Negotiation Skills.

The prospect of negotiating often sparks anxiety, especially if substantive or emotional stakes are high. The mere thought of failing can be self-fulfilling. In sports, it’s called choking. While negotiators don’t have to worry about fans’ reaction to dropping the ball in a packed stadium, critical voices can come from within. The negotiation process is … Read Address your negotiation jitters

When we expect selfish behavior

Posted by & filed under Daily, Negotiation Skills.

Adapted from “The Darker Side of Perspective Taking,” first published in the Negotiation newsletter, April 2007. Many negotiation experts recommend that you try to take the other party’s perspective, particularly when attempting to resolve disputes. Research by Nicholas Epley of the University of Chicago and Eugene Caruso and Max Bazerman of Harvard University suggests a dark … Read When we expect selfish behavior

The Value of Satisfaction

Posted by & filed under Negotiation Skills.

What do people value when they negotiate? Research by professors Jared R. Curhan and Heng Xu of MIT’s Sloan School of Management and Hillary Anger Elfenbein of Berkeley’s Haas School of Business provides useful insights concerning this basic question. Using survey data collected from everyday negotiators and filtering it through a sorting procedure conducted by negotiation … Read The Value of Satisfaction

Put Apologies in Your Toolbox

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Regain Your Counterpart’s Trust with an Apology,” first published in the Negotiation newsletter. The problem: Whether you meant to or not, you’ve hurt or offended your negotiating counterpart through your words or actions. Perhaps you’ve shown up late for an appointment one time too many, neglected to follow through on a key contract term, … Read Put Apologies in Your Toolbox

Put More on the Table

Posted by & filed under Business Negotiations.

Adapted from “Putting More on the Table: How Making Multiple Offers Can Increase the Final Value of the Deal,” by Victoria Husted Medvec and Adam D. Galinsky (professors, Northwestern University), first published in the Negotiation newsletter. Suppose you open talks with an important customer by making an aggressive first offer. He becomes offended. You back off … Read Put More on the Table

Norwegian Foreign Minister visits PON

Posted by & filed under Daily, International Negotiation.

On December 6, 2010, faculty and associates from the Program on Negotiation at Harvard Law School met at a private lunch with Norway’s Foreign Minister, Jonas Gahr Store, and the ambassador of Norway to the U.S., Wegger Chr. Strommen. At the meeting, the Foreign Minister described how he helped bring decades of negotiation with the … Read Norwegian Foreign Minister visits PON

New PON Teaching Materials About the Work of Martti Ahtisaari, 2010 Great Negotiator Award Recipient

Posted by & filed under Daily, International Negotiation, Negotiation Skills, Pedagogy at PON.

The Program on Negotiation’s 2010 Great Negotiator Award was given to former Finnish President, Martti Ahtisaari, for his many significant achievements in the fields of negotiation and diplomacy. He was central to the Namibian independence negotiations in the late 1980s. He also served as chief United Nations negotiator to Kosovo from 2005-2006, and was instrumental … Read More

Former President Martti Ahtisaari honored with Great Negotiator Award!

Posted by & filed under Daily, Events, International Negotiation.

The Program on Negotiation at Harvard Law School Will Honor Former President of Finland Martti Ahtisaari with the 2010 Great Negotiator Award Co-sponsored with the Future of Diplomacy Project at the Harvard Kennedy School, the Great Negotiator Event Offers Real-World Negotiation Discussion to All Students For Immediate Release CAMBRIDGE, MA (September 21,  2010) The Program on Negotiation … Read More

Choose Your Words

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Metaphorical Negotiation,” first published in the Negotiation newsletter. Negotiators talk about building agreement, bluffing the opposition, and volleying offers back and forth. According to mediator Thomas Smith, careful attention to such metaphors can reveal deeper meaning beneath the explicit words that people use, notably regarding how they view the negotiation process and their relationship … Read Choose Your Words

Jeswald Salacuse Article Published in International Negotiation Journal

Posted by & filed under Daily, International Negotiation.

Jeswald Salacuse’s article Teaching International Business Negotiation: Reflections on Three Decades of Experience was published in International Negotiation, Volume 15, Number 2. The full article can be purchased here. Abstract: The author has taught international business negotiation in a wide variety of university courses and executive training programs throughout the world during the last three decades. He … Read More

Cross-cultural negotiations

Posted by & filed under Daily, International Negotiation.

Culture-along with many other variables-often affects international negotiations. The book Culture and Negotiation focuses on the distinctive impact of culture, both in creating unexpected opportunities for dispute settlement and in imposing obstacle to agreement. Part I presents expert views on the nature and limits of culture’s influence on negotiation. Part II comprises the core of … Read Cross-cultural negotiations

Pick the Right Agent

Posted by & filed under Business Negotiations.

So, you’ve decided to use an agent in your next negotiation. Now what? It’s important not to rush headlong into the process of choosing an agent—picking the first one you speak to, for example, and sending him off to talks the next day. You need to choose your agent carefully, then establish a clear, detailed understanding … Read Pick the Right Agent

Handling Shady Dealers

Posted by & filed under Business Negotiations.

In 2004, U.S. Air Force procurement officer Darleen Druyun was sentenced to nine months in prison on corruption charges after it was discovered that she had favored Boeing in her negotiations for aircraft purchases to win jobs at Boeing for herself, her daughter, and her son-in-law. Druyun had unfettered control over the air force’s annual … Read Handling Shady Dealers

Improve their satisfaction

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Make Them More Satisfied with Less,” first published in the Negotiation newsletter. In negotiation, sometimes you just don’t have much to give. If your department’s budget has been slashed, your subordinates will have to settle for smaller raises than usual – or none at all. When consumer demand for your red-hot product levels … Read Improve their satisfaction

A more cooperative divorce

Posted by & filed under Negotiation Skills.

Adapted from “Negotiating a More Civil Divorce,” first published in the Negotiation newsletter. In the United States, lawyers who recognize the benefits of collaborative negotiation are sometimes stymied by vengeful clients and ruthless opposing counsel.  Many attorneys put up with a contentious settlement process in which litigation is a threat. Yet some U.S. lawyers have begun … Read A more cooperative divorce

Turn Vicious Cycles Into Virtuous Ones

Posted by & filed under Business Negotiations.

For decades, Hormel Foods and its employees enjoyed one of the most cooperative and productive labor-management relationships in the processed foods industry. But beginning in the late 1970s, when Hormel pushed for wage concessions, the company’s relationship with its workforce began to deteriorate, especially at the plant in Austin, Minn., the quiet “company town” where … Read Turn Vicious Cycles Into Virtuous Ones

Making the first move

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Should You Make the First Offer?” by Adam D. Galinsky (Professor, Northwestern University). First published in Negotiation Newsletter. Whether negotiators are bidding on a firm, seeking agreement on a compensation package, or bargaining over a used car, someone has to make the first offer. Should it be you, or should you wait to … Read Making the first move

Negotiate how you’ll negotiate

Posted by & filed under Daily, Negotiation Skills.

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