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 strategies

What are Negotiation Strategies?

While you might choose from any number of negotiation strategies, we recommend taking a mutual-gains approach.

Negotiation strategies that promote a mutual gains approach to the bargaining table can help you not only achieve a negotiated agreement with a difficult counterpart but also help a negotiator find ways to create value and expand the pie of resources. To do this, you have to establish a relationship with your counterpart and through this discover the zone of possible agreement with her (ZOPA).

When you know the areas of agreement where you and your counterpart are in alignment (and those areas on which you diverge), a skilled negotiator can craft an agreement that most closely approximates her own and her counterpart’s needs while building a bargaining relationship with her counterpart. Rather than antagonistic, the negotiation process becomes a value-creating, integrative situation in which each side gets a “fair share” of the pool of resources.

To mount a successful negotiation campaign, negotiators need to follow these negotiation strategies:

  1. Never take victory for granted in a complex, multiparty setting.
  2. Identify and nurture potential allies before you need their support.
  3. Identify all of your likely and potential opponents at the start of the process.
  4. Beware of the possibility of opponents with diverse concerns teaming up to form a blocking coalition.
  5. Listen to the concerns of potential opponents and address them to the extent possible.
  6. Remember that negotiation continues during the implementation stage and requires ongoing support to succeed.

The best negotiators understand the importance of using these win-win negotiation strategies: when both sides are satisfied with their agreement, the odds of a long-lasting and successful partnership are much higher.

Build powerful negotiation strategies and become a better dealmaker and leader. Download our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.

The following items are tagged negotiation strategies:

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under Negotiation and Leadership.


THREE-DAY COURSE | June 20-22, 2023 Negotiation and Leadership: Dealing with Difficult People and Problems BONUS DAY | June 23, 2023 Unlocking Value in Complex Business Deals

Three-Day Program Agenda Negotiation and Leadership: Dealing with Difficult People and Problems DAY 1: Tuesday, June 20, 2023UNDERSTANDING KEY NEGOTIATION CONCEPTS MORNING: Registration, Continental Breakfast and Overview 8:00 a.m. – 9:00 a.m. ET Negotiation Fundamentals—Key Concepts and … Read  

Negotiation Master Class May 2023 Program Guide

Posted by & filed under Free Report.

Over the years thousands of professionals have participated in negotiation programs at the Program on Negotiation (PON) at Harvard Law School. And after a few months or years of putting their negotiation skills and techniques to work, participants inevitably ask us, what’s next? … Read  

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  

Unlocking Value in Complex Business Deals

Posted by & filed under 1 Day Courses.

Bonus day for June Negotiation and Leadership program. In this focused one-day session, Guhan Subramanian shows you how to successfully navigate complex deals, including negotiauctions, by bringing together auction and negotiation strategies in a meaningful way. … Read  

3D Negotiation: Powerful New Tools to Turbocharge Your Effectiveness

Posted by & filed under 1 Day Courses.

Bonus day for April Negotiation and Leadership program. In this fascinating one-day session, you will examine the three dimensions of effective negotiation and will emerge with a versatile roadmap for achieving the hallmarks of a successful deal: creating maximum value, claiming a full share of that value, and doing so for the long term. … Read  

Harborco: Role-Play Simulation

Posted by & filed under Free Report.

Harborco is a consortium of development, industrial, and shipping concerns that are eager to proceed with the building of a new port, but face hurdles and potential opposition as they advance through the licensing process. The Federal Licensing Agency would like to see them work with other stakeholders to develop a project that is acceptable … Read  

BATNA and Other Sources of Power at the Negotiation Table

Posted by & filed under BATNA.

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

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  

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  

Cross Cultural Communication: Translation and Negotiation

Posted by & filed under Uncategorized.

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  

How to Negotiate Mutually Beneficial Noncompete Agreements

Posted by & filed under Uncategorized.

If you’re looking to get more leverage out of your next job negotiation, the noncompete agreement that may very well be tucked inside your employment contract could provide an opportunity to achieve the mutually beneficial win-win situation you desire. … Read  

Negotiation Ethics: Dealing with Deception at the Bargaining Table

Posted by & filed under Uncategorized.

In his book Bargaining for Advantage: Negotiation Strategies for Reasonable People (Penguin, 2006), G. Richard Shell analyzes this story from Nancy Griffin and Kim Masters’s book Hit & Run: How Jon Peters and Peter Guber Took Sony for a Ride in Hollywood (Simon & Schuster, 1996) as an example of the deceptive tactics negotiators sometimes … Read  

International Negotiations and Cognitive Biases in Negotiation

Posted by & filed under Uncategorized.

In discussing international negotiations and cognitive biases in negotiation, professor Cheryl Rivers of Queensland University of Technology in Brisbane, Australia, highlights in a negotiation research literature review, seasoned negotiators often hear stories about the unethical behaviors of people of other nationalities. Perhaps the toughest problems arise surrounding what Rivers calls “ethically ambiguous” negotiation tactics and … Read  

Value Claiming in Negotiation

Posted by & filed under Uncategorized.

In most negotiations, we face two goals: claiming value and creating value. Value can be defined as anything you would like to get out a negotiation, whether it be more dollars, a consulting contract, a new rug, an end to conflict, and so on. … Read  

What is Distributive Negotiation and Five Proven Strategies

Posted by & filed under Dealmaking.

Most negotiations call for very different, even opposing, skills: collaboration and competition. To get a great deal, we typically must work with others to find new sources of value while also competing with them to claim as much of that value for ourselves. Before mastering the intricacies of value creation in negotiation, it helps to … Read  

Cognitive Biases in Negotiation and Conflict Resolution – Common Negotiation Mistakes

Posted by & filed under Conflict Resolution.

Negotiators planning to engage in conflict resolution in a personal or business disputes should be aware of cognitive biases in negotiation, particularly when your dispute is being decided by a judge. Before doing so, you should consider carefully what psychologists, political scientists, and legal scholars have learned about judges from negotiation research and social science: … Read  

MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table

Posted by & filed under Conflict Resolution.

MESO negotiation, a negotiation strategy for creating value with a counterpart who may be reluctant to negotiate, allows negotiators to propose multiple offers without signaling commitment or preference for any one option. Business negotiators that practice integrative negotiation strategies often complain that although they try to focus on creating value, they run into far too many difficult … Read  

Negotiation Skills and Bargaining Techniques from Female Executives

Posted by & filed under Uncategorized.

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  

Make the Most of Your Salary Negotiations

Posted by & filed under Uncategorized.

What salary negotiation skills can you use if a potential employer asks you about your past salary? If you earned a competitive wage, your concern may be whether the new employer can afford you. … Read  

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  

How to Negotiate Salary: 3 Winning Strategies

Posted by & filed under Uncategorized.

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  

Famous Negotiations Cases – NBA and the Power of Deadlines at the Bargaining Table

Posted by & filed under Crisis Negotiations.

It’s a classic famous negotiations case. In the summer of 1988, National Basketball Association (NBA) team owners and players were at loggerheads over their new contract. At midnight on June 30, the owners declared a lockout, halting preparations for the start of the 1998–99 NBA season. The players and owners negotiated for six long months, … Read  

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  

Win-Win Negotiation Strategies for Rebuilding a Relationship

Posted by & filed under Uncategorized.

When negotiators come together after a period of mutual mistrust, it can be difficult for each side to reconcile their grievances with the other. Here are some strategies that others have used to bring bargaining counterparts together even after a long, contentious period of silence. … Read  

The Opposite of Autocratic Leadership Styles

Posted by & filed under Uncategorized.

While the advantages and disadvantages of leadership styles are not always readily apparent, one thing is certain – being decisive while avoiding autocratic leadership tactics is necessary for successful leaders and negotiators alike. Navigating these treacherous waters can be extraordinarily challenging, but it can also give rise to creative decisions that help resolve disagreements in … Read  

Building Coalitions: Apple and the Art of Persuasion

Posted by & filed under Uncategorized.

Whether you have one of its ubiquitous products or even its rivals offerings, you most certainly have heard of Apple, the United States electronics giant whose phoenix-like rise to the top of the business world has inspired legions of fans and detractors alike. … Read  

Negotiation in Business Without a BATNA – Is It Possible?

Posted by & filed under BATNA.

In a negotiation scenario, you always have a best alternative to a negotiated agreement. Negotiation research and negotiation strategy helps negotiators find their BATNA, leverage it at the bargaining table, and illustrates the impact that knowing your BATNA has on a negotiation. … Read  

Developing Negotiation Skills for Integrative Negotiations – Does Personality Matter?

Posted by & filed under Uncategorized.

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  

Emotional Intelligence in Negotiation

Posted by & filed under Dealmaking.

You feel a little nervous during your first meeting with a new colleague, Steve, to negotiate a long-term project to be co-managed by your respective divisions, but he immediately puts you at ease. Warm and friendly, he makes it clear he’s highly motivated to reach an arrangement that will help both divisions. When talks grow … Read  

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

Posted by & filed under Uncategorized.

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  

Essential Negotiation Skills: Limiting Cognitive Bias in Negotiation

Posted by & filed under Uncategorized.

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  

An International Negotiation Process Leads to a Fragile Agreement in Ukraine

Posted by & filed under Uncategorized.

Ever since Russia blockaded the Black Sea at the start of its war on Ukraine, most of Ukraine’s abundant grain harvest has been trapped in silos, far from those who count on it for survival. The closing of ports in Ukraine, one of the world’s great breadbaskets, threatened to bring famine and political unrest to … Read  

Labor Negotiation Strategies

Posted by & filed under Uncategorized.

No one likes strikes. They can be financially devastating to employers and employees alike. And because strikes inconvenience the public, whatever popular support striking workers gain may fade when a strike drags on over time. … Read  

Negotiation Team Strategy

Posted by & filed under Uncategorized.

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  

Dealing with Difficult People – Even When You Don’t Want To

Posted by & filed under Dealing with Difficult People.

In your negotiations, have you ever faced a truly difficult negotiator—someone whose behavior seems designed to provoke, thwart, and annoy you beyond all measure? We often have strong incentives to negotiate with those we find obstinate, unpredictable, abrasive, or untrustworthy. When we avoid dealing with difficult people, we risk missing out on important opportunities. But … Read  

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  

How to Negotiate with Friends and Family

Posted by & filed under Dispute Resolution.

“Never do business with friends,” the adage goes. But should you always stay away from an opportunity to negotiate with friends and family? A strict policy of keeping friends and family members out of our business lives would be impractical, and it could cause us to pass up potentially valuable negotiating opportunities. … Read  

Best Negotiators in History: Nelson Mandela and His Negotiation Style

Posted by & filed under Uncategorized.

The late Nelson Mandela will certainly be remembered as one of the best negotiators in history. He was clearly “the greatest negotiator of the twentieth century,” wrote Harvard Law School professor and Program on Negotiation Chairman Robert H. Mnookin in his seminal book, Bargaining with the Devil, When to Negotiate, When to Fight. … Read  

The Importance of Communication in Multiparty Negotiations

Posted by & filed under Uncategorized.

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  

Ask A Negotiation Expert: Learning From Humanitarian Negotiations Amid International Conflict

Posted by & filed under Uncategorized.

International Committee of the Red Cross (ICRC) president Peter Maurer views negotiation as integral to the ICRC’s mission of providing humanitarian aid to people in international conflict zones. A former Swiss minister of foreign affairs and ambassador to the United Nations, Maurer is the ICRC’s chief negotiator and promotes the development of negotiation skills within … Read  

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  

Dealing with Difficult People and Unethical Negotiation Tactics

Posted by & filed under Business Negotiations.

The fallout from unfair and ill-advised negotiated agreements can reverberate for years to come, as the City of Miami learned from its 2009 stadium deal with former Florida Marlins owner Jeffrey Loria. The story highlights aspects of dealing with difficult people, including their threats, questionable claims, and other potentially unethical negotiation tactics. The Great Switcheroo Back in … Read  

Salary Negotiations in the NBA and Beyond

Posted by & filed under Business Negotiations.

In negotiation, one great deal can beget another. For the National Basketball Association (NBA), its stellar 2016 national television contract begat dozens of stellar salary negotiations for top players and even mediocre ones. But after the boom year passed, players’ expectations bounced up against reality. The story, which could repeat itself after the next TV … Read  

Employment Contract Negotiation: Morals Clauses

Posted by & filed under Business Negotiations.

As film producer Harvey Weinstein’s crimes against women launched the #MeToo movement and brought down his company, many entertainment companies began looking for ways to reduce the risk of such allegations. In employment contract negotiation, morality clauses are helping them minimize the damage from scandals and wrongdoing by employees.  Take the case of CNN’s December 2021 … Read  

Negotiating Salary: Confronting the Gender Pay Gap

Posted by & filed under Uncategorized.

In December 2014, leaks of data hacked from Sony Pictures revealed that when negotiating salary for their roles in the film American Hustle, actresses Jennifer Lawrence and Amy Adams came away with significantly less than their male costars in the ensemble cast. Lawrence and Adams were paid 7% of the film’s profits; Christian Bale, Bradley Cooper, … Read  

The Value of Using Scorable Simulations in Negotiation Training

Posted by & filed under Uncategorized.

At a Teaching Negotiation Resource Center (TNRC) faculty pedagogy seminar, members of the PON faculty and negotiation community gathered to hear Gordon Kaufman (MIT Morris A. Adelman Professor of Management, Emeritus) speak about how he uses quantifiable data to plot student-learning trajectories. The conversation focused on the ongoing debate within the negotiation pedagogy community regarding the way … Read  

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

Posted by & filed under Uncategorized.

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  

Win-Lose Negotiation Examples

Posted by & filed under Uncategorized.

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  

Putting Your Negotiated Agreement Into Action

Posted by & filed under Uncategorized.

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  

Negotiating for a Win Win Coalition at the Bargaining Table

Posted by & filed under Uncategorized.

If a pet project of yours is facing an up-or-down vote, negotiation can be a powerful tool to help sway the outcome in your favor. One example was New York governor Andrew M. Cuomo’s successful campaign to legalize same-sex marriage in the state, as described by Michael Barbaro in the New York Times. … Read  

Crisis Negotiation: The European Financial Crisis

Posted by & filed under Uncategorized.

Planning for crisis negotiation scenarios, particularly in international negotiations, can help negotiators develop strategies before a crisis emerges. Here are some of the negotiation strategies European central bank leaders uses during the financial crisis to help prevent a market collapse. … Read  

How to Negotiate with Difficult People: International Negotiation, and a Refusal to Communicate

Posted by & filed under Uncategorized.

Business negotiators sometimes face the difficult question of whether to negotiate with someone they believe to be immoral, untrustworthy, or otherwise undesirable as a negotiating partner. In his book Bargaining with the Devil: When to Negotiate, When to Fight (Simon & Schuster, 2011), Program on Negotiation chair Robert Mnookin offers negotiation advice on the complex … Read  

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  

5 Types of Negotiation Skills

Posted by & filed under Uncategorized.

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  

Effective Negotiation Strategies for Dealing with Competitors

Posted by & filed under Uncategorized.

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  

Emotional Intelligence as a Negotiating Skill

Posted by & filed under Uncategorized.

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  

Negotiation with Your Children: How to Resolve Family Conflicts

Posted by & filed under Conflict Resolution.

Few negotiation examples in real life demonstrate the benefit of effective conflict resolution skills than those disputes that arise in the home, such as those between parents and children. Getting a good night’s sleep and eating a healthy dinner might seem like obvious goals for parents to have for their young children, but kids won’t … Read  

Salary Negotiations and How to Negotiate Performance-Based Pay

Posted by & filed under Uncategorized.

Salary negotiations are never predictable. Imagine that you are a sales rep with a company that is getting hit hard by a financial crisis. No one has been laid off yet, but everyone is nervous about that possibility. In an effort to save jobs, your sales manager has quietly proposed that everyone take lower base … Read  

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  

Negotiation Skills: Which Negotiating Style Is Best?

Posted by & filed under Uncategorized.

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  

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  

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

Posted by & filed under Conflict Resolution.

Policymakers, practitioners, and academics have seized on the need for peacebuilding negotiation strategies in international negotiation to be as complex and adaptive as the societies within which they work. As a result, there are loud calls for “whole of government” or “whole of community” approaches that cross traditional sectoral boundaries.  The problem is that these approaches are … Read  

When a Job Offer is “Nonnegotiable”

Posted by & filed under Uncategorized.

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  

What is BATNA?

Posted by & filed under BATNA.

What is BATNA? Negotiations in which each counterpart has a best alternative to a negotiated agreement are scenarios in which the incentive to work together must exceed the value of alternatives away from the negotiation table. … Read  

How to Use MESOs in Business Negotiations

Posted by & filed under Business Negotiations.

It’s not uncommon in business negotiations to find yourself on the brink of impasse. You and your counterpart have exchanged a series of offers and counteroffers, and you’ve met somewhere close to the middle—but not close enough. With each side firmly rooted in its position, there may seem to be no way forward. … Read  

Six Guidelines for “Getting to Yes”

Posted by & filed under Uncategorized.

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  

Negotiation Strategies: Seek Advice from Others When Negotiating

Posted by & filed under Uncategorized.

Negotiation skills in business communication and seeking advice from others, what are the potential benefits? Advice seeking inherently employs multiple self-presentation tactics (including ingratiation, self-promotion, and supplication), it allows us to improve both our competence and our likability. … Read  

Definition of the Winner’s Curse in Negotiations

Posted by & filed under Uncategorized.

The winner’s curse negotiations, when a negotiator overbids for an item due to competitive pressure or other non-value related factors, is a major pitfall that integrative bargainers should seek to avoid. … Read  

5 Win-Win Negotiation Strategies

Posted by & filed under Uncategorized.

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  

Make the Most of Negotiation Skills Training

Posted by & filed under Uncategorized.

Across the globe, negotiation skills training has become a common activity in managerial life. Organizations often take steps to improve their managers’ negotiation skills and their ability to manage other negotiators by enrolling them in negotiation skills training programs. … Read  

Negotiation Skills for Win-Win Negotiations

Posted by & filed under Uncategorized.

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  

How Does Mediation Work in a Lawsuit?

Posted by & filed under Dealmaking.

No one likes to go to court. Not only is it expensive and time-consuming, but it often leads to frustrating results and damaged relationships. So, how does mediation work in a lawsuit and is legal mediation a better route? … Read  

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

Posted by & filed under Uncategorized.

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  

Negotiation Strategies and Techniques for Activists: Lessons from Mandela

Posted by & filed under Uncategorized.

In the aftermath of George Floyd’s killing in Minneapolis by a White police officer, activists, politicians, and other concerned citizens are grappling with a big question: Where do we go from here? The quest for reforms to policing and other societal institutions can be pursued through many means, including continued demonstrations, political lobbying, and community-wide … Read  

Collaborative Leadership at the Louvre

Posted by & filed under Uncategorized.

When faced with conducting a series of negotiations with numerous counterparts, we often benefit from teaming up with colleagues. There’s much to learn about collaborative leadership from the deals that curators at France’s Louvre Museum conducted to secure loans of Leonardo da Vinci works for a major exhibit that opened in October 2019, as Kelly … Read  

Contract Renegotiation in a Time of Crisis

Posted by & filed under Business Negotiations.

The COVID-19 pandemic has left many of us negotiating circumstances we never envisioned just months ago, from health crises to lost jobs to plummeting sales. Businesses of all sizes, in particular, are faced with the difficult task of contract renegotiation as a result of parties’ inability to meet current deal terms. Unfortunately, contract renegotiation is much … Read  

Videoconferencing in Business Negotiation

Posted by & filed under Business Negotiations.

With face-to-face negotiations currently hazardous to our health, businesspeople across the world have switched to Zoom meetings, Skype calls, Google Hangouts, and other forms of videoconferencing. In addition to enabling social distancing, videoconferencing seems at first glance to have all the advantages of in-person meetings. It eliminates the costs of meeting face to face, including … Read  

Operating Short-Term to Long-Term through the COVID-19 Pandemic: Negotiating a Global Renaissance with Science Diplomacy

Posted by & filed under Uncategorized.

In case you missed it, Paul Berkman, Professor of Practice in Science Diplomacy and Founding Director of the Science Diplomacy Center at Tufts University, recently gave a Zoom talk about science diplomacy in the age of COVID-19, hosted by the Program on Negotiation (PON). We now are in the early stages of the COVID-19 pandemic, when … Read  

Ask A Negotiation Expert: Network Building in the Middle East

Posted by & filed under Uncategorized.

A lack of effective communication has worsened ongoing conflicts in the Middle East. In 2014, regional stakeholders created the Negotiation Strategies Institute (NSI) to promote communication across disputing governments and other groups affected by the conflict. With the Harvard Negotiation Project (HNP) as its academic sponsor, NSI holds an intensive 10-month executive program each year … Read  

How to Bargain Salary: Laughing Matters?

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As they contemplate how to bargain salary, job candidates are often at a disadvantage relative to the hiring organization. Due to the well-documented anchoring effect, the first figure introduced into a negotiation tends to strongly influence the final outcome. Unfortunately for candidates, the wage or wage range that employers give in a job listing or … Read  

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  

Powerful Conflict Resolution Games to Help You Teach Negotiation

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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  

International Negotiation Strategies

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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  

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  

Intercultural Negotiation: Does the BATNA Concept Translate?

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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  

What is the Multi-Door Courthouse Concept

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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  

Teaching Real Estate Negotiation: How to Identify and Create Value

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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  

Learning From Negotiation Role-Plays

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It’s a familiar practice in negotiation training: Students are divided up and assigned to engage in role-play exercises known as simulations. Each person reads confidential information about her role, the two (or more) players get together and negotiate, and then the class reconvenes to debrief the experiences. Simulation took root as a common method for teaching … Read  

Conflict-Solving Strategies: The Value of Taking a Break

Posted by & filed under Conflict Resolution.

Business negotiators coping with deeply entrenched conflict often feel defeated and hopeless when conflict-solving strategies fail. However, research from the world of international conflict suggests that taking repeated breaks from conflict can improve the odds of reaching agreement down the road. The research and resulting negotiation strategies may offer new hope to business negotiators. … Read  

Negotiation Strategies for Dealing with Spoilers

Posted by & filed under BATNA.

Amazon’s announcement on February 14 that it was backing out of a recent deal to build a major new campus in New York City was as bitter as a Valentine’s Day breakup could be. But the budding relationship between Amazon and New York didn’t have to end in acrimony and broken dreams, Harvard Business School … Read  

Claiming Value in Negotiation: Do Extreme Requests Backfire?

Posted by & filed under Dealmaking.

Negotiators often wonder how they can get the biggest slice of the pie when claiming value in negotiation. Certain deal-making techniques can be useful, such as the well-known “foot in the door” technique, which is designed to get people to comply with a large request by securing their agreement to a smaller one first, and … Read  

4 Negotiation Tactics Robert Kraft Used to End the NFL Lockout

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Robert Kraft, owner of the New England Patriots, was by all accounts a major factor in getting the NFL collective bargaining agreement signed earlier in October 2011. To do so, Kraft employed four key negotiation tactics to help the players and owners come to a “win-win” solution. … Read  

Teach Your Students Dispute Resolution for Their Everyday Lives

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

Ask A Negotiation Expert: How leaders negotiate to hang on to leadership

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This month, Jeswald Salacuse, Distinguished Professor at Tufts University, considers the negotiation strategies that embattled leaders use to fend off challenges to their leadership. Salacuse is the author of Real Leaders Negotiate! Gaining, Using, and Keeping the Power to Lead Through Negotiation (Palgrave Macmillan, 2017). Negotiation Briefings: Leaders often seem to make matters worse when their … Read  

Negotiating Indigenous Land Rights

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Teach Your Students to Address Fundamental Value Differences While Negotiating Indigenous Land Rights Indigenous land rights have been a key aspect of negotiations by private companies and governments around the world. Indigenous land rights are the rights of indigenous peoples to land and natural resources, which they have occupied for hundreds, if not thousands, of years. … Read  

2017 Great Negotiator Award Goes to Colombian President Juan Manuel Santos

Posted by & filed under Events, Great Negotiator Award.

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  

How to Build Trust at the Bargaining Table

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To maximize the joint gain created by a deal, both sides need to take risks which requires building trust in negotiations. Here’s how negotiators can establish the necessary trust. … Read  

Negotiation Topics in Business: Make a Bump Plan

Posted by & filed under Business Negotiations.

Regrouping from the cancellation of the 2004–2005 season due to failed labor negotiations, National Hockey League (NHL) teams and players faced the challenge of radically restructuring their collective bargaining agreement (CBA) in July 2005. The new CBA instituted a uniform cap (as well as a floor) on team payrolls. It also set maximums and minimums … Read  

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  

Diplomatic Negotiations to Build a Winning Coalition to Negotiate with Iran

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The five permanent members of the UN Security Council plus Germany were able to arrive at a negotiated agreement with the Islamic Republic of Iran to curtail its nuclear weapons development program. Read this article to find out what diplomatic negotiation strategies were employed by the representatives from the bargaining countries and how they impacted … Read  

How Your Organization Can Benefit from Mediation Techniques

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If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Read  

Forging a Global Agreement on Climate Change

Posted by & filed under Business Negotiations.

The ambitious goal of the professional negotiators who participated in the 2015 United Nations Climate Change Conference, held in a Paris suburb from November 30 through December 11, 2015, was to reach enforceable commitments from nations around the world to lower their greenhouse-gas emissions to levels that could ward off environmental disasters. At the Paris climate … Read  

In The Simpsons Dealmaking, Harry Shearer Goes Public

Posted by & filed under Dealmaking.

How did actor Henry Shearer and the producers of the hit television show The Simpsons arrive at a win-win negotiated agreement? In this article drawn from examples of negotiation in real life, we examine the negotiations between the actor and the producers and offer insights into the bargaining strategies employed by each. … Read  

The Program on Negotiation’s Top Ten International Negotiations Posts

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Whether dealing with difficult or hard bargainers like Putin or forging business partnerships, international negotiations are fraught with a level of complexity rarely encountered in everyday negotiations. Here are the top ten international negotiation articles on the Program on Negotiation’s website. … Read  

When Rumors Run Wild in Business Negotiation

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What impact do rumors have on business negotiations and bargaining within the workplace? In this article, the effects of office gossip and other forms of unverified information are examined with regard to their impact on negotiation scenarios … Read  

Negotiating Skills and Negotiation Tactics: Damage Control in Conflict Resolution

Posted by & filed under Conflict Resolution.

Framing in negotiation, and the negotiating skills and negotiation tactics that go behind effective bargaining, can help not only achieve a negotiator’s goals at the bargaining table, but also can anticipate the fallout or kickback received from parties away from the negotiation table. President Obama’s tax-cut negotiations with Senate Republicans in late 2010 offer cautionary … Read  

Business Negotiation Techniques and Dealmaking – Bargaining with Agents

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When using an agent in negotiation, your negotiation strategy and definitely the negotiation techniques you use to achieve success at the bargaining table change – but how much so? How different is negotiating with an agent from negotiating with an equal counterpart? In this article the Program on Negotiation explores the business negotiation techniques negotiators … Read  

The Island President

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The Program on Negotiation, the Environmental Law Program at Harvard Law School and the Harvard Law Documentary Studio are pleased to present a screening of The Island President with post-screening discussion led by Hardy Merriman, Senior Advisor at the International Center on Nonviolent Conflict. … Read  

The link between happiness and negotiation success

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Adapted from “How Mood Affects Negotiator Trust,” first published in the Negotiation newsletter, September 2006. Social psychologists are learning a great deal about the connections among emotions, negotiation strategies, and decision making. Negotiation contributor Jennifer S. Lerner of Carnegie Mellon University and her colleagues have identified two critical themes. First, they have studied the carryover of … Read  

The Longest War: Challenges and Negotiation Strategies in Afghanistan

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“The Longest War: Challenges and Negotiation Strategies in Afghanistan” with Hassina Sherjan and Michael O’Hanlon co-authors of “Toughing It Out In Afghanistan”

  Date: February 18, 2011

Time: 12:00PM to 1:30PM Where: Hauser Hall, Room 105, Harvard Law School Campus Bring your lunch. Drinks and dessert will be served. Click here for a campus map. About the Speakers Hassina Sherjan is the president of Aid … Read  

Does Negotiation Have a Place in Crisis Management?

Posted by & filed under Conflict Resolution.

Does negotiation have a place in crisis management? Many public relations experts would argue no. When a company is confronted with negative publicity, they are advised to reveal as little as possible and denounce their attackers claim. This advice ignores the fact that what an angry public wants is to be heard. After stranding thousands of … Read  

Boost your negotiations skills and confidence

Posted by & filed under Daily.

The following book, Negotiation Genius, was co-winner of the 2008 CPR Award for Excellence in ADR (Outstanding Book Category).  It provides 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. Whether you’ve “seen it all” or are just … Read