It was perhaps “the sweetest of sweetheart deals” negotiated by a Major League Baseball (MLB) team, according to the New York Times. So why did the Kansas City Royals throw out their old agreement with star catcher Salvador Perez, midcontract, in favor of a renegotiation that was far more favorable to the Golden Glove winner? … Read More 
Discover step-by-step techniques for avoiding common business negotiation pitfalls when you download a copy of the FREE special report, Business Negotiation Strategies: How to Negotiate Better Business Deals, from the Program on Negotiation at Harvard Law School.
negotiation
What is Negotiation?
Negotiation is a bargaining process through which parties attempt to forge an agreement to resolve disputes, establish a business contract, purchase a new home, or conclude a peace treaty.
In the business world, some negotiators always seem to get what they want, while others more often tend to come up short. What might make some people better negotiators than others? People bring different negotiation styles and strategiesto the bargaining table, based on their different personalities, experiences, and beliefs about negotiating.
The Program on Negotiation’s founder Roger Fisher authored the book Getting to Yes with Harvard faculty William L. Ury and Bruce Patton and defines negotiation as a “back-and-forth communication designed to reach an agreement when you and the other side have some interests that are shared and others that are opposed.”
Other experts define negotiation using similar terms. In her negotiation textbook The Mind and Heart of the Negotiator, Leigh Thompson refers to negotiation as an “interpersonal decision-making process” that is “necessary whenever we cannot achieve our objectives single-handedly.” And in their book Judgment in Managerial Decision Making, Max H. Bazerman and Don A. Moore write, “When two or more parties need to reach a joint decision but have different preferences, they negotiate.”
Together, these negotiation definitions encompass the wide range of negotiations we carry out in our personal lives, at work, and with strangers or acquaintances.
You can improve your negotiation skills in business and personal disputes by downloading a complimentary copy of our special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from Harvard Law School, right now! We will send you a download link to your copy of the report and notify you by email when we post new business negotiation advice and information.
The following items are tagged negotiation:
Semester Difficult Conversations: How To Discuss What Matters Most
Difficult Conversations are an important part of the human experience – at times uncomfortable or painful, however, it is possible to learn how to manage a difficult conversation in a constructive way. From business partners and relationships with customers, clients, supplier and colleagues, to dynamics with family, friends, and members of our communities, the … Read More
Negotiation and Leadership Spring 2024 Program Guide
It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training.
… Read More
Renegotiate Salary to Your Advantage
As we prepare to renegotiate salary, most of us intend to ask for as much as we can without antagonizing our employer. But we sometimes undervalue our worth, with disappointing consequences.
… Read Renegotiate Salary to Your Advantage
Leveraging the Power of Emotions As You Negotiate
In this fascinating workshop, you will discover a powerful framework for understanding and addressing the challenging emotional dynamics that arise in everyday negotiations and conflicts.
… Read Leveraging the Power of Emotions As You Negotiate
Negotiation Master Class November 2023 Program Guide
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 More
Diplomatic Negotiations: The Surprising Benefits of Conflict and Teamwork at the Negotiation Table
Let’s take a look back at the 2008 US presidential election and the win-win coalition forged between Barack Obama and his then-rival, Hillary Clinton. As this example demonstrates, if carefully managed, disagreements and diplomatic negotiations can lead to better results than you might expect.
… Read More
Possible: How We Survive (And Thrive) In an Age of Conflict
Ury is sharing his latest insights into negotiation and conflict resolution in a new one-day online course inspired by his upcoming book, Possible. Drawing on more than 45 years of experience, Ury will tell a range of stories matched with practical takeaways, revealing not only how to survive conflict, but how to thrive in it.
… Read More
Negotiation Essentials Online (NEO) Spring, Summer, and Fall 2023 Program Guide
Regardless of your industry, organization, or title, if you are a goal-focused and ambitious individual who is moving up the career ladder and taking on new responsibilities, Negotiation Essentials (NEO) is just the program to get you started.
… Read More
Win-Lose Negotiation Examples
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 Win-Lose Negotiation Examples
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY COURSE | June 10-12, 2024
Our program will feature:
Role plays and negotiation exercises—You’ll have the opportunity to test what you learn by taking part in realistic negotiations with your fellow participants.
One-on-one interaction with top faculty—You’ll have the opportunity to talk one-on-one with negotiation experts from Harvard, and … Read More
Negotiation and Leadership Fall 2023 Program Guide
It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training.
… Read More
Ethics in Negotiations: How to Deal with Deception at the Bargaining Table
You say you would never lie during a negotiation. Your ethical standards are solid—right? But imagine that after spending months looking for a new job, you’ve received an attractive offer to serve as the director of innovation for a growing start-up company.
… Read More
Unlocking Value in Complex Business Deals
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 Unlocking Value in Complex Business Deals
Make the Most of Online Negotiations
We said goodbye to breakfast meetings, client lunches, and after-work happy hours. Goodbye to handshakes, fist bumps, and pats on the back. Goodbye to the boots-on-the-ground sales game as we knew it, and hello to Zoom calls and text messaging.
To make matters even more difficult, the economy started to trend downwards—and so did the … Read Make the Most of Online Negotiations
How to Counteroffer in Business Negotiation
Imagine you’ve received a salary offer for a new job that’s less than you’d hoped for, or a client has delivered a “take it or leave it” ultimatum. While there is ample advice available to negotiators on how to make the first offer in negotiation, the question of how to counteroffer in business negotiations often … Read How to Counteroffer in Business Negotiation
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY COURSE | May 6-8, 2024
Our program will feature:
Role plays and negotiation exercises—You’ll have the opportunity to test what you learn by taking part in realistic negotiations with your fellow participants.
One-on-one interaction with top faculty—You’ll have the opportunity to talk one-on-one with negotiation experts from Harvard, and … Read More
Managing Multiparty Negotiations
If you’re in a negotiation with many parties who have varying positions, it may be tempting to join a coalition with parties who share at least some of your goals. But should you join one?
… Read Managing Multiparty Negotiations
Power in Negotiation: Research You Can Use
What sources of power in negotiation do you think are especially important when it comes to getting what you want and building a fruitful long-term business partnership?
Having abundant material resources is one common source of power in negotiation. So is having high status in an organization. One of the most important measures of power is … Read Power in Negotiation: Research You Can Use
Negotiating When Parties have Diverse, Deeply Held Convictions
Bonus day for May Negotiation and Leadership program.
To help you address conflict-fueled scenarios, this program shares real-life techniques for negotiating with parties with opposing views and strategies for building a culture of respect and acceptance. You will explore your own conflict management strengths and challenges and learn how they can be reshaped for greater effectiveness. … Read More
Getting the Deal Done
Negotiation is one of the most complex yet important skills to learn. Even individuals who are “born negotiators” need to practice and acquire new strategies to get some deals done. In Getting the Deal Done, you’ll discover bargaining strategies that have been used by many of the world’s most successful leaders.
… Read Getting the Deal Done
Famous Negotiations Cases – NBA and the Power of Deadlines at the Bargaining Table
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 More
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY PROGRAM | April 8-10, 2024
Our program will feature:
Role plays and negotiation exercises—You’ll have the opportunity to test what you learn by taking part in realistic negotiations with your fellow participants.
One-on-one interaction with top faculty—You’ll have the opportunity to talk one-on-one with negotiation experts from Harvard, and … Read More
Salary Negotiations
Salary negotiations are often stressful and challenging. But with the right strategies, you can negotiate your employment terms with ease. In Salary Negotiations: 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 Salary Negotiations
Solutions for Avoiding Intercultural Barriers at the Negotiation Table
Even with a common language and the best of intentions, business negotiators from different cultures face special challenges. Try these solutions for avoiding intercultural barriers when preparing for negotiation between two companies from different cultures:
… Read More
Practical Lessons from Great Negotiators
Bonus day for April Negotiation and Leadership program.
In this fascinating one-day session, you’ll have the rare opportunity to explore how remarkable negotiators overcame their most formidable challenges—and how to apply these lessons in your own negotiations.
… Read Practical Lessons from Great Negotiators
Overcoming Cultural Barriers in Negotiation
Learn how to better understand cultural differences—and improve your working relationships—with Negotiation Training: Overcoming Cultural Barriers in Negotiations.
… Read Overcoming Cultural Barriers in Negotiation
Negotiation Training: What’s Special About Technology Negotiations?
Executives are increasingly faced with the task of negotiating in a realm that many know little about: technology.
… Read More
Negotiating When Parties have Diverse, Deeply Held Convictions
To help you address conflict-fueled scenarios, this program shares real-life techniques for negotiating with parties with opposing views and strategies for building a culture of respect and acceptance. You will explore your own conflict management strengths and challenges and learn how they can be reshaped for greater effectiveness.
… Read More
Negotiation Training: How Harvard Negotiation Exercises, Negotiation Cases and Good Negotiation Coaching Can Make You a Better Negotiator
Discover how to refine your negotiation skills with this free special report, Negotiation Training: How Harvard Negotiation Exercises, Negotiation Cases and Good Negotiation Coaching Can Make You a Better Negotiator, from Harvard Law School.
… Read More
Should Women “Lean In” to Create More Value in Negotiations?
Back in early 2008, Facebook founder and CEO Mark Zuckerberg began thinking about hiring Sheryl Sandberg, a vice president at Google and a former chief of staff for the U.S. Department of the Treasury, as the social-media company’s new chief operating officer. The two met several nights a week for almost two months to discuss … Read More
Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – November 13-15, 2023
Strictly limited to 60 participants who have completed a prior course in negotiation, this first-of-its-kind program offers unprecedented access to experts from Harvard Law School, Harvard Business School, and the Harvard Kennedy School—all of whom are committed to delivering a transformational learning experience.
… Read More
BATNA Basics: Boost Your Power at the Bargaining Table
Perfect your negotiation skills in this free special report, BATNA Basics: Boost Your Power at the Bargaining Table from Harvard Law School.
… Read More
Negotiated Agreements: Why You Should Limit Your Options
A process of finding your counterparts interests and reconciling them with your own. But what if you or your counterpart presents a myriad of options and offers at the negotiation table?
… Read More
Negotiation Essentials Online – November 29-30, 2023
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
Business Negotiation Strategies: How to Negotiate Better Business Deals
Written by some of the nation’s foremost experts in negotiation, Business Negotiation Strategies: How to Negotiate a Better Business Deal gives you the tools you need to navigate even the stickiest business deals.
… Read More
Teaching the Fundamentals: The Best Introductory Negotiation Role Play Simulations
Introductory negotiation courses are taught in law and business schools around the world, but are also increasingly taught to undergraduates and in all types of corporate settings. No matter the context, though, the basic elements of negotiation are roughly similar. Teaching interest-based negotiation, the Zone of Possible Agreement (ZOPA), the Best Alternative to a Negotiated … Read More
NEW! Harvard Mediation Intensive
Led by mediation experts Audrey Lee and Alain Lempereur, the Harvard Mediation Intensive delves into mediation principles and processes through interactive presentations and hands-on exercises. From employment and business disagreements to public and international conflicts, you will discover effective ways to enable parties to settle their differences across a variety of contexts.
… Read NEW! Harvard Mediation Intensive
Business Crisis Management: Crisis Communication Examples and How to Use Police Negotiation Techniques
In this free special report negotiation experts offers advice on how to turn crisis situations into collaborative negotiations. Throughout the report, you will discover how to apply the lessons of professional hostage negotiators, avoid disasters through careful planning, diffuse tensions with angry members of the public, and break through impasse with open communication.
… Read More
Dressing for Success: How Wealth and Status Cues Affect Business Negotiation
In business negotiations, we know we’re supposed to focus on substance: which issues matter to both sides, what each party can afford, what each side’s outside alternatives are, how to build a strong relationship, and so forth. Yet we’re often swayed by more superficial, often irrelevant aspects of negotiation, such as the shape of the table, whether … Read More
Negotiation and Leadership: Dealing with Difficult People and Problems
IN-PERSON
THREE-DAY COURSE | December 4-6, 2023 Negotiation and Leadership: Dealing with Difficult People and Problems BONUS DAY | December 7, 2023 The Art of Saying No: Save the Deal, Save the Relationship, and Still Say No
Three-Day Program Agenda
Negotiation and Leadership: Dealing with Difficult People and Problems
DAY 1: Monday, December 4, 2023UNDERSTANDING KEY NEGOTIATION CONCEPTS
MORNING:
Registration, Continental Breakfast and … Read More
The New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation
This report reveals how wise negotiators extract unexpected value using an indirect approach to conflict management. An aggressive management style can set you up for repeated failure. Direct conflict management approaches can be overly combative and counter-productive. Experienced negotiators know that compromise seldom succeeds. Win/lose is really lose/lose. The best negotiation strategy results in … Read More
Negotiation Tactics, BATNA and Examples for Creating Value in Business Negotiations
Learning great BATNA examples, or estimations of your best alternative to a negotiated agreement as well as that of your negotiating counterpart, are essential to effective negotiation strategies. When preparing to negotiate, always take time to consider these important questions.
… Read More
Negotiation and Leadership: Dealing with Difficult People and Problems
IN-PERSON
THREE-DAY COURSE | October 23-25, 2023 Negotiation and Leadership: Dealing with Difficult People and Problems BONUS DAY | October 26, 2023 Leveraging the Power of Emotions As You Negotiate
Three-Day Program Agenda
Negotiation and Leadership: Dealing with Difficult People and Problems
DAY 1: Monday, October 23, 2023UNDERSTANDING KEY NEGOTIATION CONCEPTS
MORNING:
Registration, Continental Breakfast and Overview
8:00 a.m. – 9:00 a.m. ET
Negotiation Fundamentals: … Read More
Dealing with Difficult People
Top help you handle difficult people, our free, special report Dealing with Difficult People is packed full of concrete tips and strategies. Discover how to collaborate, negotiate, and bargain with even the most combative opponents.
… Read Dealing with Difficult People
Conflict Management: Intervening in Workplace Conflict
Question: I’m aware of lots of unresolved personnel issues that seem to be festering in my department, such as complaints about someone who is not doing his share of the work, another person whose griping is causing a drop in morale, and two coworkers who can’t seem to get along. I’m comfortable negotiating with customers, … Read More
Semester Mediation and Conflict Management – Online
This highly-interactive, online course is designed to raise your awareness of your own approach to conflict, introduce a range of theories about mediation and participatory processes, and improve your conflict management skills. While we will discuss a wide range of dispute resolution processes that involve third parties, we will focus on mediation.
… Read More
Dealmaking: Secrets of Successful Dealmaking in Business Negotiations
Discover how to boost your power at the bargaining table in this free special report, Dealmaking: Secrets of Successful Dealmaking in Business Negotiations, from Harvard Law School.
… Read More
Dealmaking and the Anchoring Effect in Negotiations
The following question regarding the anchoring effect was asked of Program on Negotiation faculty member and Harvard Business School and Harvard Law School professor Guhan Subramanian.
… Read More
Negotiation Workshop: Improving Your Negotiating Effectiveness
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
Negotiate Strong Relationships at Work and at Home
The experts and editors from Harvard’s Program on Negotiation offer a sampling of advice to help you learn to foster relationships by building rapport, manage conflict in long-term relationships and negotiate business decisions with family members.
… Read More
Are Salary Negotiation Skills Different for Men and Women?
Most negotiators don’t engage in the kinds of high-stakes bargaining we read about in publications such as The Wall Street Journal and The Financial Times, but almost every negotiator will need advanced salary negotiation skills during the course of her career to deal with a scenario that is, in many ways, the definition of a … Read More
Negotiation Workshop: Strategies, Tools, and Skills for Success
Course Dates: This course is closed
Turn disputes into deals. Transform deals into better deals. Resolve intractable problems. Negotiating effectively requires the ability to change the game – moving away from conflict and toward collaboration. In this intensive, interactive program, you acquire a proven framework for maximizing the value of your negotiation.
… Read More
Harborco: Role-Play Simulation
Harborco is a consortium of development, industrial, and shipping concerns that are eager to proceed with the building of a new port, but face hurdles and potential opposition as they advance through the licensing process. The Federal Licensing Agency would like to see them work with other stakeholders to develop a project that is acceptable … Read Harborco: Role-Play Simulation
Michael Scott, Negotiation Genius? Lessons from TV Negotiations
Business negotiators can get useful advice from a variety of sources, from books to blogs to training and classes—and even, as it turns out, from TV shows. As you may have noticed, negotiations frequently play out on TV: from hostage negotiators on police procedurals to fast-talking lawyers in corporate boardrooms to the real-life entrepreneurs and … Read More
Secrets of Successful Dealmaking
Course Dates: This course is closed
In corporate dealmaking, much of the action happens away from the negotiating table. Successful dealmakers understand that deal set-up and design greatly influence negotiation outcomes. In this program, you will examine the legal, tactical, and structural elements of dealmaking and acquire practical skills and techniques for navigating difficult tactics and … Read Secrets of Successful Dealmaking
International Negotiations: Cross-Cultural Communication Skills for International Business Executives
In this Special Report, we offer expert advice to help you in international negotiations. You will learn to cope with culture clashes, weigh culture against other important factors, prepare for possible cultural barriers and much more.
… Read More
Negotiations and Logrolling: Discover Opportunities to Generate Mutual Gains
Logrolling is the act of trading across issues in a negotiation. Logrolling requires that a negotiator knows his or her own priorities, but also the priorities of the other side. If one side values something more than the other, they should be given it in exchange for reciprocity on issues that are a higher priority … Read More
Negotiating Difficult Conversations: Dealing with Tough Topics Productively
Course Dates: This course is closed
When negotiations become difficult, emotions often escalate and talks break down. To overcome barriers and turn negotiations from difficult to collaborative, from breakdown to breakthrough, you must learn to understand the inter- and intra-personal dynamics at play. In this program, you will examine how your own assumptions and behaviors can … Read More
Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts
In this Special Report, the experts and editors from Harvard’s Program on Negotiation offer a sampling of advice from past issues of Negotiation to help you learn the techniques you need to resolve your disputes through mediation. You will learn to select the right dispute-resolution process, choose a mediator with appropriate expertise, learn the steps … Read More
What Is Collective Leadership?
When we think of successful leaders, we typically envision a solitary person—a president, CEO, or entrepreneur—drawing on their vision, charisma, and drive to inspire and direct others. As our world grows increasingly more connected and complex, however, this top-down approach to leadership is becoming increasingly outdated.
… Read What Is Collective Leadership?
Semester Negotiation and Dispute Resolution Online
This virtual and highly interactive semester-length seminar explores the ways that people negotiate to create value and resolve disputes. Designed to improve understanding of negotiation theory and build negotiation skills, the curriculum integrates negotiation research from several academic fields with experiential learning exercises. In light of the COVID-19 pandemic, all sessions will be delivered live.
… Read More
Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator
Students who master business negotiation become better leaders. But it starts with building the right skills. And that’s where our latest free report comes in. In Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, you’ll learn:
… Read More
10 Negotiation Failures
Here’s a list of 10 negotiation failures drawn from recent negotiations in the news—including deals that were over before they started and those that proved disastrous after the ink had dried. These cautionary tales offer ample lessons to business negotiators.
… Read 10 Negotiation Failures
Negotiation Strategies for Women: Secrets to Success
Whether you’re a woman or a man, you’ve probably seen gender gaps in the workplace and wondered how to overcome them. In Negotiation Strategies for Women: Secrets to Success, you’ll find critical ways to help women negotiators advance.
… Read More
Why Negotiations Fail
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
Real Leaders Negotiate: Understanding the Difference Between Leadership and Management
In this FREE special report, we offer advice to help you improve your leadership and negotiation skills.
… Read More
Sales Negotiation Techniques
In sales negotiations, making the first offer is often a smart move. The first offer can anchor the discussion that follows and can have a powerful effect on the final outcome.
… Read Sales Negotiation Techniques
Sales Negotiation Training: Essential Negotiation Skills for Sales Professionals
In this Special Report, we offer expert advice to help you close your most important sales negotiations.
… Read More
Asynchronous Learning: Negotiation Exercises to Keep Students Engaged Outside the Classroom
Asynchronous role-play simulations teach valuable negotiation skills outside of a typical class format.
Asynchronous learning is a term used to describe education, instruction, or learning that does not occur in the same time or place. Asynchronous learning uses resources that facilitate knowledge sharing outside the constraints of time and place among a group of people. Using … Read More
Team-Building Strategies: Building a Winning Team for Your Organization
Discover how to build a winning team, find an effective negotiation “coach,” budget for negotiations training and boost your business negotiation results in this free special report from Harvard Law School.
… Read More
Salary Negotiations in the Era of Fair-Pay Laws
In recent years, some U.S. states have passed fair-pay laws that affect salary negotiations in the workplace. California, for example, passed a law in 2015 that requires all employers operating in the state to prove they pay employees of different genders equally for “substantially similar” work, according to the Wall Street Journal.
… Read Salary Negotiations in the Era of Fair-Pay Laws
Training Women to Be Leaders: Negotiating Skills for Success
In this Special Report, we offer advice to help women develop the negotiation skills essential to career advancement, and to help organizations encourage women employees to be more effective at the bargaining table. You will learn what hold women back from asking for more, the link between gender and flexible work arrangements, how women can … Read More
Try a Contingent Contract if You Can’t Agree on What Will Happen
In negotiation, all the goodwill, trust, and cooperation you create can seem useless if you and your negotiating counterpart disagree about how future events may play out. In such cases, a contingent contract can be a highly useful, though widely overlooked, tool for creating value in negotiation.
… Read More
Win-Win or Hardball: Learn Top Strategies from Sports Contract Negotiations
In this Special Report, we offer advice from the world of sports to help you navigate your most important negotiations. You will learn to get your head in the game, manage team dynamics, and get a competitive edge.
… Read More
The Right Negotiation Environment: Your Place or Mine?
Everyone knows the three rules of real estate: “Location! Location! Location!” When it comes to making deals, choosing the right negotiation environment can be just as important. The location you select can dramatically affect the ensuing process and, ultimately, the end result.
… Read More
Teaching Negotiation: Understanding The Impact Of Role-Play Simulations
Negotiation can be challenging. And so can teaching it! At the Program on Negotiation (PON) at Harvard Law School, we help educators, scholars and practitioners like you learn how to more effectively teach negotiation.
Notably, role-play simulations are a particularly useful way to facilitate experimentation and introduce participants to new dispute resolution tools, techniques and … Read More
Winner’s Curse: Negotiation Mistakes to Avoid
Imagine that at the beginning of class, a professor produces a jar full of coins and announces that he is auctioning it off. Students can write down a bid, he explains, and the highest bidder wins the contents of the jar in exchange for his or her bid.
… Read Winner’s Curse: Negotiation Mistakes to Avoid
How Does Mediation Work in a Lawsuit?
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 How Does Mediation Work in a Lawsuit?
Four Negotiation Examples in the Workplace That Sought Greater Equity and Diversity
There are a number of infamous negotiation examples in the workplace, but one most notable instance occurred in March 2018, when more than 700 Canadian doctors, residents, and medical students signed an online petition protesting their pay.
… Read More
Teaching Mediation: Exercises to Help Students Acquire Mediation Skills
Often, disputing parties are unable achieve satisfactory or sustainable outcomes on their own through direct negotiation, and require the assistance of a mediator or facilitator. Mediators can help parties involved in a dispute through examining the issues at hand, uncovering the parties’ underlying interests, and identifying creative solutions. To act as mediator requires a great … Read More
For Women Negotiating Salary, “Do It Yourself” Sends the Wrong Message
For women negotiating salary, a stubborn statistic has persisted for decades: They earn significantly less than men. In 2017, the average woman took home only about 82 cents for every dollar earned by a man, according to the Pew Research Center. Women are also much less likely than men to be found in top leadership … Read More
Negotiation Advice for Buying a Car: Tips for Improving Your Negotiating Position
How can you negotiate the best possible price for a new car? This is a common negotiation question, and naturally so. A car is one of the most significant purchases you’ll ever make—and the price is almost always negotiable. Here are a few tips to improve your performance:
… Read More
Identify Your Negotiation Style: Advanced Negotiation Strategies and Concepts
Have you ever wondered if your negotiation style is too tough or too accommodating? Too cooperative or too selfish? You might strive for an ideal balance, but, chances are, your innate and learned tendencies will have a strong impact on how you negotiate.
… Read More
Mediation and the Conflict Resolution Process
It’s often the case that when two people or organizations try to resolve a dispute by determining who is right, they get stuck. That’s why so many disputes end up in court. There is a better way to resolve your dispute: by hiring an expert mediator who focuses not on rights but on interests—the needs, … Read Mediation and the Conflict Resolution Process
Use a Negotiation Preparation Worksheet for Continuous Improvement
When determining the best alternative to a negotiated agreement or BATNA (the point at which the negotiators ought to walk away from the table), executives should check in with key organizational leaders.
… Read More
A Bad Faith Negotiation Strategy Falls Apart
For some New York politicians, Amazon’s announcement on December 6, 2019, that it was leasing office space in Midtown Manhattan for more than 1,500 employees was proof of their bad faith negotiation efforts. It also offered an irresistible opportunity to say, “I told you so.”
… Read A Bad Faith Negotiation Strategy Falls Apart
Mediation Training: What Can You Expect?
Organizations have long recognized the value of hiring professional mediators to help resolve disputes. More and more, managers have begun to also see value in securing mediation training for themselves and their employees. Although there are times when the services of an unbiased, professional mediator are needed, there may also be instances in which employees … Read Mediation Training: What Can You Expect?
Managing Cultural Differences in Negotiation
It’s important to educate yourself about your counterpart’s culture so that you don’t risk offending her or seeming unprepared. At the same time, it would be a mistake to focus too narrowly when preparing for cross-cultural communication in business. Research on international negotiation can help us think more broadly when it comes to managing cultural … Read Managing Cultural Differences in Negotiation
Counteracting Negotiation Biases Like Race and Gender in the Workplace
To learn more about negotiation biases, let’s look back to July of 2018 when the principal flutist of the Boston Symphony Orchestra (BSO), Elizabeth Rowe, became the first Massachusetts resident to sue her employer under a new state law designed to address the persistent pay gap between men and women.
… Read More
Four Conflict Negotiation Strategies for Resolving Value-Based Disputes
In many negotiations, both parties are aware of what their interests are, and are willing to engage in a give-and-take process with the other party to come to agreement.
… Read More
Register Now for the PON 40th Anniversary Symposium and Gala! Space is Limited
Celebrate our past, present, and future on Saturday, December 9th at two very special events for the Program on Negotiation 40th Anniversary
What began in 1983 as a small research project is now recognized as the world’s premier hub for negotiation training, pedagogy and scholarship. And that’s something to celebrate. Please join us in Cambridge to commemorate … Read More
Taylor Swift: Negotiation Mastermind?
What should you do when a negotiation is crumbling? Some people redouble their efforts—conducting more research, holding longer meetings, and scraping together more financing. Others look around for a better deal away from that particular negotiating table—that is, they explore their best alternative to a negotiated agreement, or BATNA. As Matthew Belloni reports for Puck, … Read Taylor Swift: Negotiation Mastermind?
Conflict Resolution Examples in History: Learning from Nuclear Disarmament
What lessons can we learn from conflict resolution examples in history? The world of nuclear nonproliferation can be a valuable place to start, as few negotiations throughout history have had higher stakes.
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How to Negotiate with Friends and Family
“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 How to Negotiate with Friends and Family
6 Bargaining Tips and BATNA Essentials
The best bargaining tips taught by the experts should offer ways to enhance your bargaining power in negotiation. To do this, you must cultivate a strong BATNA, or best alternative to a negotiated agreement. The more appealing your best alternative is, the more comfortable you will feel asking for more in your current negotiation—secure in … Read 6 Bargaining Tips and BATNA Essentials
Using E-Mediation and Online Mediation Techniques for Conflict Resolution
Suppose you want to hire a mediator to help you resolve a conflict that you’re having with an individual or a company, but for various reasons, meeting face-to-face would be difficult. That’s where online mediation comes in.
… Read More
Distributive Bargaining Strategies
Wise negotiators recognize the value of both collaborating and competing at the bargaining table. They look for ways to increase the pie of value for all parties, often by identifying differences across issues and making tradeoffs. And they also rely on distributive bargaining strategies to try to claim as much of that larger pie for … Read Distributive Bargaining Strategies
Learn from the Best with the Great Negotiator Case Studies
No one can provide perspective on conflict resolution like experts who have been involved in some of the world’s most complex negotiations. Since 2001, the Program on Negotiation (PON) has bestowed the Great Negotiator Award upon distinguished leaders whose lifelong accomplishments in the fields of negotiation and dispute resolution have had compelling and lasting results.
The Great … Read More
Team Negotiation: Tackle Common Pitfalls
When a team negotiates on behalf of an organization, it can often achieve more than an individual would, thanks to team members’ cumulative knowledge and experience. Yet team negotiation can create new problems. Groupthink—the tendency to go along with the dominant point of view rather than challenging it—can promote overly simplistic decision making in teams … Read Team Negotiation: Tackle Common Pitfalls
MESO Negotiation: The Benefits of Making Multiple Equivalent Simultaneous Offers in Business Negotiations
In MESO, negotiation in which multiple offers are presented simultaneously at the negotiation table, effective negotiators seek opportunities to create value. By making tradeoffs across issues, parties can obtain greater value on the issues that are most important to them.
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How to Negotiate via Text Message
Do you negotiate via text message? If you’re a young person early in your career, there’s a good chance you could easily pull up message strings full of discussions about issues and offers. If you’re a little older, you might have answered no.
… Read How to Negotiate via Text Message
Using Body Language in Negotiation
Negotiation experts typically advise us to meet with our counterparts in person whenever possible rather than relying on the telephone or Internet. As convenient as electronic media may be, they lack the visual cues that help convey valuable information and forge connections in face-to-face talks. Without access to gestures and facial expressions, those who negotiate … Read Using Body Language in Negotiation
The Importance of Relationship Building in China
Although most Americans treat those they know differently than they treat strangers, Chinese relationship building towards insiders and outsiders tends to be more extreme than in the United States – and therefore more important in negotiations in China than many Americans understand.
… Read The Importance of Relationship Building in China
How to Control Your Emotions in Conflict Resolution
To guard against acting irrationally or in ways that can harm you, authors of Beyond Reason: Using Emotions As You Negotiate Roger Fisher and Daniel Shapiro advise you to take your emotional temperature during a negotiation. Specifically, try to gauge whether your emotions are manageable, starting to heat up, or threatening to boil over.
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The Best New Simulations
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 Logistics: Best Practices for Better Deals
Negotiators are often so intent on preparing for the substance of a negotiation—researching the other party, analyzing their alternatives, and so on—that they neglect to devote adequate time to critical negotiation logistics, such as where to negotiate, how formal or informal talks should be, and even the shape of the negotiating table.
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Negotiation Preparation Strategies
When an important negotiation is looming, “winging it” is never the answer. The best negotiators engage in thorough negotiation preparation. That means taking plenty of time to analyze what you want, your bargaining position, and the other side’s likely wants and alternatives.
… Read Negotiation Preparation Strategies
Negotiation in Business: Apple and Samsung’s Dispute Resolution Case Study
For two days in late May 2012, Apple CEO Tim Cook and Samsung CEO Gee-Sung Choi met with a judge in the U.S. District Court of Northern California in an attempt to reach a settlement in a high-profile U.S. patent case, a sobering example of negotiation in business.
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Using Principled Negotiation to Resolve Disagreements
Parties can often reach a better agreement through integrative negotiation—that is, by identifying interests where they have different preferences and making tradeoffs among them. If you care more about what movie you see tonight, but your friend cares more about where you have dinner, for example, you can each get your preference on the issue … Read More
When a Job Offer is “Nonnegotiable”
Question: I am in my final year of business school and starting to prepare for job interviews. I have heard many of the organizations that recruit on campus are not open to negotiating specific terms of employment. Rather, they offer everyone roughly the same deal terms. To what extent should I respect such conventions versus … Read When a Job Offer is “Nonnegotiable”
Business Conflict Management
In the business world, workplace disputes are all too common. Consider these real-life conflict scenarios: a group of employees who, working overtime to make up for staff shortages, complain to their manager that they aren’t getting paid enough for the extra time. A colleague confides about his boss’s verbal abuse. Two employees argue openly about … Read Business Conflict Management
New Simulation: International Business Acquisition Negotiated Online
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
10 Real-World Negotiation Examples
Real-world negotiation examples can help us learn from the past and avoid repeating others’ mistakes. Here’s a recap of 10 recent real-world negotiation examples across government and industry that provide negotiation lessons for all business negotiators.
… Read 10 Real-World Negotiation Examples
Negotiation Team Strategy
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 Negotiation Team Strategy
Expanding the Pie: Integrative versus Distributive Bargaining Negotiation Strategies
Imagine that you’re buying a used car from its original owner. Of course, you want to get the best deal you can for your money, while your counterpart wants to maximize the value of his asset. After haggling with one another, each side finally arrives at a price point acceptable to both parties. But how … Read More
Cross Cultural Negotiations in International Business: Four Negotiation Tips for Bargaining in China
What special insights do outsiders need to prepare for international negotiations in China? Much of what you know already about negotiation holds true, but four characteristics complicate business negotiation in China.
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How to Counter Offer Successfully With a Strong Rationale
In negotiation, some justifications are more persuasive than others, research suggests. And learning how to counter offer in the right way can make significant differences in outcomes.
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New Simulation: Negotiating a Management Crisis
How do you negotiate an internal management conflict in the face of looming crisis and a deep loss of trust? In Discord at the Daily Herald, a new simulation from the Teaching Negotiation Resource Center (TNRC), the co-owners of the Daily Herald must grapple with these issues or face the complete dissolution of their partnership … Read New Simulation: Negotiating a Management Crisis
Dispute Resolution: Building Momentum through Small Wins
Sometimes disputes are left to fester for years, even decades, until parties decide there is something to be gained from reaching agreement. In 2015, the nations of Bangladesh and India seized on an opportunity to push the “restart” button on a contentious border disagreement through dispute resolution. Such international conflict resolution examples can illustrate how … Read More
Negotiation in Business: Starbucks and Kraft’s Coffee Conflict
Sometimes even the best agreements arising out of negotiation in business and are liable to failure and such is the case with the dispute between food giants Starbucks and Kraft (now Kraft-Heinz).
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The Star Wars Negotiations and Trust at the Negotiation Table
What is negotiation in business? Negotiation research has identified it as a process of building trust and negotiation tactics for building trust at the bargaining table have proven effective in helping negotiators create, and claim, more value out of dealmaking scenarios.
… Read More
Alternative Dispute Resolution (ADR) Training: Mediation Curriculum
In 2009, we collected many types of curriculum materials from teachers and trainers who attended the Mediation Pedagogy Conference. We received general materials about classes on Alternative Dispute Resolution (ADR) as well as highly specific and idiosyncratic units like Conflict Resolution through Literature: Romeo and Juliet and a negotiating training package for female managers … Read More
Employee Mediation Techniques – Resolve Disputes and Manage Conflict with These Mediation Skills
If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported.
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What is Crisis Management in Negotiation?
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?
Aggressive Negotiation Tactics: Threats at the Bargaining Table
On August 3, 1981, 12,000 air-traffic controllers went on strike after negotiations with the federal government about wages, hours, and benefits broke down.
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Beyond Walking Away: Facing a Hardball Strategy Head-on
In 2014, prosecutors for the United States alleged that Jesse Litvak, a former bond trader for Jefferies & Co., of using a hardball strategy that included lies and deception to defraud investors of more than $2 million. At the trial in U.S. District Court in New Haven, Conn., prosecutors argued that Litvak defrauded investors by … Read More
How Much Does Personality in Negotiation Matter?
We tend to have strong intuitions about which personality traits help or hurt us in negotiation, but does research on the topic confirm our hunches? Does personality in negotiation matter?
… Read How Much Does Personality in Negotiation Matter?
Cultural Barriers and Conflict Negotiation Strategies: Apple’s Apology in China
When dealing with a difficult counterpart, it helps to take a conciliatory approach to the bargaining table. While apologies necessarily involve moments of vulnerability, they can also open doors to value creation and strengthen the relationship you have with your bargaining counterpart. Let’s look back at Apple’s apology in China for its maligned warranty policies … Read More
Advanced Negotiation Strategies and Concepts: Hostage Negotiation Tips for Business Negotiators
Upset by a delay in the delivery of one of your products, a longtime buyer threatens to turn to the media unless you meet his extreme demands. Not only is the relationship in jeopardy, but your company’s reputation seems to be as well. What should you do? Turn to some tried and true hostage negotiation … Read More
Framing in Negotiation
So, you’ve offered what you think is a great deal, but your counterpart doesn’t seem to agree. What’s the problem? The offer may be excellent—it’s how you’ve approached framing in negotiation that’s holding you back.
… Read Framing in Negotiation
Value Claiming in Negotiation
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 Value Claiming in Negotiation
Ripeness Theory in Dispute Resolution: Seizing the Day
The longer a dispute drags on, the less likely a collaborative solution often appears to be. But that view may be pessimistic: At a certain point, the time will be ripe for agreement. A labor dispute between the Minnesota Orchestra’s musicians and management highlights negotiation mistakes that can drive us apart—and ripeness theory suggests how … Read More
Understanding Different Negotiation Styles
In the business world, some negotiators always seem to get what they want, while others more often tend to come up short. What might make some people better negotiators than others? The answer may be in part that people bring different negotiation styles and strategies to the bargaining table, based on their different personalities, experiences, … Read Understanding Different Negotiation Styles
How to Negotiate in Cross-Cultural Situations
Figuring out how to negotiate in cross-cultural situations can seem like a daunting endeavor, and for good reason. Negotiating across the cultural divide adds an entire dimension to any negotiation, introducing language barriers, differences in body language and dress, and alternative ways of expressing pleasure or displeasure with the elements of a deal. As a … Read How to Negotiate in Cross-Cultural Situations
How to Negotiate in Good Faith
Have you ever negotiated with someone who seemed intent on sabotaging the negotiation or taking unfair advantage? If so, you would benefit from learning more about what it mean to negotiate in good faith.
… Read How to Negotiate in Good Faith
Famous Negotiators: Angela Merkel and Vladimir Putin
At a January press conference last year, German chancellor Angela Merkel dangled a carrot in front of Russian president Vladimir Putin: the possibility of a summit in Kazakhstan aimed at easing the Ukraine crisis, to be attended by her and the leaders of France and Ukraine. That carrot, however, was dangling from a significant string.
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Dear Negotiation Coach: Dealing with an Exploding Offer
Question: I was recently laid off from my longtime job and am back on the market. I received a pretty good offer (Job A) but was being considered for a more interesting, higher-paying job (Job B) at the same time. The recruiter for Job A told me the company needed an answer within two days, … Read More
For Greater Value Creation, Look Beyond Your BATNA
For value creation in negotiation, you may need to look beyond your greatest source of power. You may have learned— perhaps in this newsletter or in Roger Fisher, William Ury, and Bruce Patton’s landmark negotiation book Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 1991)—that your most powerful asset is often a strong BATNA, or … Read More
Cross-Cultural Communication in Business Negotiations
When preparing for cross-cultural communication in business negotiations, we often think long and hard about how our counterpart’s culture might affect what he says and does at the bargaining table.
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What Is an Umbrella Agreement?
Business negotiators tend to want the best of both worlds. When reaching an agreement, they want to pin down parties’ respective rights and responsibilities, but they also want to retain the flexibility they need to deal with ever-changing business conditions. One solution to this apparent dilemma is to craft an umbrella agreement.
… Read What Is an Umbrella Agreement?
Use Integrative Negotiation Strategies to Create Value at the Bargaining Table
How can you uncover additional value, make useful trades, and put together a package that exceeds your party’s expectations? Here are four integrative negotiation strategies for value creation that all negotiators should add to their toolkit.
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Value Conflict: What It Is and How to Resolve It
Some of our most heated negotiations and disputes involve value conflict over our core values, such as our personal moral standards, our religious and political beliefs, and our family’s welfare.
… Read Value Conflict: What It Is and How to Resolve It
Bargaining in Bad Faith: Dealing with “False Negotiators”
We tend to forget—at our peril—that not everyone at the bargaining table wants to close a deal and may be bargaining in bad faith.
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Taking the Plunge: How a Controversial Business Partnership Agreement was Born
“A huge mistake.” “A shot in the dark.” “An audacious move.” Those are just a few of the media’s characterizations of the business partnership agreement between wireless carrier AT&T and media and entertainment firm Time Warner (now known as WarnerMedia). It was the biggest merger of 2016, with $85.4 billion in cash and stock transferring … Read More
Negotiation Examples in Real Life: Buying a Home
While many of our articles discuss negotiation theory and the latest research, sometimes it helps to discuss negotiation examples in real life when offering negotiation tips and advice. The following negotiation example is based on bargaining in real estate, a negotiation scenario many of us may face in our lifetime.
… Read Negotiation Examples in Real Life: Buying a Home
What is a Win-Win Negotiation?
In an episode of the American television show The Office, bumbling manager Michael Scott consults with a manual on conflict resolution while attempting to mediate a dispute between two of his subordinates, Angela and Oscar. After Scott explains that there are five approaches to resolving conflict, beginning with “win-lose,” an annoyed Angela interrupts: “Can we … Read What is a Win-Win Negotiation?
In Real-Life Conflict Scenarios, Promote Constructive Dissent
Real-life conflict scenarios can keep groups from being effective. But at a press conference on March 6, Trump suggested that any conflict within the White House has been beneficial: “I like conflict. I like having two people with different points of view, and I certainly have that, and I make a decision. But I like … Read More
Police Negotiation Techniques from the NYPD Crisis Negotiations Team
Few negotiators can imagine negotiation scenarios more stressful than the kinds of crisis negotiations the New York City Police Department’s Hostage Negotiation Team undertake. But police negotiation techniques employed by the New York City Police Department’s Hostage Negotiations Team (HNT) in high-stakes, high-pressure crisis negotiation situations, outlined in an article from Jeff Thompson and Hugh … Read More
What Is Distributive Negotiation?
What is distributive negotiation? Distributive negotiation involves haggling over a fixed amount of value—that is, slicing up the pie. In a distributive negotiation, there is likely only one issue at stake, typically price. When you are negotiating with a merchant in a foreign bazaar, or over a used car closer to home, you are generally … Read What Is Distributive Negotiation?
5 Tips for Improving Your Negotiation Skills
The prospect of boosting our negotiation skills can be so overwhelming that we often delay taking the necessary steps we can follow to improve, such as taking time to prepare thoroughly. The following five guidelines will help you break this daunting task into a series of manageable—and often essential—strategies.
… Read 5 Tips for Improving Your Negotiation Skills
Ask Better Negotiation Questions
Asking questions can reveal a wealth of valuable information in negotiation. Yet most negotiators do not ask enough questions or share enough information, instead choosing to devote most of their time at the table to arguing or defending their positions.
… Read Ask Better Negotiation Questions
Win Win Negotiation: Managing Your Counterpart’s Satisfaction
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.
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Labor Negotiation Strategies
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 Labor Negotiation Strategies
Check Out the All-In-One Curriculum Packages!
Introducing a new way to go in-depth when teaching the most important negotiation concepts and to measure learning outcomes.
If you are new to teaching negotiation or are looking to go in-depth on teaching key concepts, the All-In-One Curriculum Package will provide you with everything you need. The Teaching Negotiation Resource Center has created All-In-One Curriculum … Read Check Out the All-In-One Curriculum Packages!
The Deal-Making Process: Playing the Long Game
Do you have regrets about the deals that got away? If so, you might be newly motivated by the deal-making process of famed Hollywood movie and television producer Albert S. Ruddy. For 50 years he pursued two pet film projects—each of which finally led to a negotiated agreement and is coming to fruition.
… Read The Deal-Making Process: Playing the Long Game
Negotiation Advice: When to Make the First Offer in Negotiation
When or when not to make the first offer in negotiations is a question many expert negotiators ask themselves when approaching business negotiations, real estate transactions, or even interpersonal negotiations with friends and family. In this article drawn from negotiation research, we offer negotiating skills and negotiation tips for when, and when not, to make … Read More
10 Negotiation Training Skills Every Organization Needs
How can managers and their organizations increase the odds that negotiation training will lead to beneficial long-term results? Here are several pieces of advice, drawn from experts at the Program on Negotiation at Harvard Law School.
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The Good Cop, Bad Cop Negotiation Strategy
The good cop, bad cop negotiation strategy is common in sales negotiations and other competitive contexts. Learn to identify and defuse this persuasion ploy when it’s tried on you.
… Read The Good Cop, Bad Cop Negotiation Strategy
How to Manage Conflict at Work
Sooner or later, almost all of us will find ourselves trying to cope with how to manage conflict at work. At the office, we may struggle to work through high-pressure situations with people with whom we have little in common. We need a special set of strategies to calm tempers, restore order, and meet each … Read How to Manage Conflict at Work
Download Your Next Mediation Video
Use Video Examples to Teach Your Students to Become Better Mediators
Parties engaged in disputes are often unable to reconcile their differences alone, or fail to reach outcomes that are adequate for everyone. Mediators can add a great deal of value by helping parties to efficiently and effectively examine the issues at hand, take the interests … Read Download Your Next Mediation Video
Ethics and Negotiation: 5 Principles of Negotiation to Boost Your Bargaining Skills in Business Situations
Knowing the norms of ethics and negotiation can be useful whether you’re negotiating for yourself or on behalf of someone else. Each ethical case you come up against will have its own twists and nuances, but there a few principles that negotiators should keep in mind while at the bargaining table.
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What is Alternative Dispute Resolution?
So, you’re stuck in a serious dispute, but you’re desperate to avoid the hassle and expense of a court case. You’ve heard about alternative dispute resolution but are not sure what it entails.
… Read What is Alternative Dispute Resolution?
3 Types of Power in Negotiation
Social psychologists have described different types of power that exist in society, and negotiators can leverage these types of power in negotiation as well.
… Read 3 Types of Power in Negotiation
Negotiation Skills: Building Trust in Negotiations
Trust in negotiations may develop naturally over time, but negotiators rarely have the luxury of letting nature take its course. Thus it sometimes seems easiest to play it safe with cautious deals involving few tradeoffs, few concessions, and little information sharing between parties. But avoiding risk can mean missing out on significant opportunities. For this reason, … Read More
Emotions in Negotiation—Insincere and Real
When preparing for negotiation, we often overlook the role that our emotions and our counterpart’s emotions might play in the process. Two studies offer insights into aspects of emotions in negotiation: the risks associated with faking emotions and the anxiety that often accompanies making the first offer.
… Read Emotions in Negotiation—Insincere and Real
How to Find the ZOPA in 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
How to Negotiate a Higher Salary
When considering how to negotiate a higher salary, job candidates often focus on back-and-forth haggling strategies. But it’s at least as important to think about our broader goals, the type of organization we’d be joining, and the best way to frame an offer. The following advice on how to bargain salary should set you up … Read How to Negotiate a Higher Salary
Best Negotiators in History: Nelson Mandela and His Negotiation Style
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.
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Settling Out of Court: Negotiating in the Shadow of the Law
When disputes arise, negotiators face the difficult question of whether to try to reach a settlement on their own or hand decision-making power over to a judge, a jury, or an arbitrator.
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Salary Negotiation: How to Ask for a Higher Salary
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.
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Teaching with Multi-Round Simulations: Balancing Internal and External Negotiations
Whether in business, law, or international diplomacy, many negotiations are actually comprised of a multi-round process with negotiations internal to the organization preceding external ones. Using multi-round negotiation simulations can help students understand the connection between internal and external negotiations, handle more complex scenarios, and better get into their roles. Engaging in a multi-round negotiation … Read More
Negotiation Research: To Curb Deceptive Tactics in Negotiation, Confront “Paranoid Pessimism”
Business negotiators often worry about deceptive tactics in negotiation, and understandably so. The potential for being lied to or swindled can be high in negotiation, given that our counterparts typically have access to information about preferences, alternatives, product quality, and so on, that we lack. Yet research shows that negotiators often behave honestly even when … Read More
Women and Negotiation: Narrowing the Gender Gap in Negotiation
Men tend to achieve better economic results in negotiation than women, negotiation research studies have found overall. Such gender differences are generally small, but evidence from the business world suggests that they can add up over time.
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The Importance of Negotiation in Business and Your Career
What are the essential ingredients to getting ahead in the workplace? Hard work, communication skills, and a generous dose of luck all play a role, of course. Another key ingredient—one that is often overlooked—is the ability to recognize and capitalize on opportunities to negotiate for your career success. Why is negotiation in business important? Because … Read More
Conflict-Management Styles: Pitfalls and Best Practices
People approach conflict differently, depending on their innate tendencies, their life experiences, and the demands of the moment. Negotiation and conflict-management research reveals how our differing conflict-management styles mesh with best practices in conflict resolution.
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Power in Negotiation: How Effective Negotiators Project Power at the Negotiation Table
Negotiating power generally comes from one of three sources, according to Northwestern University professor Adam D. Galinsky and New York University professor Joe C. Magee.
… Read More
Negotiation Techniques: The First Offer Dilemma in Negotiations
The first offer dilemma in negotiations – should you make the first offer? Few questions related to negotiation techniques and negotiation strategies have yielded more academic attention and debate among practitioners in negotiation research.
… Read More
Choose Your Negotiation Agent With Care
A good negotiation agent can be hard to find. Three New York art dealers and a Russian billionaire learned that lesson the hard way in negotiations over the sale of a painting by Leonardo da Vinci, as reported by Bloomberg and the New York Times.
… Read Choose Your Negotiation Agent With Care
Power in Negotiation: The Impact on Negotiators and the Negotiation Process
According to Dacher Keltner of the University of California at Berkeley and his colleagues, power in negotiation affects two primary neurological regulators of behavior: the behavioral approach system and the behavioral inhibition system. Powerful negotiators demonstrate “approach related” behaviors such as expressing positive moods and searching for rewards in their environment.
… Read More
5 Win-Win Negotiation Strategies
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 5 Win-Win Negotiation Strategies
Collective Bargaining Negotiations and the Risk of Strikes
Collective bargaining negotiations help level the playing field between individual employees and management by enabling employees to organize and find strength in numbers. But when collective bargaining negotiations fall apart, the result can be a devastating strike.
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Case Study of Conflict Management: To Resolve Disputes and Manage Conflicts, Assume a Neutral 3rd Party Role
In their book Difficult Conversations: How to Discuss What Matters Most (Penguin Putnam, 2000), authors Douglas Stone, Bruce Patton, and Sheila Heen tell us how to engage in the conversations in our professional or personal lives that make us uncomfortable by examining a case study of conflict management. Tough, honest conversations are critical for managers, … Read More
What is Anchoring in Negotiation?
Consider this anchoring bias example from Harvard Business School and Harvard Law School faculty member Guhan Subramanian. While running a negotiation simulation in one of his classes, Subramanian noticed that one student spent a considerable amount of time explaining why $10.69 per hour would be an impossible wage rate to offer the student’s counterpart. The … Read What is Anchoring in Negotiation?
Power Asymmetry and the Principal Agent Problem
This video simulation on power asymmetry and principal agent dynamics by Professor Lawrence Susskind and Robert Wilkinson was designed to give students insights into the challenges surrounding difficult conversations, both with people across the table, as well as with people on their own side.
… Read Power Asymmetry and the Principal Agent Problem
Four Strategies for Making Concessions in Negotiation
Skilled negotiators know that making strategic concessions at the right time can be an effective tactic in a negotiation. In this article, Deepak Malhotra, a professor at Harvard Business School and PON-affiliated faculty member, suggests four ways to make your concessions work to your best advantage.
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How to Deal with Threats: 4 Negotiation Tips for Managing Conflict at the Bargaining Table
Sooner or later, every negotiator faces threats at the bargaining table. How should you respond when the other side threatens to walk away, file a lawsuit, or damage your reputation? These negotiation tips will help.
… Read More
A Negotiation Preparation Checklist
Without a doubt, the biggest mistake that negotiators make—and one that many make routinely—is failing to thoroughly prepare. When you haven’t done the necessary analysis and research, you are highly likely to leave value on the table and even to be taken advantage of by your counterpart. A negotiation preparation checklist can help you avoid … Read A Negotiation Preparation Checklist
Top Ten Posts About 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 Top Ten Posts About Conflict Resolution
10 Great Examples of Negotiation in Business
A number of noteworthy disputes among businesses, organizations, and individuals made headlines in 2013 and demonstrate the importance of negotiation in business.
… Read 10 Great Examples of Negotiation in Business
Camp Lemonnier: Negotiating a Lease Agreement for a Key Military Base in Africa
Camp Lemonnier is a United States Naval Expeditionary Base located in Djibouti and is the only permanent U.S. military base in Africa. Djibouti, bordering Somalia, Ethiopia, Eritrea, the Red Sea and the Gulf of Aden, has been home to Camp Lemonnier since the September 11, 2001 attacks prompted the United States to seek a temporary … Read More
Expert Job Negotiation Advice for Long-Term Success
When you enter a job negotiation, what goals are foremost on your mind? If you’re like most people, you are primarily preoccupied with making a great impression and winning the job. Acing the interviews can seem like the only thing that matters, especially if you’ve been out of work or desperate to escape a miserable … Read More
5 Common Negotiation Mistakes and How You Can Avoid Them
Sometimes our negotiation mistakes are glaring: We accidentally reveal our bottom line, criticize the other party when patience was warranted, or get our numbers mixed up. More often, though, our negotiation mistakes are invisible: We get a perfectly good deal but are unaware that we could have gotten a better one if we hadn’t succumbed … Read More
Negotiating a Non-Compete Agreement with Employers
In integrative negotiation, each side seeks to create and claim value with an eye towards the future of the negotiating relationship. One way of securing this relationship is a noncompete agreement: Employers sometimes ask potential employees to agree not to work for their competitors in the future but don’t assume such requests are nonnegotiable.
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What is Distributive Negotiation and Five Proven Strategies
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 More
How Mediation Works When Both Parties Agree They Need Help Resolving the Dispute
Negotiations have reached an impasse, but both sides agree on one thing: you need help resolving the dispute. You engage a neutral mediator to do just that. Rather than acting as a judge who decides who “wins” or “loses,” a third-party mediator assists parties in reaching an agreement.
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Consensus On the Court Through Team Negotiation
“It’s my job to call balls and strikes, and not to pitch or bat,” Supreme Court chief justice John Roberts famously said at his 2005 confirmation hearing. The baseball metaphor appeared to be designed to reassure Democratic members of Congress and the public that Roberts would lead the court in nonpartisan team negotiation, despite a … Read Consensus On the Court Through Team Negotiation
The Anchoring Effect and How it Can Impact Your Negotiation
Goal setting affects performance. In a review of goal-setting research, negotiation scholars Deborah Zetik and Alice Stuhlmacher of DePaul University found that when negotiators set specific, challenging goals, they consistently outperform those who set lower or vague goals.
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7 Tips for Closing the Deal in Negotiations
“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
Overcoming Cultural Barriers in Negotiations and the Importance of Communication in International Business Deals
Communication in negotiation is the means by which negotiators can achieve objectives, build relationships, and resolve disputes. Most negotiators know that it is the most important tool you can have for successful negotiations.
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The Importance of a Relationship in Negotiation
At the negotiation table, what’s the best way to uncover your negotiation counterpart’s hidden interests? Build a relationship in negotiation by asking questions, then listening carefully. Even if you have decided to make the first offer and are ready with a number of alternatives, you should always open by asking and listening to assess your … Read The Importance of a Relationship in Negotiation
Top 10 International Business Negotiation Case Studies
Here is a list offering a broad overview of negotiation case studies from the recent past along with analysis of each bargaining scenario:
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How Emotions Affect Negotiations
Emotions play a critical but little-understood role in negotiation. Strong emotions such as anger can derail negotiations, yet keeping emotions under wraps can lead to misunderstandings and impasse. Increasingly, researchers are looking more closely at how emotions affect negotiations. The results of two studies offer lessons related to the impact of emotions in negotiation.
… Read How Emotions Affect Negotiations
5 Good Negotiation Techniques
You’ve mastered the basics of good negotiation techniques: you prepare thoroughly, take time to build rapport, make the first offer when you have a strong sense of the bargaining range, and search for wise tradeoffs across issues to create value. Now, it’s time to absorb five lesser-known but similarly effective negotiation topics and techniques that … Read 5 Good Negotiation Techniques
What is an Arbitration Agreement?
If you have ever owned a cell phone or been issued a credit card, odds are you’ve signed an arbitration agreement. You also may have signed an arbitration agreement when you started your current job or a past one, whether you remember doing so or not.
… Read What is an Arbitration Agreement?
Principled Negotiation: Focus on Interests to Create Value
There’s a better, third way of negotiating—one that doesn’t rely on toughness or accommodation, but that will improve your likelihood of meeting your negotiation goals. In their pivotal negotiation text, Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 2nd edition, 1991), Roger Fisher, William Ury, and Bruce Patton of the Harvard Negotiation Project promote … Read More
Types of Mediation: Choose the Type Best Suited to Your Conflict
When parties involved in a serious conflict want to avoid a court battle, there are types of mediation can be an effective alternative. In mediation, a trained mediator tries to help the parties find common ground using principles of collaborative, mutual-gains negotiation. We tend to think mediation processes are all alike, but in fact, mediators … Read More
The Mediation Process and Dispute Resolution
As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel. Mediation can include some or all of the following six steps.
… Read The Mediation Process and Dispute Resolution
Value Creation in Negotiation: Capitalize on Multiple Issues
Between 2017 and 2019, the United Kingdom (U.K.) and the European Union (E.U.) negotiated the terms of Brexit, the U.K.’s official departure from the E.U. The talks were contentious and stalled often, ultimately being extended by six months.
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Signing Bonus Negotiation 101
After engaging in a successful salary negotiation for a coveted job, most people are ready to shake hands and start sharing the good news with friends and family. But these days, there may be one more negotiation you should consider launching before saying yes: a signing bonus negotiation.
… Read Signing Bonus Negotiation 101
5 Conflict Resolution Strategies
Whether a conflict erupts at work or at home, we frequently fall back on the tendency to try to correct the other person or group’s perceptions, lecturing them about why we’re right—and they’re wrong. Deep down, we know that this conflict management approach usually fails to resolve the conflict and often only makes it worse.
… Read 5 Conflict Resolution Strategies
3 Negotiation Strategies for Conflict Resolution
When a dispute flares up and conflict resolution is required, the outcome can be sadly predictable: the conflict escalates, with each side blaming the other in increasingly strident terms. The dispute may end up in litigation, and the relationship may be forever damaged.
… Read 3 Negotiation Strategies for Conflict Resolution
How to Resolve Cultural Conflict: Overcoming Cultural Barriers at the Negotiation Table
After recently losing an important deal in India, a business negotiator learned that her counterpart felt as if she had been rushing through the talks. The business negotiator thought she was being efficient with their time. In this useful cross-cultural conflict negotiation example, how should this negotiator improve her negotiation skills?
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What is Negotiation?
Many people dread negotiation, not recognizing that they negotiate on a regular, even daily basis. Most of us face formal negotiations throughout our personal and professional lives: discussing the terms of a job offer with a recruiter, haggling over the price of a new car, hammering out a contract with a supplier.
… Read What is Negotiation?
Chatbot Negotiations: What Can AI Do for You?
Seemingly all of a sudden, chatbots like ChatGPT and other forms of artificial intelligence (AI) are becoming ubiquitous in everyday life. These virtual conversation partners can do everything from make dinner reservations to write essays to flirt, if sometimes with unsettling results. No surprise, then, that chatbots are beginning to play a role in our … Read Chatbot Negotiations: What Can AI Do for You?
How to Negotiate Salary: 3 Winning Strategies
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
What is BATNA? How to Find Your Best Alternative to a Negotiated Agreement
Your BATNA, or the ability to identify a negotiator’s best alternative to a negotiated agreement, is among one of the many pieces of information negotiators seek when formulating dealmaking and negotiation strategies. If your current negotiation reaches an impasse, what’s your best outside option?
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Top 10 Negotiation Skills You Must Learn to Succeed
Increasingly, business negotiators recognize that the most effective bargainers are skilled at both creating value and claiming value—that is, they both collaborate and compete. The following 10 negotiation skills will help you succeed at integrative negotiation.
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10 Hard-Bargaining Tactics to Watch Out for in a Negotiation
Don’t be caught unprepared by hard bargainers, warn Robert Mnookin, Scott Peppet, and Andrew Tulumello in their book Beyond Winning.
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Best Negotiation Books: A Negotiation Reading List
Whether you are facing negotiations with Congress, colleagues, customers, or family members, the following negotiation books, published in recent years by experts from the Program on Negotiation, offer new perspectives on common negotiating dilemmas.
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Six Guidelines for “Getting to Yes”
In their revolutionary book Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 3rd edition, 2011), Roger Fisher, William Ury, and Bruce Patton introduced the world to the possibilities of mutual-gains negotiation, or integrative negotiation. The authors of Getting to Yes explained that negotiators don’t have to choose between either waging a strictly competitive, win-lose … Read Six Guidelines for “Getting to Yes”
Dear Negotiation Coach: Coping with a Change-of-Control Provision
We recently received a question regarding a change-of-control provision and how to move forward with potentially renegotiating a contract. We spoke with Faculty Chair, Program on Negotiation at Harvard Law School, Guhan Subramanian, to answer the question.
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3 Types of Conflict and How to Address Them
In the workplace, it sometimes seems as if conflict is always with us. Miss a deadline, and you are likely to face conflict with your boss. Lash out at a colleague who you feel continually undermines you, and you’ll end up in conflict. And if you disagree with a fellow manager about whether to represent … Read 3 Types of Conflict and How to Address Them
What is Conflict Resolution, and How Does It Work?
If you work with others, sooner or later you will almost inevitably face the need for conflict resolution. You may need to mediate a dispute between two members of your department. Or you may find yourself angered by something a colleague reportedly said about you in a meeting. Or you may need to engage in … Read More
What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
When it comes to dispute resolution, we now have many choices. Understandably, disputants are often confused about which process to use.
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Appealing to Sympathy When Dealing with Difficult Situations
Imagine that you are about to enter into a negotiation. Unbeknown to your counterpart, the stakes are particularly high because you are dealing with difficult situations behind the scenes. Maybe your organization is struggling financially and needs a break to stay in the black. Or you are planning to ask for a raise to help … Read More
To Achieve a Win Win Situation, First Negotiate with Yourself
In business negotiations, our actions and reactions often go against our best interests. Self-examination can help, writes Getting to Yes author William Ury in his new book.
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Dispute Resolution: The Advantages of a Neutral Third-Party Mediator
In an article, “Beyond Blame: Choosing a Mediator,” Stephen B. Goldberg advised business negotiators involved in a dispute to seek out an interests-based mediator to assist both sides in reaching a mutually satisfactory dispute resolution.
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Price Anchoring 101
Opening offers have a strong effect in price negotiations. The first offer typically serves as an anchor that strongly influences the discussion that follows. In research documenting price anchoring, psychologists Daniel Kahneman and Amos Tversky found that even random numbers can have a dramatic impact on people’s subsequent judgments and decisions.
… Read Price Anchoring 101
Preparation for Negotiation: Get Off on the Right Foot
The opening stages of negotiation can be filled with uncertainty. How assertive should you be? How can you set yourself up for success? What should an opening offer look like? To answer these questions accurately, thorough preparation for negotiation is key. Negotiation research offers guidelines to get talks off on the right track.
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Managing Difficult Negotiators
In negotiation, we are often confronted with the task of dealing with difficult people—those who seem to prefer to set up roadblocks rather than break down walls, or who choose to take hardline stances rather than seeking common ground. If you’re skilled in BATNA negotiations, you’ll have an easier time dealing with such people.
… Read Managing Difficult Negotiators
Star Wars Stories: George Lucas and a Strong BATNA, Passed Over
In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. When you are aware that you have an appealing alternative deal to the one you’re working on, you will be less tempted to accept an agreement that doesn’t meet your minimum requirements. A strong BATNA gives you … Read More
The Ladder of Inference: A Resource List
The ladder of inference describes how a negotiator, or any decision maker, relies upon her personal knowledge, or observable data, up the ladder of inference to the next stage, which is selected data.
… Read The Ladder of Inference: A Resource List
Dispute Resolution on Facebook: Using a Negotiation Approach to Resolve a Conflict
For several years, Facebook has been working with social scientists to bring traditional methods of dispute resolution to cyberspace. The site has begun to offer users tools to resolve disputes with one another over offensive or upsetting posts, including insults and photos.
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Contingency Contracts in 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 Contingency Contracts in Business Negotiations
Save the Date: 40th Anniversary Celebration
Celebrate our past, present, and future on Saturday, December 9th at the PON 40th Anniversary Symposium & Gala (registration info to follow)
What began in 1983 as a small research project is now recognized as the world’s premier hub for negotiation training, pedagogy and scholarship. And that’s something to celebrate. Please join us in Cambridge to … Read Save the Date: 40th Anniversary Celebration
In Negotiation, Is Benevolent Deception Acceptable?
Do you behave as honestly as possible in your negotiations? Do you view honesty as a critical attribute in your negotiation counterparts? You probably answered these questions in the affirmative: Like many of us, you view deliberate deception to be both unethical and risky.
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The Benefits of Coalitions at the Bargaining Table
Labor unions may be the most obvious example of a negotiating coalitions. When a company negotiates with an employee individually, it could threaten to hire someone else in the face of the employee’s demands. By contrast, when employees bargain collectively through a union, they avoid the need to compete against one another (at least on … Read More
The Art of Negotiation: Anger Management at the Bargaining Table
Displays of anger can pay off for negotiators, at least when it comes to claiming value in negotiation, research shows. Viewing angry negotiators as formidable opponents, we respond to their demands by making concessions, professor Gerben A. van Kleef of the University of Amsterdam and his colleagues found in research from 2004.
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Is Humor in Business Negotiation Ever Appropriate?
Have you ever wondered if humor in business negotiation is appropriate, and when? We spoke with Alison Wood Brooks, O’Brien Associate Professor of Business Administration and Hellman Faculty Fellow in the Negotiation, Organizations & Markets Unit at Harvard Business School to find out.
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Negotiating Change During the Covid-19 Pandemic
Many actions that could help alleviate the Covid-19 pandemic require us to change our behavior on a personal level, such as staying home from work and wearing a mask in public places. Others, such as making coronavirus-related research more widely available, require more organizational and systemic change.
… Read Negotiating Change During the Covid-19 Pandemic
The Two Koreas Practice Conflict Management
In August 2015, the decades-long conflict between South Korea and North Korea threatened to reach a breaking point. The causes of conflict between North and South go deep, but in this case, the South accused the North of planting landmines that seriously injured two South Korean border guards. South Korea retaliated with an old tactic … Read The Two Koreas Practice Conflict Management
Five Fundamentals of Negotiation from Great Negotiator Tommy Koh
Negotiation as an art and negotiation as a science: Two fundamentally different statements but one cohesive element binds them together – process.
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Mediation Process and Business Negotiations: How Does Mediation Work in a Lawsuit?
How does mediation work in a lawsuit? What benefits can mediation offer businesses that deal with multiple contractual agreements, some of which may end in disputes? These questions were answered by Harvard Law School Associate Professor and negotiation expert Dan Greiner in an “Ask the Negotiation Coach” segment from our Negotiation Briefings newsletter.
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Top International Negotiation Examples: The East China Sea Dispute
Even when negotiators believe they sincerely want to reach an outcome that is fair to all, their perceptions of what constitutes a fair agreement are likely to be self-serving. As a result, they are likely to believe they deserve a greater share of a given resource than an unbiased observer would judge to be fair.
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Dear Negotiation Coach: Putting Personal Conflict Management Into Practice
Negotiation and bargaining isn’t limited to the business world. There are many situations where personal conflict management skills are helpful. We received a question regarding this topic recently.
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Negotiation with Your Children: How to Resolve Family Conflicts
Few negotiation examples in real life demonstrate the benefit of effective conflict resolution skills than those disputes that arise in the home, such as those between parents and children. Getting a good night’s sleep and eating a healthy dinner might seem like obvious goals for parents to have for their young children, but kids won’t … Read More
Negotiation Skills: How to Become a Negotiation Master
Negotiation jujitsu means breaking the vicious cycle of escalation by refusing to react. Resistance should be channeled into activities such as “exploring interests, inventing options for mutual gain, and searching for independent standards.”
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Types of Negotiation for Business Professionals
What is negotiation? In her book The Mind and Heart of the Negotiator, Northwestern University professor Leigh Thompson defines negotiation as “an interpersonal decision-making process necessary whenever we cannot achieve our objectives single-handedly.” This definition stresses the interdependence that’s fundamental to any negotiation.
… Read Types of Negotiation for Business Professionals
Managing Expectations in Negotiations
Successful negotiators work hard to ensure that when they and their counterpart leave a negotiation, both sides feel satisfied with the agreement. Why should you care whether the other side is pleased with negotiations or not?
… Read Managing Expectations in Negotiations
Moral Leadership: Do Women Negotiate More Ethically than Men?
A key component of moral leadership is motivating others to live up to their personal ethical standards and those of your organization, even in the face of temptations to behave unethically.
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Teach Your Students to Negotiate Cross-Border Water Conflicts
With the south-western United States experiencing a years-long drought which has dramatically depleted the Colorado River, there are many signs that water conflicts will become more frequent. Negotiating cross-border water conflicts requires balancing political interests, power dynamics, scientific research, and legal parameters. Success in water negotiations hinges on prediction and monitoring arrangements as well as … Read More
Crisis Negotiation Skills: Learning from Others’ Mistakes
When facing crisis negotiations, we often bargain from a position of weakness, hands outstretched in the hope that the other party will help us stay afloat. A special set of crisis negotiation skills is needed as we strive to advocate for our needs without pushing our counterparts too far.
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Crisis Negotiation Skills: The Hostage Negotiator’s Drill
Here are some negotiating skills from the world of crisis negotiations: Hostage negotiators stress the importance of discussing the “drill”—goals, ground rules, and operating principles—with their team before beginning talks with a hostage taker.
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Negotiation as Your BATNA: The Syrian Civil War and Crisis Negotiations
Sometimes your best alternative to a negotiated agreement (BATNA) is realizing that the negotiation itself is worth the risk. Back in May 2012, the United States and Russia announced a plan to hold a peace conference aimed at ending the civil war in Syria, which had killed more than 70,000 people at that time.
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The Pitfalls of Negotiations Over Email
Negotiation research suggests that email often poses more problems than solutions when it comes to relationships, information exchange, and outcomes in conflict resolution negotiation scenarios. First, establishing social rapport via email can be challenging. The lack of nonverbal cues and the dearth of social norms regarding its use can cause negotiators to be impolite and … Read The Pitfalls of Negotiations Over Email
Everyday Negotiation Situations: Should You Negotiate Service Fees?
Imagine that you’re about to hire someone to provide a service—say, to repair your leaky roof, design a new website for your business, or host an online event. In such everyday negotiation situations, when you receive a price quote, should you try to negotiate a better deal?
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The Door in the Face Technique: Will It Backfire?
Have you ever heard of the door in the face technique? In a classic and rather amusing study from 1975, Arizona State University professor Robert Cialdini and his colleagues sent research assistants around campus posing as employees of the county’s juvenile detention center. They stopped people randomly on walkways and asked them if they would … Read The Door in the Face Technique: Will It Backfire?
Unlocking Cross-Cultural Differences in Negotiation
Cross-cultural differences in negotiation can be particularly challenging. When people from different cultures negotiate, they often feel uncertain about how to act and confused by one another’s statements and behavior. The potential for misunderstandings and conflict is often high as a result.
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Why is Negotiation Important: Mediation in Transactional Negotiations
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial.
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Negotiation Skills in Business Negotiation and Status Consciousness
Before and during your negotiation, think about who you’ve chosen as a reference group against which you measure yourself. Did you select the group purely to enhance your own status, or did you try to make a more appropriate comparison? What are your negotiation skills in business communication?
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For NFL Players, a Win-Win Negotiation Contract Only in Retrospect?
How did the NFL Players association and team owners come to an eventual win-win negotiated agreement? In this article we explore the strategies each side used to get to an integrative solution even if that was not the ultimate goal.
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Do Attitudes in Negotiation Influence Results?
Many people consider negotiations to be stressful and threatening. Others view them as challenges to be overcome. Do these different attitudes influence the outcomes that people reach? New research by professors Kathleen M. O’Connor of Cornell University and Josh A. Arnold of California State University sheds light on this important question.
… Read Do Attitudes in Negotiation Influence Results?
How to Deal with Difficult Customers
To hear some salespeople and service representatives tell it, difficult behavior from customers is at an all-time high. Stories of demanding customers proliferate in the press and on social media, while customers likewise complain that their needs increasingly are not being met by companies focused on the bottom line.
… Read How to Deal with Difficult Customers
High Stakes Negotiations in the Healthcare Industry
Teach Your Students to Negotiate One of the Most Critical Global Industries
With the COVID-19 pandemic devastating communities around the world, the acute importance of the healthcare industry to community welfare has become even more apparent. Healthcare is one of the biggest economies in the world, with billions of dollars spent on treatments and associated research. … Read More
Dear Negotiation Coach: Will Your First Offer Be in the Right Ballpark?
The first offer in a negotiation often acts as an anchor upon which subsequent offers are generally based. Making the first offer can give you a strong starting point in a negotiation. As we’ll see, however, that opening number can also send a message about how much you value the other party’s involvement.
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Using Conflict Resolution Skills: Trying to Forgive and Move Forward
In business negotiations, when a counterpart apologizes for harming or offending you, should you forgive and move forward? What if doing so seems impossible?
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Negotiation Strategies: Emotional Expression at the Bargaining Table
Most of the existing negotiation research on affect in negotiation has focused on emotional experience rather than on emotional expression.
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Negotiating with Liars: Bluffing versus Puffing
How many time have you sat at the bargaining table, and wondered, “am I negotiating with liars?” And to your own self be true—how many times have you been untruthful in a negotiation? The example below shines a light on how lies can get negotiators into hot water.
… Read Negotiating with Liars: Bluffing versus Puffing
Amazon–Whole Foods Negotiation: Did the Exclusive Courtship Move Too Fast?
When competing with multiple parties to secure a coveted resource, such as your dream house, a cool invention, or a talented new hire, it can be hard to stand out from the pack. Amazon faced that challenge in its $13.4 billion acquisition of upscale grocer Whole Foods in 2017, as reported by Alex Morrell for … Read More
Crisis Negotiations: Advice for Ending Tense Standoffs
How can you engage in crisis negotiations with someone who doesn’t trust you? Consider bringing in individuals the other party does trust to play the role of mediator in the dispute, as the FBI did to promote a peaceful end to a standoff with occupiers of the Malheur National Wildlife Refuge in February 2016.
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Employment Contract Negotiation: Morals Clauses
In employment contract negotiation, morality clauses are helping them minimize the damage from scandals and wrongdoing by employees.
… Read Employment Contract Negotiation: Morals Clauses
How to Renegotiate a Bad Deal
Think you have some stories from trying to renegotiate? Try this one on for size. Many viewed the deal to be a terrible one from the start. Back in December 2008, Richard M. Daley, then Chicago’s mayor, announced that his administration had agreed to lease the city’s parking meters for 75 years to a private company … Read How to Renegotiate a Bad Deal
Political Negotiation: Negotiating with Bureaucrats
Though officials may claim otherwise, they often have a certain amount of discretion when interpreting laws and making decisions. In government and political negotiation, you therefore must determine how much discretion an official has.
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How to Negotiate Mutually Beneficial Noncompete Agreements
If you’re looking to get more leverage out of your next job negotiation, the noncompete agreement that may very well be tucked inside your employment contract could provide an opportunity to achieve the mutually beneficial win-win situation you desire.
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Cross Cultural Communication: Translation and 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?
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Negotiation Research You Can Use: For Effective Price Anchoring, Strive for Precision
The party that makes the first offer in a negotiation generally gets the best deal, multiple negotiation studies suggest. The first offer presented serves as an anchor that draws subsequent offers in its direction.
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Negotiation Examples: How Crisis Negotiators Use Text Messaging
In their negotiation training, police and professional hostage negotiators are taught skills that will help them defuse tense situations over the course of long phone calls, such as engaging in active listening, determining the person’s emotions from his or her inflection, and trust building.
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When Not to Show Your Hand in Negotiations
Here, we consider four types of information that may be best kept under wraps: sensitive or privileged information, information that isn’t yours to share, information that diminishes your power, and information that may fluctuate during negotiations.
… Read When Not to Show Your Hand in Negotiations
Negotiators: Resist Vividness Bias in Negotiations
Vividness bias is the tendency to overweight the vivid and prestigious attributes of a decision, such as salary or an employer’s status, and underweight less impressive issues, such as location or rapport with colleagues. Let’s talk about a clear vividness bias example from 2015 in Major League Baseball.
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Setting Standards in Negotiations
As the starting point from which all commercial transactions occur, from purchasing equipment to setting salaries, negotiatiosn in business is an essential skill no matter what field a negotiator finds herself. Using an objective standard can strengthen your proposal and eliminate emotional bias.
… Read Setting Standards in Negotiations
Negotiation Tips: Listening Skills for Dealing with Difficult People
We love giving out negotiation tips. A negotiation daily reader once asked us, “All the negotiation advice I read says that I should listen and ask questions in negotiations. That makes sense, and I mean to. But once the other side starts talking, I often find myself telling them what they left out or why … Read More
Ask A Negotiation Expert: Dealing With Conflict? Bring High-Level Values to the Table
Melvin Shakun is a management consultant, professor emeritus at New York University, and founding editor of the international journal Group Decision and Negotiation. He spoke with Negotiation Briefings about dealing with conflict, and how negotiators can break through impasse by appealing to common values.
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How Mediation Can Help Resolve Pro Sports Disputes
Worldwide, mediation has become a common means of resolving conflict, ranging from divorce to workplace disputes to broken contracts. Yet mediation remains an underused tool for resolving disputes in U.S.
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Famous Negotiators: Tony Blair’s 10 Principles to Guide Diplomats in International Conflict Resolution
In his memoir, the former world leader highlights lessons from the peace process in Northern Ireland. One of the world’s most famous negotiators, Tony Blair, offers 10 principles to guide diplomats in international conflict resolution.
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5 Types of Negotiation Skills
Businesspeople who are looking for effective negotiation strategies often confront a dizzying array of advice. It can be useful to take a step back and categorize these strategies into various types of negotiation tactics. Highlighting the benefits of negotiation in business, the following five types of negotiation tactics can help you think more broadly about … Read 5 Types of Negotiation Skills
Negotiation Tools and Techniques: Research Roundup
Recent negotiation research offers negotiation tools and techniques to use in your business negotiations to make strong opening offers, negotiate effectively online, and boost your sense of power.
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How to Negotiate a Higher Salary after a Job Offer
If you’re wondering how to negotiate a higher salary after a job offer, congratulations: You’re aiming higher than many job candidates ever do. It’s common for prospective employees to accept whatever offer the would-be employer puts forth without negotiating for more. Unless the employer explicitly stipulates that their offers are nonnegotiable, that’s typically a mistake. … Read More
Trust and Honesty in Negotiations: Dealing with Dishonest Negotiators
Negotiating opportunities sometimes come from challenging sources: a family member who has been unreliable in the past but promises to make a change; a business competitor that approaches you about a joint venture; a difficult boss with whom you would like to work out a better relationship.
… Read More
Finding Mutual Gains In “Non-Negotiation”
The National Football League’s Pittsburgh Steelers faced a dilemma. Mid-contract, the team’s star wide receiver, Antonio Brown, asked the team to improve upon the six-year, $42.5 million deal they negotiated back in 2012. Brown had risen to become the best receiver in football and believed he was underpaid.
… Read Finding Mutual Gains In “Non-Negotiation”
Negotiating with Difficult Personalities and “Dark” Personality Traits
Have you ever found yourself negotiating with difficult personalities, or negotiating with someone who seemed entirely ruthless and lacking in empathy? From time to time, we may end up in the deeply unsettling position of negotiating with someone who appears to have no concern for us or our outcomes.
… Read More
Negotiations, Gender, and Status at the Bargaining Table
When it comes to different characteristics of negotiation styles, a growing body of research suggests that status consciousness varies depending on the gender of interested parties.
… Read More
Managing a Multiparty Negotiation
Multiparty negotiations can be incredibly challenging. Just ask the negotiators from over 170 countries who managed to reach agreement on October 15 on a legally binding accord to combat climate change.
… Read Managing a Multiparty Negotiation
M&A Negotiation Strategy: Dealing with an Unpredictable Counterpart
In the high-stakes world of mergers and acquisitions (M&As), negotiation missteps can amplify into disasters, and lucky breaks into triumphs. As a result, there is much that business negotiators can learn from stories of M&A negotiation strategy in the news. To take one case study, the 2015-2016 bidding war between hotel chain Marriott International and … Read More
In a Price Negotiation, Should You Make the First Offer?
Imagine yourself in a dilemma that only a privileged few experience: You’ve fallen in love with a dazzling, one-of-a-kind home that’s on the market without a list price. Instead, the seller’s broker encourages you to name your price. You’re unsure how much to offer—yet desperate to win the prize.
… Read More
How to Create Win-Win Situations
In business negotiation, a win-win agreement may be the ultimate goal, but it can sometimes prove elusive. Here, we offer four strategies from experts at the Program on Negotiation at Harvard Law School on how to create win-win situations in even the trickiest negotiations.
… Read How to Create Win-Win Situations
Negotiating the Good Friday Agreement
Retired US Senator George Mitchell played a critical role in negotiating the Good Friday Agreement in Northern Ireland. In an interview with Susan Hackley, Managing Director of the Program on Negotiation at Harvard Law School, in the February 2004 Negotiation newsletter, he describes how he was able to facilitate an agreement between these long-warring parties.
… Read Negotiating the Good Friday Agreement
10 Top Business Negotiations
Looking back on the past, 2013 witnessed a series of colorful mergers, acquisitions, and other deals. Here are the 10 top negotiations and negotiation trends of that year from which business dealmakers can learn.
… Read 10 Top Business Negotiations
The Power of a Simple Thank You in Negotiation
Expressions of gratitude have a number of positive effects, such as helping us savor pleasurable experiences, manage stress, and strengthen relationships, researchers have found. In negotiation and other contexts, showing gratitude also motivates those we thank to keep on giving.
… Read The Power of a Simple Thank You in Negotiation
For a Mutually Beneficial Agreement, Collaboration is Key
At the Program on Negotiation, we urge you to aim higher by combining such competitive value-claiming with collaborative value creation. Not because it’s the “nice” thing to do, but because it’s been proven to be the best path to a truly mutually beneficial agreement.
… Read More
How to Deal with Cultural Differences in Negotiation
When figuring out how to deal with cultural differences in negotiation, it helps to consider the cultural prototypes represented at the bargaining table—but individual differences count, as well.
… Read More
Does Using Technology in Negotiation Change Our Behavior?
Technology has infiltrated almost every element of our negotiations, as it has almost every aspect of our lives. Negotiation scholars have studied how negotiating via technological media affects the way we negotiate—concluding, for example, that doing business via email can increase misunderstandings and heighten conflict as compared to face-to-face meetings. But the ubiquity of technology … Read More
Collaborative Leadership: Managing Constructive Conflict
Looking at the role of leadership in negotiation, we see that collaborative leadership can involve promoting conflict in negotiating and decision-making teams—as long as that conflict is managed constructively.
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How to Portray Confidence in Negotiation So You Don’t Look Desperate
In our negotiations, we all regularly cope with counterparts who try too hard—such as salespeople who pester us with phone calls or show up at our office or home unannounced. Their desperation to reach a deal comes through loud and clear, making them seem not only annoying but also potentially ripe for exploitation. At the … Read More
India’s Direct Approach to Conflict Resolution
In our global economy, organizations have unprecedented opportunities to grow by forming partnerships worldwide. Yet when we are negotiating abroad, cultural, language, and other differences can lead to misunderstandings that may eventually spiral into conflicts ranging from labor strikes to lawsuits to broken partnerships that require conflict resolution.
… Read India’s Direct Approach to Conflict Resolution
Advantages and Disadvantages of Leadership Styles: Uncovering Bias and Generating Mutual Gains
The persistence of the so-called “glass ceiling” and salary gap between men and women is often chalked up to the fact that men historically have been more assertive about negotiating for higher salaries, promotions, and other contributors to career success..
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Three Questions to Ask About the Dispute Resolution Process
Dispute resolution is often a multistep process that can start with negotiation, move on to mediation, and, if necessary, end in arbitration or litigation.
… Read More
Negotiation Skills and Strategies: Winning Over Reluctant Counterparts
In the aftermath of the December 2012 killing of 20 children and six adults at Sandy Hook Elementary School in Newtown, Connecticut, then-president Barack Obama moved gun control to the top of his legislative agenda. By April 2013, the Senate was considering requiring universal criminal background checks for all gun purchases and banning assault weapons … Read More
3-D Negotiation Strategy
Here are some negotiating skills and negotiation tactics from 3-D negotiation by James Sebenius and David Lax.
… Read 3-D Negotiation Strategy
Negotiation in International Relations: Finding Common Ground
When thinking of negotiation in international relations, it’s difficult to think of any negotiation with higher stakes than those surrounding nuclear nonproliferation. Often conducted amid international conflict and public scrutiny, complicated by language and cultural barriers, and carried out under tight deadlines, talks aimed at ensuring that nuclear technology is used peacefully and that disarmament … Read More
Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy
Executives rarely view themselves as diplomats engaged in international diplomacy but business negotiators often find the two fields share negotiation skills and negotiation techniques. Rightly or wrongly, diplomacy evokes images of frivolity – days spent wandering exotic capitals, nights spent cruising embassy cocktail parties.
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Four Ways to Manage Conflict in the Workplace
Samantha was livid. While making a presentation during a meeting that both attended, Brad, a newcomer in her department, had shared some slides during a presentation that were clearly based on ideas for a project she’d shared with him privately—without giving her credit. Samantha angrily confronted Brad in his office after the meeting; he became … Read Four Ways to Manage Conflict in the Workplace
How to Use Tradeoffs to Create Value in Your Negotiations
How do expectations of fairness and reciprocity at the bargaining table impact negotiator decisions regarding the strategies and tactics they use at the negotiation table?
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When Armed with Power in Negotiation, Use It Wisely
The buzz of excitement that arose in February 2015 at the news that Harper Lee, author of the beloved novel To Kill a Mockingbird, would be publishing a second novel quickly turned to concern. The 88-year-old Lee, who suffered a stroke in 2007 and resided in an assisted-living facility in her hometown of Monroeville, Alabama, … Read More
How to Overcome Cultural Barriers in Communication – Cultural Approximations of Time and the Impact on Negotiations
Some of the most fundamental international negotiation skills to develop are negotiation strategies on how to overcome cultural barriers in communication.
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The Importance of Power in Negotiations: Taylor Swift Shakes it Off
In negotiation, our success often hinges on our bargaining power—which in turn can depend on forces beyond our control. That truism was highlighted in two recent disputes arising from business negotiations over the pricing of copyrighted material in the digital era, one from the music world, the other from publishing.
… Read More
The Pros and Cons of Back-Channel Negotiations
Back-channel negotiations have been used in numerous conflicts across the globe, including the Israeli-Palestinian peace process from 1994 to 1996 and the Iranian hostage crisis in 1979–1980. In 1985, the imprisoned Nelson Mandela conducted back-channel negotiations with South Africa’s minister of justice, Hendrik Jacobus Coetsee, that laid the groundwork for the end of the apartheid … Read The Pros and Cons of Back-Channel Negotiations
Conflict Resolution Success Stories: A Surprising Tale from Congress
Conflict resolution success stories in the news can be few and far between. Too often, when a dispute arises, parties escalate the conflict through hardball tactics in negotiation (threats, lies, and the like) rather than taking steps to address and minimize it. When conflict resolution success stories do appear, we typically fail to absorb their … Read More
Writing the Negotiated Agreement
Some negotiations end with a negotiated agreement that is a plan of action rather than a signed contract – for example, a plumber agrees to fix the tile damage caused by his work. Other negotiations wouldn’t be appropriate to commemorate in writing, such as how you and your spouse decide to discipline your young … Read Writing the Negotiated Agreement
Teach Your Students to Take Their Mediation Skills to the Next Level
Mediation is a critical conflict resolution skill for students in a variety of fields: business, international relations, law, and public policy, to name a few. Once students have mastered mediation basics, they can hone their skills by trying to mediate more complex conflicts as well as by learning the key differences between facilitation and mediation. … Read More
Undecided on Your Dispute Resolution Process? Combine Mediation and Arbitration, Known as Med-Arb
The choice: arbitration vs. mediation. You’re not sure which of two common dispute resolution processes, mediation or arbitration, to use to resolve your conflict.
… Read More
Types of Conflict in Business Negotiation—and How to Avoid Them
Conflict in business negotiation is common, but it doesn’t have to be that way. There are steps we can take to avoid types of conflict and misunderstandings. Often, it helps to analyze the unique causes of conflict in particular negotiation situations. Here, we look at three frequent types of conflict in business negotiations and offer … Read More
How to Negotiate a Business Deal
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 How to Negotiate a Business Deal
5 Dealmaking Tips for Closing the Deal
When you’ve made progress on certain issues but remain stymied on others in a negotiation, it’s time to take a hard look at what’s standing between you and a mutually acceptable deal. Professor Robert Mnookin of Harvard Law School and his colleagues at Stanford University have created a catalog of common dealmaking barriers to agreement, … Read 5 Dealmaking Tips for Closing the Deal
How an Authoritarian Leadership Style Blocks Effective Negotiation
Those who favor an authoritarian leadership style, also known as an autocratic leadership style, tend to believe their approach to management is more efficient and decisive than a more collaborative leadership style. But because a top-down approach can heighten the power differential between leaders and those who report to them, it often backfires, generating resentment … Read More
Planning Your Syllabus for Next Semester? Check Out the Brief Course Outlines from the TNRC
Planning a new course for next semester or looking to reinvent a current one? Check out our brief course outlines to get started planning your syllabus.
The Teaching Negotiation Resource Center (TNRC) now offers brief outlines for eleven different course types which include recommended simulations and books and highlight key teaching points. While all teaching materials … Read More
In the Negotiation Planning Process, to Capture the Force, be Patient
Sometimes the negotiation planning process will take longer than expected to get the best results.
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Cognitive Biases in Negotiation and Conflict Resolution – Common Negotiation Mistakes
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 More
BATNA Strategy: Should You Reveal Your BATNA?
In their best-selling book Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton (Penguin, 1991) introduced the concept of having a BATNA strategy (best alternative to a negotiated agreement) as “the standard against which any proposed agreement should be measured.” When you know what you’ll do if you don’t reach … Read BATNA Strategy: Should You Reveal Your BATNA?
4 Sales Negotiation Traps—and How to Overcome Them
Whether you’re planning to put your home up for sale, trying to unload excess merchandise, or searching for new clients, there’s a good chance you’ll make your next sales negotiation more challenging than it needs to be by falling into common cognitive traps. You can improve your sales negotiation skills by learning about four traps … Read More
Emotional Triggers: How Emotions Affect Your Negotiating Ability
Example of negotiation in daily life: Imagine you’re about to negotiate with a competing firm about a possible merger. You enter the conference room and find a reasonable and fair representative from the other company, someone you’ve reached mutually beneficial agreements with in the past.
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Down to the Wire: Complex Negotiations at the Louvre
To launch a multi-faceted project or business venture, we often need to conduct a whole series of complex negotiations with numerous counterparts. Juggling multiple deals requires a unique set of negotiation strategies.
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Right of First Refusal: A Potentially Win-Win Negotiation Tool
Looking for ways to get more value out of your sales negotiations? You may be able to do so by negotiating a right of first refusal.
A right of first refusal, also known as a matching right or right of first offer, is a contractual guarantee that one party to a business deal can match … Read More
Conflict Negotiation Strategies: When Do Employees Choose to Negotiate?
How does the desire to negotiate stack up against other workplace decision-making procedures? Negotiation seems to be the preferred decision-making mechanism when employees are seeking individually tailored solutions.
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Managing the “Negotiator’s Dilemma” with Multiple Equivalent Simultaneous Offers
There are two common perspectives on negotiation that can seem at odds, leaving negotiators to decide between these options. But one way around this negotiator’s dilemma is through multiple equivalent simultaneous offers, or MESOs. Consider the following two perspectives on negotiation:
… Read More
Dealing with Difficult People and Negotiation: When Should You Give Up the Fight?
Negotiators often fail to recognize when it’s time to walk away from a negotiation dispute – a trap that can squander time, money, and reputations. Receive tens of millions of dollars in a mediated settlement, and you might rightly think you scored a victory.
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Positional Bargaining Pitfalls
Positional bargaining may sound like business as usual, but it shouldn’t be. In fact, positional bargaining is typically an ineffective way of reaching an agreement for numerous reasons, including the following three, according to the authors of Getting to Yes:
… Read Positional Bargaining Pitfalls
New Great Negotiator Case and Video: Christiana Figueres, former UNFCCC Executive Secretary
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
Creative Negotiation Moves: When a Couple’s Deals Became One
Creative negotiation involves thinking outside the box—seeing the broader possibilities available beyond conventional practice. It’s perhaps no surprise, then, that industry outsiders often are best positioned to negotiate creatively because they are less familiar with “how things are done.”
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How to Respond to Questions in Negotiation
What’s the toughest question you’ve ever been asked during a negotiation? Do you know how to respond to questions when they’re out of your comfort zone? If you negotiate frequently, it might be hard to narrow it down to just one. Focusing on job interviews, here are a few negotiation questions that candidates often dread.
… Read How to Respond to Questions in Negotiation
Union Strikes and Dispute Resolution Strategies
When a conflict looms, it can be tempting for each side to try to make unilateral decisions on key issues because of the belief that negotiations with the other side will be a dead end. This dispute resolution strategy may pay off in the short term, but it’s important to factor in the long-term costs … Read Union Strikes and Dispute Resolution Strategies
BATNA and Other Sources of Power at the Negotiation Table
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.
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Negotiation Analysis: The US, Taliban, and the Bergdahl Exchange
The exchange between the United States and the Taliban of Sergeant Bowe Bergdahl for five Taliban leaders held at Guantanamo Bay, Cuba, represented the first public prisoner exchange of a US soldier in the thirteen year US involvement in Afghanistan. The background of the deal including how Private First Class Bergdahl (promoted twice to Sergeant … Read More
Should Salary Expectations Be a Laughing Matter?
In salary negotiations, job candidates are often at a disadvantage relative to the hiring organization. Due to the well-documented anchoring effect, the first figure introduced into the discussion tends to strongly influence the salary expectations. Unfortunately for candidates, the first figure mentioned in a negotiation often is not in their favor.
… Read Should Salary Expectations Be a Laughing Matter?
Interest-Based Negotiation: In Mediation, Focus on Your Goals
How can you get through to people who seem uninterested in finding common ground? How can you deal with seemingly irrational negotiators who use insults, threats, and other hardball tactics to try to get their way?
… Read More
Contract Negotiations and Business Communication: How to Write an Iron-Clad Contract
In contract negotiations, writing a contract that both encapsulates the negotiated agreement but also incorporates future elements such as the business relationship and the sustainability of the agreement can be a daunting task for even the most experienced negotiators. Executives often leave the legal issues surrounding their deals to their attorneys. While this division of … Read More
Negotiation Skills: Which Negotiating Style Is Best?
Is one negotiating style “better” than another? Most research suggests that negotiators with a primarily cooperative style are more successful than hard bargainers at reaching novel solutions that improve everyone’s outcomes. Negotiators who lean toward cooperation also tend to be more satisfied with the process and their results, according to Weingart. At the same time, … Read More
Deceptive Tactics in Negotiation: How to Ward Them Off
Deceptive tactics in negotiation can run rampant: parties “stretch” the numbers, conceal key information, and make promises they know they can’t keep. The benefits of negotiation in business offer strong incentives to detect these behaviors. Unfortunately, however, most of us are very poor lie detectors.
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5 Ways to Be a More Strategic Business Partner
If you’re looking to be a strategic business partner, you need to have your eyes and ears open at all times.
… Read 5 Ways to Be a More Strategic Business Partner
Understanding Exclusive Negotiation Periods in Business Negotiations
The clearest method for achieving exclusivity in negotiation is an exclusive negotiation period during which both sides agree not to talk to third parties, even if approached unexpectedly by others. In some arenas, these terms are called no-talk periods.
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Emotional Intelligence as a Negotiating Skill
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
The Winner’s Curse: Avoid This Common Trap in Auctions
Imagine that a professor shows a jar full of coins to his class and announces he’s auctioning it off. Students are told they can write down a bid and that the highest bidder will win the contents in exchange for the money he or she bid. After everyone has written down their bids, the professor … Read More
Negotiation Techniques To Get New Business Partnerships Off on the Right Foot
“A huge mistake.” “A shot in the dark.” “An audacious move.” Those are a few of the media’s characterizations of wireless carrier AT&T’s acquisition of media and entertainment firm Time Warner, announced on October 22, 2016, for $85.4 billion.
… Read More
How to Handle Difficult Customers
Every salesperson has his or her war stories: tales of difficult customers who made extreme demands and threats, tried to take advantage, or were extremely rude. Dealing with difficult customers is inevitable in the sales world, and the question of how to handle difficult customers looms large. The following three guidelines can help you stay … Read How to Handle Difficult Customers
What is the Multi-Door Courthouse Concept
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 What is the Multi-Door Courthouse Concept
Top Negotiation Case Studies in Business: Apple and Dispute Resolution in the Courts
In August 2012, a California jury ruled that Samsung would have to pay Apple more than $1 billion in damages for patent violations of Apple products, particularly its iPhone. The judge eventually reduced the payout to $600 million. In November 2013, another jury ruled that Samsung would have to pay Apple $290 million of the … Read More
Dealing with Difficult People: Coping with an Insulting Offer in Contract Negotiations
The following “Ask the Negotiation Coach” question was posed to Dwight Golann, Suffolk University Law School professor and negotiation expert: Question: I deal with legal disputes and would like to find reasonable solutions without wasting years in court.
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Nelson Mandela: Negotiation Lessons from a Master
Some people learn to negotiate on the job, in a classroom, or in a therapist’s office. In Nelson Mandela’s case, “prison taught him to be a master negotiator,” writes Bill Keller in his New York Times obituary of the legendary activist turned president, who died on December 5, 2013.
… Read Nelson Mandela: Negotiation Lessons from a Master
Negotiation Mistakes: Apple TV’s Botched Expansion Deals
Apple isn’t used to making negotiation mistakes. The company has often found success by charging headfirst into unfamiliar industries, from book publishing to music to mobile phones, and disrupting its long-standing business models. In the early 2000s, for example, the company’s cofounder, Steve Jobs, pressured music labels to switch from selling $15 CDs to selling … Read More
How to Solve Intercultural Conflict
The question of how to solve intercultural conflict is one of the most difficult ones facing negotiators. Misunderstandings and disputes caused by cultural differences can further complicate already challenging negotiations, whether you are doing business at home, abroad, or online. The following guidelines can help us achieve better results in cross-cultural communication and negotiation.
… Read How to Solve Intercultural Conflict
Dear Negotiation Coach: Responding (Or Not) to an Ultimatum in Negotiation
Many times in our lives, we will encounter an ultimatum in negotiation. Sometimes the ultimatum is real, and often times it is not. However, there are ways to approach an ultimatum in negotiation to get past this sometimes burdensome hurdle.
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Challenges Facing Women Negotiators
On the average, women often obtain less favorable or advantageous outcomes at the bargaining table when compared with their male counterparts.
… Read Challenges Facing Women Negotiators
Top 10 Dispute Resolution Skills
Too often, dispute resolution can be an acrimonious and unproductive process. The following 10 negotiation and conflict resolution strategies can help you find creative ways to reach mutually satisfactory agreements.
… Read Top 10 Dispute Resolution Skills
In Negotiation, How Much Do Personality and Other Individual Differences Matter?
Most negotiation advice centers on the mistakes all of us make. But individual differences in personality, intelligence, and outlook could also affect your talks. Imagine how you would approach negotiations with the following people:
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How to Make a Good Deal When You Lack Power
In negotiation, we’re often advised that our most important source of power is our best alternative to a negotiated agreement, or BATNA. When we feel powerless, it’s often because we don’t have a strong alternative if the current deal falls apart or fails to meet our needs. The key to enhancing our power, therefore, is to … Read How to Make a Good Deal When You Lack Power
Negotiating Skills: Learn How to Build Trust at the Negotiation Table
In this article some negotiating skills and negotiation tactics for building trust with your counterpart are presented.
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How to Set Negotiation Goals as a Manager
To encourage the negotiators they supervise to do their best, managers routinely rely on performance benchmarks, the promise of bonuses, and other types of goals.
… Read How to Set Negotiation Goals as a Manager
Negotiation Case Studies: Google’s Approach to Dispute Resolution
Here’s a great example on how to avoid litigation by pursuing negotiation with your counterparts. In the face of antitrust charges, Google’s guiding principle for dispute resolution is “Don’t litigate, negotiate,” according to the Wall Street Journal.
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What Leads to Renegotiation?
Renegotiation is generally triggered for one of two reasons: an imperfect contract or changed circumstances. The goal of any written contract is to express the parties’ full understanding of their deal.
… Read What Leads to Renegotiation?
Dear Negotiation Coach: When Silence in Negotiation is Golden
In Western cultures, many people are uncomfortable with silence. We tend to talk on top of one another, with little pause between point and counterpoint. Any silence that occurs often feels awkward, as you’ve experienced. But effective negotiators know that silence in negotiation can be a useful tool. Here are four advantages of silence:
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Bargaining Power in Negotiations: Leveling the Playing Field
Powerful negotiators can be formidable opponents. That’s in part because their bargaining power in negotiations—such as a high position in a hierarchy, wealth, or a great BATNA (best alternative to a negotiated agreement)—gives them considerable leverage. In addition, powerful individuals tend to demand more for themselves, in violation of fairness norms. Here’s a closer look … Read More
What Makes a Good Mediator?
What makes a good mediator? And how is it that mediators—who themselves lack any power to impose a solution—nevertheless often lead bitter disputants to agreement?
… Read What Makes a Good Mediator?
Choose the Right Dispute Resolution Process
What is dispute resolution? There are three basic types of dispute resolution, each with its pros and cons. The first two, mediation and arbitration, are considered types of alternative dispute resolution because they are an alternative to litigation.
… Read Choose the Right Dispute Resolution Process
The Negotiation Process in China
With its booming economy and growing international consumer influence, the role of negotiation in international business is more important than ever and negotiation skills appropriate for China are in high-demand. Here are a few negotiation tips to help you successfully navigate your next round of business negotiations in China.
… Read The Negotiation Process in China
Negotiation Skills for Win-Win Negotiations
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
Reservation Point in Negotiation: Reach Negotiated Agreements by Asking the Right Questions
A reservation point negotiation is a bargaining scenario in which each side is trying to reconcile the other’s highest offer and the other’s lowest price. This negotiation example can apply to many other bargaining situations and demonstrates the value of open communication with your counterpart at the negotiation table.
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When a Little Power is a Dangerous Thing
In 1975, Leigh Steinberg launched his career as a sports agent by proving that even a little power can be a dangerous thing. He faced what appeared to be a tough negotiation with the Atlanta Falcons. The team had chosen Steinberg’s client, rookie quarterback Steve Bartkowski, as their first pick in the first round of … Read When a Little Power is a Dangerous Thing
In Contract Negotiations, Agree on How You’ll Disagree
During the course of a complex negotiation, the last thing we want to think about is the possibility that a serious disagreement or contract breach will arise during the implementation stage. Yet we also know that such conflicts are common.
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Fairness in Negotiation
Imagine that you and your business partner agree to sell your company. You end up getting an offer that pleases you both, so now you face the enviable task of splitting up the rewards. How do you ensure that there is fairness in negotiation?
… Read Fairness in Negotiation
Negotiations in the News: Lessons for Business Negotiators
What can business negotiators learn from current negotiations in the news? Quite a bit, according to the dozens of negotiation experts who contributed to the January 2019 special issue of the Negotiation Journal, entitled “Negotiation and Conflict Resolution in the Age of Trump.”
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Collaborative Negotiation Examples: Tenants and Landlords
In the best of times, negotiators brim with resources, energy, and optimism, which inspire collaboration and creativity. In the worst of times—such as now—negotiators are so stressed and fearful that they can be distrustful and rigid.
… Read More
10 Popular Business Negotiation Articles
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.
… Read 10 Popular Business Negotiation Articles
Tired of Liars? Promote More Ethical Negotiation Behavior
Promoting ethical negotiation behavior is one of the steps we can take to reduce the odds that someone will try to deceive us, and is likely to be a more fruitful strategy than trying to improve our ability to detect lies.
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A Case Study of Conflict Management and Negotiation
In this case study of conflict management, the Program on Negotiation offers advice drawn from negotiation research about forming negotiating teams and avoiding conflicts within teams and working groups.
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Dealing with Cultural Barriers in Business Negotiations
If you negotiate regularly on the job, you probably have engaged in multiple business negotiations with counterparts from other cultures. Negotiating across cultural barriers can significantly expand your organization’s reach and bring great rewards. Yet negotiating cross-culturally also can pose challenges, such as these.
… Read More
Ask A Negotiation Expert: How Conversational Receptiveness Might Bridge Our Divide
In the United States and elsewhere, people with very different worldviews on politics seem hopelessly and dangerously divided. A skill called “conversational receptiveness,” which involves using certain language to show you’re willing to thoughtfully engage with opposing views, can help lessen tensions.
… Read More
Arbitration vs Mediation: The Definition of Mediation as a Problem Solving Process
Mediation is often thought of as a last step to adjudicate disputes. In this article, professor Lawrence Susskind spells out the hidden advantages of using mediation early in the process to solve problems and reach voluntary compliance agreements.
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Bidding in an International Business Negotiation: Euro-Idol
Euro-Idol is a four-party, two-round international business negotiation over the selection of the host country and city for the upcoming Euro-Idol music competition. In this bidding simulation from the Teaching Negotiation Resource Center (TNRC), cities must place bids to host the Euro-Idol competition, and therefore gain the economic benefits that come with hosting such a … Read More
Negotiating with Colleagues: Training for Collaborative Human Resources Negotiations
Human resources representatives are often involved in a wide array of internal company negotiations, including one-on-one disputes between colleagues as well as inter-department budgeting and overall staffing plans. To deftly handle this wide array of negotiations, human resources representatives must balance the various stakeholder concerns, financial assessments, and competing interests with fairness, consideration for relationships, … Read More
The Hidden Pitfalls of Video Negotiation
It used to be that when negotiating counterparts were located far apart, one side or the other would need to get in a car, train, or plane if the parties wanted to do business face-to-face. These days, you only need to set up a videoconference on an app such as Zoom or Google Hangouts to … Read The Hidden Pitfalls of Video Negotiation
Negotiation Mistakes: When Fear of Impasse Leads to Bad Deals
Experienced negotiators understand that they should reject any deal on the table that is inferior to their best alternative to a negotiated agreement, or BATNA. At an auto dealership, for example, you shouldn’t buy a used car if you are pretty sure you can get a better deal on a comparable car elsewhere. Yet in … Read More
Check Out the International Investor-State Arbitration Video Course
Master Class on International Investor-State Arbitration: What is it? How Does it Work?
This two-hour video course is intended to teach students, legal practitioners, business executives, and government officials the essentials of international investor-state arbitration, an area of increasing concern for legal practice, business strategy, and government policy.
In the video Master Class on International Investor-State Arbitration: … Read More
When Our “Principles” Crash up Against our Negotiation Goals
It’s not uncommon for us to get caught up in the “principle” of a negotiation, and forget all about our negotiation goals. Here is a cautionary tale of a years-long battle to keep the public away from a beach the owner had never even visited, and it stands as an extreme case study of how … Read More
Fostering Constructive Conflict in Team Negotiation
Conflict can, indeed, be an asset in team negotiation and decision- making, but only if it’s managed constructively.
… Read More
Teach Your Students to Negotiate Climate Change
How Can Communities Negotiate Climate Change Risks?
With ocean temperatures rising and hurricanes growing more frequent and severe, the impacts of climate change are dramatically affecting many communities. The severe flooding brought on by repeated storms has forced the impacted communities to confront a range of public health risks, as well as evaluations of drainage and … Read Teach Your Students to Negotiate Climate Change
How Timing Can Influence the Anchoring Effect
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
Salary Negotiations in the NBA and Beyond
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.
… Read Salary Negotiations in the NBA and Beyond
Union Negotiations Show How to Bring Reluctant Parties to the Table
On April 24, 2013, an eight-story building in Bangladesh known as Rana Plaza collapsed, killing 1,134 people, many of them low-wage garment workers who made goods for foreign companies. In the aftermath, Western retailers were widely criticized for failing to engage in international labor union negotiations and address hazardous conditions in the factories where their … Read More
Threats in Negotiation: When and How to Make Effective Threats
What should you do when the other party won’t give you what you want in negotiation? Many negotiating tactics are available: Offer multiple proposals to find out what they value most, make tradeoffs to convey you’re willing to concede, find a different negotiating partner, and so on. Making threats in negotiation is another common strategy—one that … Read More
Madeleine Albright’s Ways to Avoid Conflict In Negotiation: First, Put Yourself In Their Shoes
When parties can trade on their preferences across different issues, they reduce the need to haggle over price and percentages. But are there ways to avoid conflict in other types of negotiation?
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For Sellers, The Anchoring Effects of a Hidden Price Can Offer Advantages
Imagine yourself in a dilemma that only a privileged few get to experience: You’ve fallen in love with a dazzling, one-of-a-kind home that’s on the market, but it doesn’t have a listing price. Instead, of using the anchoring effects of a high price tag to elicit a strong bid, the seller’s broker is encouraging you … Read More
How to Ask for a Salary Increase
Asking for a raise can be a nerve-wracking proposition. But if you think you’re underpaid and due for a salary increase, a successful request can make a huge difference in your long-term earnings. Here’s advice from negotiation experts on how to ask for a salary increase.
… Read How to Ask for a Salary Increase
In Email Negotiations, When They’re Happy, Do You Know it?
One study by Hillary Anger Elfenbein (Washington University, St. Louis) found that negotiators detected emotions accurately only 58% of the time. That accuracy rate may be even lower in email negotiations, where negotiators lack helpful visual, verbal, and other sensory cues.
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Teach by Example with These Negotiation Case Studies
Negotiation case studies use the power of example to teach negotiation strategies. Looking to past negotiations where students can analyze what approaches the parties took and how effective they were in reaching an agreement, can help students gain new insights into negotiation dynamics.
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Online Negotiations: Which Formats Should You Use When?
When considering how to negotiate online, people often wonder whether the format (text versus video, for example) or the device (smartphone versus a larger screen) used matters. Here, we take a closer look at these and other aspects of online negotiations.
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In Negotiauctions, Try a Game-Changing Move
Often in business negotiations, we must compete not only with a counterpart across the table but also with others fighting for the same deal. A procurement officer may announce to a longtime supplier that she is putting their contract up for an auction. Or bidders for a company might be invited to negotiate elements of … Read In Negotiauctions, Try a Game-Changing Move
How to Make the Anchoring Bias Work in Your Favor
Because of the anchoring bias, opening offers have a strong effect on negotiation. The first offer made in a negotiation serves as an anchor that influences the discussion that follows, even when that anchor is extreme.
… Read How to Make the Anchoring Bias Work in Your Favor
3 Ways to Ensure Women in Leadership Are Heard In Group Negotiations
When President Barack Obama first took office, in 2008, one-third of the women in leadership positions in his office were women. Two-thirds of these positions were filled by men, some of whom were known for their brash, dominant personalities, including then chief of staff Rahm Emanuel and economic adviser Lawrence Summers.
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The Inseparable Link Between Effective Leadership and Communication
Effective leadership and communication go hand in hand, especially when it comes to negotiating a leadership role in an organization.
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Cole Cannon Esq. Shares His Negotiation and Leadership Experience
While some are born with the ability to negotiate, most leaders hone their negotiation skills over time, through on-the-job experience. At the Program on Negotiation, we accelerate that process and focus on techniques that work in the corner office and at the bargaining table.
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The Benefits of Finding Joint Gain with Counterparts
SeaWorld and the Humane Society partner on orca stewardship, showing that a joint gain is possible between counterparts.
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Teaching Contract Negotiation: Using the Mutual Gains Approach
How do you use the mutual gains approach in contract negotiations?
In contract negotiations, parties can often resort to positional bargaining instead of using the mutual gains approach. Teaching students to generate creative options in contract negotiations can help them avoid positional bargaining and achieve more beneficial and sustainable agreements. The Teaching Negotiation Resource Center (TNRC) … Read More
International Arbitration: What it is and How it Works
Disputes—whether between individuals, companies, or governments—become all the more complicated when they cross national borders. It’s no surprise, then, that a variety of forms of international arbitration, in addition to other dispute-resolution processes, including mediation, are now available to resolve them.
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On Social Media, Business Negotiators Should Post with Caution
When it comes to getting what they want, some business negotiators take it to the social media streets.
Back in May of 2015, actor Harry Shearer, the voice of iconic characters on the hit animated TV series The Simpsons since its inception in 1989, announced via Twitter that he was leaving the show because of an … Read More
Stonewalling in Negotiations: Risks and Pitfalls
Contract negotiations between Jason Pierre-Paul and the New York Giants demonstrate the hazards of intentionally stonewalling your counterpart in negotiations. A successful defensive end with the Giants since 2010, Pierre-Paul was renegotiating his contract after a couple of mildly disappointing seasons. The Giants’ offer of a “franchise tag” designation did not sit well with Pierre-Paul, … Read Stonewalling in Negotiations: Risks and Pitfalls
Successful Team Building Strategies Can Help Pull Off Big Negotiations
Sometimes our negotiations to achieve a desired dream take months. Sometimes they take years. The dream of building a museum of African American history on Washington, D.C.’s, National Mall endured over 100 years, ramped up in the past 15, and culminated with the opening of the National Museum of African American History and Culture on … Read More
How to Remain Detached Yet Fully Engaged in Negotiations: Tips for Business Negotiators
“The test of a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time,” F. Scott Fitzgerald observed, “and still retain the ability to function.”
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Negotiation Skills: Ways to Use Power Plays in a Negotiation
Attempts to exercise power can backfire. As a negotiator, you must balance these three risks against the potential benefits of developing and exercising power.
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Secret Negotiations: How to Keep Your Talks under Wraps
Secret negotiations are rare, as parties and outsiders often have incentives to leak details to the outside world. But a trio of government negotiations offers tips on how to keep negotiations quiet.
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How to Overcome Barriers and Save Your Negotiated Agreement at the Bargaining Table
Back in November 2012, Hostess Brands announced that it had failed to reach a negotiated agreement with its second-biggest union and, as a result, was permanently shutting down its operations.
The news was met with dismay by baby boomers and others who had grown up with the 80-year-old company’s shelf-stable confections. But consumers had been passing … Read More
Take your BATNA to the Next Level
If your current negotiation reaches an impasse, what’s your best outside option? Most seasoned negotiators understand the value of evaluating their BATNA, or best alternative to a negotiated agreement, a concept that Roger Fisher, William Ury, and Bruce Patton introduced in their seminal book, Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 1991, second … Read Take your BATNA to the Next Level
The Difficulty of Achieving a Win-Win Negotiation Outcome
In a negotiation, it may help to signal to your counterpart your willingness to engage in bargaining aimed at creating a win-win outcome for both parties.
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Managing Emotions in Negotiation: Teaching Students to Turn Emotions into an Opportunity for Mutual Gain
How do you move from an emotionally charged moment in a negotiation to a mutually beneficial agreement?
In negotiations of all types, whether buying a house or negotiating a company acquisition, emotions naturally manifest. Left unaddressed, emotions can derail a negotiation and make agreement seem impossible. When emotions are managed properly, however, they can allow the … Read More
How To Avoid a Business Contract Bidding War
Back in 2014, Nike was the undisputed king of superstar endorsements, dominating the field by paying top talent millions for the right to sell lines of collectible shoes in their names. But sportswear and footwear supplier Under Armour made a bold play to change the landscape. Basketball star Kevin Durant, then of the Oklahoma City … Read How To Avoid a Business Contract Bidding War
Mediation: Sitting Down at the Table
One of the central skills of a mediator is the ability to solve problems. And while problem solving skills may lead to successfully negotiated agreements between disputing parties, an effective mediator also has to get each side to agree to sit down at the bargaining table in the first place.
… Read Mediation: Sitting Down at the Table
When Dealing with Difficult People, Try a Complementary Approach
To hear President Donald Trump tell it, the United States under President Barack Obama had bungled one negotiation after another on the global stage due to an inability to stand firm and take tough stances on key issues when engaging in difficult conversations.
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Negotiation Ethics: Dealing with Deception at the Bargaining Table
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 More
Closing the Deal in Negotiations: 3 Tips for Sequential Dealmaking
After closing the deal in negotiations, we often feel a sense of pride. Imagine, for example, that you are a purchasing agent who just scored a significant price concession from a supplier. Now it’s time to hang up the phone and move on to another negotiation with a different supplier. You’re feeling proud of how … Read More
International Negotiations and Cognitive Biases in Negotiation
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 More
Conflict Styles and Bargaining Styles
What type of bargainer are you? Many negotiation strategies are “one size fits all,” but our unique personalities and life experiences will shape how we carry out and react to such strategies. Familiarity with popular models of conflict styles and bargaining styles can help us better understand and work with our own proclivities and … Read Conflict Styles and Bargaining Styles
In Business Negotiations, Eat Before You Negotiate
When preparing for your next business negotiation, you may want to strategize not only about what you’ll put on the bargaining table, but also how much food you’ll put in your belly beforehand. That’s the message of new research that Cornell University professor Emily Zitek and Dartmouth College professor Alexander Jordan presented at the annual … Read More
Repairing Relationships Using Negotiation Skills
Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. Some of the most successful negotiation examples of the power of negotiation skills in dispute resolution is when they repair relationships between friends.
… Read Repairing Relationships Using Negotiation Skills
Leadership Styles in Negotiation: The Case of Ebay and Paypal
Having the leadership skills to identify shared interests and build them into an agreement often gets both sides to deliver on the terms of a deal.
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Arbitration vs Mediation: What’s Wrong with Traditional Arbitration?
Arbitration vs mediation: Traditionally, the arbitrator is not limited to selecting one of the parties’ contract proposals but may determine the contract terms on his own. If negotiators know that impasse will lead to traditional arbitration, they typically assume that the arbitrator will reach a decision that’s an approximate midpoint between their final offers.
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A Business Negotiation Case Study: Ending the NHL Lockout
How can negotiators overcome impasse and achieve win-win negotiated agreements at the bargaining table? This example illustrates the power of expanding the focus of the negotiations by looking for tradeoffs.
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