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 
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:
Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – May 5–7, 2025
Strictly limited to participants who have completed a prior course in negotiation, this first-of-its-kind program offers unprecedented access to experts from Harvard Law School, MIT, and the Harvard Kennedy School—all of whom are committed to delivering a transformational learning experience.
… Read More
Negotiation Master Class May 2025 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 Negotiation Master Class May 2025 Program Guide
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
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 Harvard Mediation Intensive
Negotiation and Leadership Spring 2025 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
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 Negotiation and Dispute Resolution — Spring 2025
SEMESTER NEGOTIATION AND DISPUTE RESOLUTION – ONLINE
Course Dates: Wednesdays, beginning February 26, 2025 and ending on May 21, 2025 from 6 to 8 p.m. ET (Note: There will be no class the week of April 23, 2025) Faculty: Toby Berkman and Betsy Fierman Enrollment: Register Now – Spring 2025!
Learning Objectives
In this highly interactive, semester-length online course, you’ll explore … Read More
Negotiation Essentials Online (NEO) December 2024 and June 2025 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
How To Share a Negotiation Education with Kids
There are numerous opportunities for adults to learn and practice their negotiation skills. Whether it’s working through an issue with a coworker, buying a home, or taking actual negotiation education classes, if you want to improve your negotiation outcomes, you can find ways to learn. But what about kids? Are they too young to learn … Read How To Share a Negotiation Education with Kids
Negotiation Essentials Online
LIMITED TIME COMBO OFFER: Negotiation Essentials Online February 11-12, 2025 (Online) Instructor: Florrie Darwin PLUS Beyond the Back Table: Working with People and Organizations to Get to Yes February 25-26, 2025 (Online) Instructor: Brian Mandell
Great negotiators aren’t born, they’re made. This February, you can accelerate your negotiation expertise by taking advantage of our special combo offer. Save $1,500 when you register for … Read Negotiation Essentials Online
Negotiation Essentials In-House Program Guide
Bring the very best of the Program on Negotiation (PON) directly to your organization with Negotiation Essentials In-House (NEIH). In this dynamic two-day, in-house training program, your team will acquire the proven negotiation skills, techniques, and strategies they need to drive value for your organization—and achieve personal and professional success.
… Read Negotiation Essentials In-House Program Guide
Art Buchwald, Paramount Pictures, and the Cost of Litigation Instead of Negotiation
When Art Buchwald sued Paramount Pictures over the 1988 Eddie Murphy movie Coming to America, the widely reported outcome was seen as a win for the late, beloved humorist. But Buchwald actually lost — and so did Paramount.
… Read More
Overcoming Resistance: The Influence Equation
Through breakout sessions, exercises, role plays, and other hands-on experiences, Carlebach will explain what to do when you encounter resistance. This session will introduce you to the Influence Equation—a simple, high-impact framework that will help you diagnose and overcome three major factors that fuel resistance in any given negotiation.
… Read Overcoming Resistance: The Influence Equation
Beyond the Back Table February 2025 Program Guide
In this two-day online course, you will step back to look beyond the negotiating table and discover how to understand and manage the individuals and groups who are not at the table, but who have a significant impact on the outcome of your negotiation, on your side and the other side.
… Read Beyond the Back Table February 2025 Program Guide
Ask A Negotiation Expert: The Surprising Benefits of Negotiating with Your Kids
Discover how negotiating with your kids can strengthen relationships, improve communication, and teach valuable life skills. Learn expert strategies for navigating family conflicts effectively.
… Read More
Unlocking Value in Complex Business Deals
Bonus day for June Negotiation and Leadership program.
Gain the strategies, tools, and frameworks you need to manage difficult conversations effectively in this program led by negotiation experts Sheila Heen and Douglas Stone.
… 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
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
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY PROGRAM | June 9–11, 2025
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
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.
… Read More
Negotiating When Parties Have Diverse, Deeply Held Convictions
Bonus day for May Negotiation and Leadership program.
Gain the strategies, tools, and frameworks you need to manage difficult conversations effectively in this program led by negotiation experts Sheila Heen and Douglas Stone.
… 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
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.
… Read More
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY PROGRAM | May 12–14, 2025
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 Negotiation: How to Negotiate Salary: Learn the Best Techniques to Help You Manage the Most Difficult Salary Negotiations and What You Need to Know When Asking for a Raise
Salary negotiations are often stressful and challenging. But with the right strategies, you can negotiate your employment terms with ease. In Salary Negotiation: How to Negotiate Salary: Learn the Best Techniques to Help You Manage the Most Difficult Salary Negotiations and What You Need to Know When Asking for a Raise, you’ll discover innovative ways … Read More
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 and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY PROGRAM | April 7–9, 2025
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
Overcoming Cultural Barriers in Negotiation: Cross Cultural Communication Techniques and Negotiation Skills From International Business and Diplomacy
Learn how to better understand cultural differences—and improve your working relationships—with Overcoming Cultural Barriers in Negotiation: Cross Cultural Communication Techniques and Negotiation Skills From International Business and Diplomacy.
… Read More
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? 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?
Practical Lessons from Great Negotiators
Bonus day for April Negotiation and Leadership program.
Gain the strategies, tools, and frameworks you need to manage difficult conversations effectively in this program led by negotiation experts Sheila Heen and Douglas Stone.
… Read Practical Lessons from Great Negotiators
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
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
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
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
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
Negotiation Essentials Online – December 17 – 18, 2024
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
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.
… Read More
Negotiation Essentials Online – June 3 – 5, 2025
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 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
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
Beyond the Back Table: Working with People and Organizations to Get to Yes
NEW ONLINE PROGRAM! BEYOND THE BACK TABLE: WORKING WITH PEOPLE AND ORGANIZATIONS TO GET TO YES February 25–26, 2025 | 9:00 a.m. – 5:00 p.m. ET
Go Beyond the Back Table
In this two-day online course, you will step back to look beyond the negotiating table and discover how to understand and manage the individuals and groups who are not … 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
Negotiating Salary: Confronting the Gender Pay Gap
In December 2014, leaks of data hacked from Sony Pictures revealed that when negotiating salary for their roles in the film American Hustle, actresses Jennifer Lawrence and Amy Adams came away with significantly less than their male costars in the ensemble cast. Lawrence and Adams were paid 7% of the film’s profits; Christian Bale, Bradley Cooper, … Read More
Semester Mediation and Conflict Management – Spring 2025
SEMESTER MEDIATION AND CONFLICT MANAGEMENT – ONLINE
Course Dates: Mondays, beginning January 27, 2025 and ending on April 7, 2025 from 6 to 8 p.m. ET (Note: There will be no class the week of February 17, 2025) Faculty: David Seibel and Stevenson Carlebach Join Our Waitlist!
After years working on Wall Street and on the launch team of a … 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
MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table
MESO negotiation, a negotiation strategy for creating value with a counterpart who may be reluctant to negotiate, allows negotiators to propose multiple offers without signaling commitment or preference for any one option. Business negotiators that practice integrative negotiation strategies often complain that although they try to focus on creating value, they run into far too many difficult … Read More
Beyond the Back Table: Working with People and Organizations to Get to Yes
NEW ONLINE PROGRAM! BEYOND THE BACK TABLE: WORKING WITH PEOPLE AND ORGANIZATIONS TO GET TO YES March 13-14, 2024 | 9:00 a.m. – 5:00 p.m. ET
Go Beyond the Back Table
In this two-day online course, you will step back to look beyond the negotiating table and discover how to understand and manage the individuals and groups who are not … 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
Teach Your Students to Negotiate 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 More
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
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
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
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
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
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.
… 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
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
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 Mediator Techniques
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
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
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 Hard-Bargaining Tactics to Watch Out for in a Negotiation
Some negotiators seem to believe that hard-bargaining tactics are the key to success. They resort to threats, extreme demands, and even unethical behavior to try to get the upper hand in a negotiation. In fact, negotiators who fall back on hard-bargaining strategies in negotiation are typically betraying a lack of understanding about the gains that … Read More
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
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
What Is the Difference Between Leadership and Management?: Successful Leadership Strategies From Harvard’s Program on Negotiation
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 Negotiations: How to Get To Win-Win
In this Special Report, we offer expert advice to help you close your most important sales negotiations.
… Read Sales Negotiations: How to Get To Win-Win
Power Tactics in Negotiation: How to Gain Leverage with Stronger Parties
When the other side seems to have all the power in a negotiation, what should you do? In recent years, that question has been an urgent one for many universities and libraries negotiating subscription agreements with the academic publishers that produce peer-reviewed scientific research journals. Confronted with skyrocketing pricing demands, several of these institutions have … 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
Mandated Mediation: What to Expect
Business contracts, as well as the courts, often compel parties to a dispute to engage in mandated mediation. What is mandated mediation, and what can you expect from the process?
… Read Mandated Mediation: What to Expect
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
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
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
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.
… 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
Aggressive Negotiation Tactics: Threats at the Bargaining Table
Broadly speaking, a threat is a proposition that issues demands and warns of the costs of noncompliance. Even if neither party resorts to them, potential threats shadow most negotiations. A wise threat satisfies your own interests and targets the other side’s interests. Consider whether the threat will truly help you achieve your broader goals. Issuing … Read More
Negotiation Skills: Which Negotiating Style Is Best?
Is one negotiation 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.
… Read More
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.
… Read More
How Fast-Food Workers Used Alternative Dispute Resolution (ADR) to Demand Higher Wages
Labor unions are the most obvious example of negotiating coalitions. If an individual employee made demands of its employer, the company could threaten to hire someone else.
… Read More
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
Unethical Negotiation Tactics: Are You Prepared for Dirty Tricks?
Unethical negotiation tactics are often difficult to detect at the bargaining table. But with advance knowledge of how they unfold, you can prepare to defuse them.
… Read More
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 Types of Negotiation Skills
Business people 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 … Read 5 Types of Negotiation Skills
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
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.
… Read More
Dispute Resolution Example: The Chicago Symphony’s Contract Dispute
A dispute resolution example involving the musicians of the Chicago Symphony Orchestra and management highlights the potential value of involving an influential mediator in negotiations.
… Read More
In Aggressive Negotiations, Hypothetical Questions Can Unlock Value
Contentious or aggressive negotiations are notoriously hard to manage. But research suggests that presenting a hypothetical solution in the form of a question can open up opportunities to collaborate.
… 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.
… Read More
Will You Avoid a Negotiation Impasse?
In the summer of 2016, Illinois became the only U.S. state in the past 80 years to go an entire year without a full operating budget, according to Reuters. It reached that dubious milestone thanks to an epic negotiation impasse between Republican governor Bruce Rauner and the Democratic-controlled state legislature. The story of the negotiation … Read Will You Avoid a Negotiation Impasse?
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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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
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
Check Out the Three-Party Coalition All-In-One Curriculum Package
A new way to go in-depth on the fundamental negotiation concepts and measure learning outcomes.
If you are new to teaching negotiation or are looking to go in-depth on the fundamental negotiation concepts, the Three-Party Coalition All-In-One Curriculum Package will provide you with everything you need to teach negotiation.
Three-Party Coalition, one of the Teaching Negotiation Resource Center’s most popular simulations, … Read More
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
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
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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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? Ethics in negotiations are an important subject. Learn how ethics in negotiations can change results at the bargaining table.
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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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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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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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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.
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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.
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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
Mediation Checklist: 5 Questions to Ask When Hiring Mediators
Are you hiring a mediator? When considering a potential mediator, create a mediation checklist and ask the following questions of those who have worked with him in the past.
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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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What is Anchoring in Negotiation?
What exactly is anchoring in negotiation, and how does it play out at the bargaining table? 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 … Read What is Anchoring in Negotiation?
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
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
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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How to Maintain Your Power While Engaging in Conflict Resolution
By following these steps, you can keep your edge while encouraging cooperative, rather than competitive, behavior in conflict management.
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Salary Negotiations: Reducing Gender and Racial Pay Gaps
Salary negotiations contribute to enduring gender and racial pay gaps. Research on the topic reveals how such gaps arise and suggests possible remedies that organizations can take.
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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
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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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 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
Conflict Management and Negotiation: Personality and Individual Differences That Matter
Although Elfenbein and her colleagues did find that negotiators performed at a similar level from one negotiation to the next, to their surprise, these scores were only minimally related to specific personality traits. And traits that are basically unchangeable, such as gender, ethnic background, and physical attractiveness, were not closely connected to people’s scores.
A small … 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, there are so many choices available to us. Understandably, disputants are often confused about which process to apply to their situation. This article offers some guidance.
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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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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”
What is Dispute System Design?
Dispute System Design (DSD) is the process of identifying, designing, employing, and evaluating an effective means of resolving conflicts within an organization. In order to be effective, dispute systems must be thoroughly thought out and carefully constructed.
… Read What is Dispute System Design?
Causes of Conflict: When Taboos Create Trouble
Among the many causes of conflict, taboo issues that arise in negotiation and other realms can be difficult to address. Here’s how to identify and broach these hot-button issues.
… Read Causes of Conflict: When Taboos Create Trouble
Dealing with challenging negotiators
Three research studies offer advice on how to cope with counterparts who display varying degrees of difficult behavior.
… Read Dealing with challenging negotiators
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
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
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
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
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
The Process of Business Negotiation
Negotiators are more satisfied with the outcome of a negotiation when they think the process has been fair, research shows. To maximize satisfaction and build a strong working relationship, don’t leave the process of business negotiation up to chance. Given the importance of negotiation in business communication, you’d be wise to consider the following seven … Read The Process of Business Negotiation
When Dealing with Difficult People, Look Inward
Yes, there are difficult people in the world, but people often have good reason for behaving as they do. Reexamining our assumptions for bias can help us better understand them—and ourselves.
… Read When Dealing with Difficult People, Look Inward
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
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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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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Conflict Management Skills When Dealing with an Angry Public
When negotiators get along well, creative problem solving is easy. When they become upset, however, they seem to forget everything they know about finding joint gain, to the point of giving up tangible wins simply to inflict losses on the other party. This is especially true in high-profile negotiations that turn nasty.
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Check Out the All-In-One Curriculum Packages – Available for Some of Our Most Popular Simulations
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 More
Negotiation Location Contributes to a Troubled Climate Change Summit
Negotiation location is often treated as an afterthought. But as was evident in the rocky 2024 UN climate change conference, the choice of locale can make or break a negotiation.
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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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Major Negotiations in History: In Paris Climate Talks, Planning Was Key
Among major negotiations in history, the 2015 Paris climate change talks stood out for their size and complexity. With the United States having exited the Paris Accord—and soon to reenter it—we look at how the facilitators organized chaos.
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Famous Negotiators: Angela Merkel and Vladimir Putin
At a January press conference back in 2015, 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 the two famous negotiators as well as the leaders of France and Ukraine.
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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 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
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
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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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.
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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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Communication and Conflict Management: Responding to Tough Questions
Most of us feel compelled to respond honestly and completely to direct questions in negotiation, communication and conflict management, even when doing so could hurt us. If you are currently underpaid, for example, answering the first question truthfully is liable to keep you that way.
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Hardball Negotiation Tactics: Time Pressure in Major League Baseball
Major League Baseball (MLB) games are known for their leisurely pacing. In recent years, off-season negotiations between teams and free agents have sometimes proceeded at a similarly glacial rate, to the consternation of players. Changing power dynamics have led teams to resort to hardball negotiation tactics, such as dragging out talks. As a result, players … Read More
Panda Diplomacy and Business Negotiations: Applying Soft Power
In 2011, Emiko Okuyama, the mayor of Sendai, Japan, launched a business negotiation that, at the time, seemed relatively straightforward. Sendai had been devastated by the earthquake and tsunami that hit Japan earlier that year. In hopes of lifting the spirits of children traumatized by the natural disasters, Okuyama and other local officials came up … Read More
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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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
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
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, negotiators are so stressed and fearful that they can be distrustful and rigid.
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Learning from BATNA Examples in Negotiation
How should you decide whether to accept or reject your counterpart’s final offer in negotiation? In their influential book, Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton advise comparing the deal to your BATNA, or best alternative to a negotiated agreement. If the offer is better than the best … Read Learning from BATNA Examples in Negotiation
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.
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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
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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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
Streaming Toward Win-Win Negotiation: Spotify Upgrades Its Negotiating Strategy
Win-win negotiation proved elusive for Spotify in 2006 negotiations with Taylor Swift. Seeming to have learned from that episode, the streaming service recently negotiated changes to its revenue-sharing model that content providers widely praised.
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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?
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?
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
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
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
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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Dispute Resolution Strategies for Managing Internal Conflicts in Organizations
How can dispute resolution skills in negotiation help manage internal conflicts within an organization? This article draws from negotiation research to present some bargaining tips on how you can insure satisfaction within and outside of an organization.
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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
Dealing with Difficult Clients: Price Negotiations
Dealing with difficult clients is never easy. To get a client relationship off on the right foot, follow guidelines from research to ensure that price negotiations go smoothly.
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Perspective Taking and Empathy in Business Negotiations
We are often counseled to engage in perspective taking and empathetic understanding to achieve better results in business negotiations, both for ourselves and for our counterparts. Yet perspective taking and empathy are two different skills. Perspective taking is a cognitive ability that involves considering how other people think. Empathy, by contrast, involves emotionally connecting with … Read More
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
M&A Negotiation Strategy: Missed Opportunities in Musk’s Twitter Deal
Would Elon Musk buy Twitter or wouldn’t he? In mid-2022, that was the $44 billion dollar question at the heart of a legal battle between the Tesla and SpaceX founder and the social media platform now known as X. But a deeper question was largely overlooked: From the mess the parties got themselves into, was … Read More
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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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
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.
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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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Essential Negotiation Skills: Limiting Cognitive Bias in Negotiation
In past articles, we have highlighted a variety of psychological biases that affect negotiators, many of which spring from a reliance on intuition, and may hinder integrative negotiation. Of course, negotiators are not always affected by bias; we often think systematically and clearly at the bargaining table. Most negotiators believe they are capable of distinguishing … Read More
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.
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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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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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International Negotiations and Agenda Setting: Controlling the Flow of the Negotiation Process
When two groups are embroiled in a conflict, it is common for the party with less power to have difficulty convincing the more powerful party to sit down at the negotiating table in international negotiations. In such cases, the more powerful player is likely to resist the notion of shaking up the status quo—and thus … 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.
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Contract Negotiation Skills: Setting Yourself Up for Success
Our contract negotiation skills need to go beyond getting a great deal in the short term. As failed partnership on Covid-19 vaccine production illustrates, strong safeguards and oversight are needed to ensure long-term success.
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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
Pros and Cons of Email Communication
The pros and cons of email communication are worthy of consideration, given our continued reliance on email in business negotiations. Research on email negotiations highlights likely pitfalls and how to overcome them.
… Read Pros and Cons of Email Communication
Teaching Critical Leadership Skills
Running a multinational corporation, starting a small business, or leading a diplomatic mission all require critical leadership skills. Being an effective leader necessitates negotiating both within your organization and with external partners. In Real Leaders Negotiate, author Jeswald Salacuse explains that leaders can increase their effectiveness by using negotiation in each of the three phases … Read Teaching Critical Leadership Skills
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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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.
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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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Managing Difficult Employees: Listening to Learn
Managing difficult employees is one of the biggest challenges that leaders face. When employees seem unreasonable, belligerent, or uncooperative, managers may be tempted either to brush aside the problem or, alternatively, to fly off the handle.
A better solution when managing difficult staff? Use negotiation techniques to get to the root of underlying problems. The following … Read Managing Difficult Employees: Listening to Learn
Influence Tactics in Negotiation
Whether we notice them or not, social norms—the rules of behavior deemed acceptable in society—strongly influence our behavior. We automatically lower our voices when we enter a library and raise them at football games. We arrive at work on time but show up to dinner parties half an hour late. We stop at red lights … Read Influence Tactics in Negotiation
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?
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
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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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?
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 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
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
Dear Negotiation Coach: Should You Say Thank You for Concessions in Negotiations?
While saying thank you is an oft expected social nicety, should you express thanks for concessions in negotiations? The answer is surprising.
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For Professional Negotiators, Three Is a Magic Number
Everything good comes in threes, they say. For storytellers, this means understanding that readers and listeners find a sequence of three things to be memorable, satisfying, and compelling—whether it’s three bears, three little pigs, or three kings. For professional negotiators, sequences of three can be rewarding as well. The following examples of good negotiation skills … Read More
Implicit and Explicit Bias: When Negotiators Discriminate Based on Race
Both implicit and explicit bias can disadvantage racial minorities at the bargaining table. Here’s what to do about it, keep reading.
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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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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
How to Win at Win-Win Negotiation
Win-win negotiation, contrary to popular belief, doesn’t require us to choose between collaborating and competing. Here’s how to get the best of both worlds.
… Read How to Win at Win-Win Negotiation
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 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.
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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. The story, which could repeat itself after the next TV … Read Salary Negotiations in the NBA and Beyond
Top International Negotiation Examples: Apple’s Apology in China
In one of the top examples of international negotiation in April 2013, Apple CEO Timothy D. Cook made the unusual move of apologizing to Chinese customers for his company’s warranty policy and promised to make amends, the New York Times reports.
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What Hostage Negotiations Can Teach Business Negotiators
Hostage negotiations might seem to have little in common with the typical business negotiation. But, in fact, there is much we can learn from them, according to former hostage negotiator George A. Kohlrieser.
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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
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
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
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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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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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
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.
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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
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
AI Mediation: Using AI to Help Mediate Disputes
AI mediation is on the rise, with chatbots increasingly assisting human mediators in resolving disputes. Here’s what AI mediation is capable of—and where it falls short.
… Read AI Mediation: Using AI to Help Mediate Disputes
For Business Negotiators, Patience Can be a Virtue
Business negotiators know that persistence and tenacity can make all the difference between impasse and a game-changing breakthrough. Take the saga behind Microsoft’s 2013 announcement of its pending $7.2 billion acquisition of Finnish mobile phone company Nokia’s handset and services business. The two parties engaged in many months of fruitless talks before either side believed … Read More
Negotiation Team Dynamics: The Divide-and-Conquer Strategy
Negotiation team dynamics can allow for a range of novel negotiation techniques, including the divide-and-conquer strategy.
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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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Dear Negotiation Coach: What is the Secret to Negotiating with Kids Successfully?
Some of our toughest negotiations happen away from the bargaining table. In fact, they may happen closer to our dinner table. We received a question from a reader about negotiation with kids, and asked Program on Negotiation’s Katie Shonk for some insight.
Q: I avoid using hardball tactics in my professional negotiations since they often backfire … Read More
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?
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
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.
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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.
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Dealmaking Secrets from Henry Kissinger
More than 1,600 international relations experts from across the political spectrum overwhelmingly rate Henry Kissinger, who served under former presidents Richard Nixon and Gerald Ford, the most effective secretary of state of the last half-century. In their book, Kissinger the Negotiator: Lessons from Dealmaking at the Highest Level (Harper, 2018), James K. Sebenius, R. Nicholas … Read Dealmaking Secrets from Henry Kissinger
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”
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 former 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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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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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
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. professional sports leagues.
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Top 10 International Business Negotiation Case Studies
International business negotiation case studies offer insights to business negotiators who face challenges in cross-cultural business negotiation.
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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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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?
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
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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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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An Example of the Anchoring Effect – What to Share in Negotiation
The prospect of sharing information with a negotiating counterpart can be scary – it can fix your counterpart into a position at the negotiation table you didn’t intend (an example of the anchoring effect).
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Top 10 Notable Negotiations
In 2017, all eyes were on Washington as a president with a reputation as a dealmaker entered the White House. The following negotiations from the past year, both inside and outside of politics, caught our eye due to the broader lessons they offer business negotiators.
… Read Top 10 Notable Negotiations
Renegotiation Lessons from the NAFTA Talks
Renegotiation poses significant challenges to negotiators, especially when they are dissatisfied with their current agreement.
… Read Renegotiation Lessons from the NAFTA Talks
In Conflict Resolution, President Carter Turned Flaws Into Virtues
When it comes to conflict resolution, surprisingly useful nuggets of advice come from the realm of international conflict. Take the Camp David Accords of 1978, as described minute-by-minute by Lawrence Wright in his new book, Thirteen Days in September. U.S. President Jimmy Carter made history by negotiating a peaceful end to the conflict between Israel … Read More
Negotiating Identity and Values-Based Disputes
How Do Parties in Conflict Negotiate Core Beliefs?
Identity and values-based disputes are particularly challenging to resolve, as identities are naturally inflexible and values are typically much less elastic than interest-based issues. In conventional interest-based negotiation, parties often do give up one thing in exchange for getting something they want more. This is often not possible … Read Negotiating Identity and Values-Based Disputes
Increase Your Power in Negotiation
In July 2019, the U.S. Federal Trade Commission (FTC), the country’s consumer protection agency, voted to fine Facebook roughly $5 billion for mishandling its users’ personal data. It was by far the biggest penalty the U.S. government had levied against a technology company.
… Read Increase Your Power in Negotiation
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. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute resolution … Read More
Emotional Triggers: How Emotions Affect Your Negotiating Ability
Imagine you’re about to negotiate with a competing firm about a possible merger, but will need to combat emotional triggers. 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. But you’re in a terrible mood.
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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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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?
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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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.
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Servant Leadership and Warren Buffett’s Giving Pledge
Billionaire Warren Buffett is not particularly interested in making more money for himself. At 85 years old, he has amassed a staggering fortune, worth over $65 billion. Instead, what has consumed him for the last six years is how to give it all away, and how to convince other billionaires to do the same.
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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 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
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
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
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
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
Effective Negotiation Strategies for Dealing with Competitors
In the business world, organizations take competition for granted, to the extent that they often overlook opportunities to meet their goals by working with one another. But the benefits of negotiation in business can extend to our dealings with competitors. Recent high-profile negotiations highlight three effective negotiation strategies competitors can use to cooperate and compete.
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Conflict Resolution Scenarios: Negotiating Values
The most heated types of conflict in organizations and in our personal lives often concern our core values, such as our personal moral standards, our religious and political beliefs, and our family’s welfare. Such values conflicts can escalate and intervening quickly in cases of conflict is essential. The following three conflict resolution scenarios can help … Read Conflict Resolution Scenarios: Negotiating Values
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
Government Negotiations and Beyond: Using Carrots and Sticks Effectively
In 1987 government negotiations, U.S. president Ronald Reagan and Soviet General Secretary Mikhail Gorbachev took early steps to end the Cold War by signing the Intermediate-Range Nuclear Forces (INF) arms control treaty in Washington, D.C. Banning all ground-launched nuclear and conventional missile systems within a certain range, the INF treaty put in place a strict … Read More
AI Negotiation in the News
OpenAI’s unveiling of its ChatGPT software in late 2022 has led to some notable conflicts and negotiations, in addition to new applications of AI to negotiation and conflict resolution. Here’s a roundup of recent AI negotiation stories in the news.
… Read AI Negotiation in the News
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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Win-Win Bargaining: Private Negotiation, Public Auction, or Both?
Win-win bargaining requires us to choose the right dealmaking process. News stories involving Amazon and Apple highlight the pros and cons of private negotiations, public auctions, and hybrid negotiauctions.
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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?
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
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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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.
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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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Conflict Resolution in the Family
In Lessons in Domestic Diplomacy, the New York Times’ Bruce Feiler, drawing on family conflict resolution negotiation examples in his past, offers a case study of conflict management by focusing on disputes in the home, asking, “how do we break out of negative patterns of conduct and proactively approach problems encountered in our everyday lives?”
… Read Conflict Resolution in the Family
Pope Francis and the Benefits of Servant Leadership in Negotiations
Progress on global climate change accords has been incremental at best and nonexistent at worst. As in any negotiation, it is important to get the issues right and make sure all the relevant parties are at the table, but this is often easier said than done. Good leadership can help you ensure that both happen, … Read More
Learning from Feedback without Losing Your Mind
During the coronavirus pandemic, you might have gotten a lot of feedback, whether from the new “coworkers” in your home, the boss you only see in video meetings, or strangers critical of your social-distancing practices. You can begin learning from feedback, though. Instead of retreating after receiving feedback, open up a conversation, Heen and Stone … Read Learning from Feedback without Losing Your Mind
Relationship-Building in Negotiation
Forging close bonds typically helps negotiators reach better deals, work together effectively over time, and manage conflict—yet negotiators often rush through the process of relationship-building in negotiation. Here’s advice on how to approach this important aspect of negotiation more methodically.
Overcome Partisan Perceptions
An unconscious bias often gets in the way of relationship-building in negotiation: partisan perceptions, or … Read Relationship-Building in Negotiation
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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Trust in Negotiation: Does Gender Matter?
It can be difficult to assess whether to trust a counterpart in negotiation. As a result, we often fall back on unreliable information, such as gender stereotypes, when making trust-related decisions. Let’s review what we know about the link between gender and trust in negotiation, and then consider effective means of measuring and building trust … Read Trust in Negotiation: Does Gender Matter?
BATNA Examples—and What You Can Learn from Them
What are BATNA examples in negotiation? In their bestseller Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton (Penguin, 1991) described BATNA, or best alternative to a negotiated agreement, as the path you’ll follow if you don’t reach agreement in your current negotiation.
… Read BATNA Examples—and What You Can Learn from Them
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.
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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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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 … Read More
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
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
Principled Negotiation: Focus on Interests to Create Value
Inexperienced negotiators and even many experienced negotiators tend to assume they have a choice between two main strategies: negotiate in a tough, demanding manner or in a friendly, accommodating manner. In fact, 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 … Read More
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
Managing a Multiparty Negotiation
What is multiparty negotiation? Multiparty negotiations can be incredibly challenging. Just ask the negotiators from over 170 countries who managed to reach agreement back in 2015 on a legally binding accord to combat climate change.
… Read Managing a Multiparty Negotiation
Negotiating with Liars: Bluffing versus Puffing
How many times 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
5 Dealmaking Tips for Closing the Deal
What should you do when you’ve done everything right, but you still aren’t closing the deal? Here are some dealmaking tips.
… Read 5 Dealmaking Tips for Closing the Deal
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
Value Creation in Negotiation
Many people say they dread negotiating and avoid it whenever they can. Why? Typically, because they view negotiation as a competition in which one party’s gains come at the expense of the other party.
… Read Value Creation 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.
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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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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 during bargaining? Sometimes talks get off on the wrong foot. Maybe you and your partner had a different understanding of your meeting time, or one of you makes a statement that the other misinterprets. … Read More
Deception in Negotiation
Lying in negotiations is both an ethical and strategic risk. Rather than misrepresenting the truth, a better approach is to reshape reality to align with your goals, making it easier to be truthful. This strategy resolves the dilemmas of dishonesty while maintaining integrity.
… Read Deception in Negotiation
Casino Two: Updated Version of Casino Available from the TNRC
Gender can play a complex role in workplace dynamics, and so teaching students about how to approach these issues is critical. The Casino simulation, available from the Teaching Negotiation Resource Center (TNRC), has been widely used to teach participants about the role gender can play in the workplace. Now there is a new, updated version which … Read More
Employee Mediation Techniques – Resolve Disputes and Manage Conflict with These Mediation Skills
If you manage people, disputes will show up at your door. Here are some mediation techniques from the world of alternative dispute resolution to help you resolve conflicts with employees in the workplace.
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Amazon–Whole Foods Negotiation: Did the Exclusive Courtship Move Too Fast?
In the Amazon–Whole Foods negotiation, an insistence on exclusivity led the two parties to quickly get down to business. But speed may have led them to overlook an important factor: culture.
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To Achieve a Win-Win Situation, First Negotiate with Yourself
In business negotiations, our actions and reactions often go against creating a win-win situation. Self-examination can help, writes Getting to Yes author William Ury in his book, Getting to Yes with Yourself (and Other Worthy Opponents).
… Read More
A Top International Negotiation Case Study in Business: The Microsoft-Nokia Deal
Let’s look at the international negotiation case study of Microsoft’s decision to purchase Finnish mobile phone company Nokia’s mobile device business for $9.5 billion. The deal, which closed in 2014, quickly proved disastrous: Microsoft wrote off nearly all of the deal’s value and laid off thousands of workers in July 2015. Although there were many … Read More
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.
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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?
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. In a negotiation where pride and property are at stake, it may help to know when to give up the fight with your counterpart.
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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 real-world negotiation examples across government and industry that provide negotiation lessons for all business negotiators.
… Read 10 Real-World Negotiation Examples
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
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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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
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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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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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
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
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.
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Teach Your Students How to Have Difficult Conversations Over Email
Negotiating over email has its own unique challenges and opportunities. For example, people often assume that the emails they have sent are read immediately and so experience anxiety when there isn’t a prompt response, failing to account for reasonable delays. Email negotiations also provide a permanent record of what is discussed which can be a … Read More
Move Beyond Impasse in Negotiation
Facing impasse in negotiation? During the 2018-2019 U.S. government shutdown, Program on Negotiation experts analyzed the impasse and offered solutions that can be applied to a wide variety of negotiations.
… Read Move Beyond Impasse in Negotiation
Consensus-Building Techniques
Consensus-building techniques can help parties facing a group decision reach longer-lasting, more harmonious outcomes than resorting to an up-or-down vote. Several different approaches are available to parties engaged in consensus building.
… Read Consensus-Building Techniques
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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When Business Negotiations Fall Flat
Business negotiations fail for many reasons. An attempted merger between Renault and Fiat Chrysler collapsed, despite its potential benefits, because of the failure to consider how it would play with interested parties.
… Read When Business Negotiations Fall Flat
Employment Contract Negotiation: Morals Clauses
Employment contract negotiation in some industries involves the negotiation of morals clauses—an increasingly common way for organizations to protect themselves from employee misbehavior.
… Read Employment Contract Negotiation: Morals Clauses
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”
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
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?
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
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
How to Counter a Job Offer: Avoid Common Mistakes
Imagine that after a long search, you’ve just gotten an offer for a highly appealing job. You’re tempted to accept it on the spot. At the same time, the job offer isn’t a perfect fit: the salary and a couple of other issues fall somewhat short of what you had hoped for. What should you … Read How to Counter a Job Offer: Avoid Common Mistakes
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
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
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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Successes & Messes: A Notoriously Bad Business Contract
In business contract negotiations, we’re sometimes tempted to break the mold and do things in a new and entirely different way. But if our strategies aren’t supported by sound analysis and advice, we risk winding up with regrets. Take the case of star running back Ricky Williams, now retired, and the sports agency he worked … Read More
Gender and Negotiation: New Research Findings
Our assumptions about gender and negotiation are often based on outmoded, inaccurate stereotypes. Recent research reveals how our thinking fails us—and how we might do better.
… Read Gender and Negotiation: New Research Findings
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
Individual Differences in Negotiation—and How They Affect Results
Negotiation advice is often “one size fits all,” yet we approach negotiations with vastly different experiences and traits. How do individual differences in negotiation play out? In one study, Washington University professor Hillary Anger Elfenbein and her colleagues found evidence that individual differences, including personality, accounted for an impressive 49% of the variance in negotiators’ … Read More
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
Government Negotiations: The Brittney Griner Case
Government negotiations can be complicated by public scrutiny, competing interests, and the involvement of private-sector negotiators. The U.S. government’s efforts to secure Brittney Griner’s release from Russia highlight all these challenges and more.
… Read Government Negotiations: The Brittney Griner Case
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.
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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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Types of Negotiation for Business Professionals
An understanding of the most common types of negotiation used in the business world will help you prepare to get the best deal possible—while building a strong reputation as an honest and effective negotiating counterpart.
… Read Types of Negotiation for Business Professionals
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
Negotiation Ethics: What’s Gender Got to Do with It?
The strength of our negotiation ethics may vary depending on our gender, according to one study. Here’s why this may be the case—and advice on how we can all live up to our high standards.
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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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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
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
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
Should You Negotiate a Job Offer?
Should you negotiate a job offer? It’s a question that torments many job candidates—yet according to new research, the answer is crystal clear.
… Read Should You Negotiate a Job Offer?
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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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
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
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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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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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
Communication in Negotiation: How Hard Should You Push?
Communication in negotiation is a critical factor, especially when a counterpart might not be amenable to agreement.
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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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Persuasion in Negotiation: How Tracy Chapman Was Convinced to Play at the 2024 Grammys
Tracy Chapman’s surprise performance of her 1988 hit song “Fast Car” alongside country star Luke Combs electrified the 2024 Grammy Awards. Combs’ cover had introduced the award-winning folk classic to a new audience. But Chapman’s decision to perform it at the Grammys was far from a foregone conclusion. The story of how she came to … Read More
Dear Negotiation Coach: Making a Deal When You Have Anxiety
One of the issues many negotiators have is anxiety about making a deal. Will it be a fair process? Will you get what you want? Or will you damage a relationship in the process if you’re too aggressive or incompetent? In these situations, you may find that your palms are sweaty, your heart is racing, … Read More
In Business Negotiations, Patience Is a Virtue
In business negotiations, we often face pressure to reach quick results. But as illustrated in a new negotiation podcast, wise dealmakers wait until conditions are right to negotiate.
… Read In Business Negotiations, Patience Is a Virtue
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
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
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
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
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?
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.
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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
Negotiation Case Studies: The Bangladesh Factory-Safety Agreements
We can learn a lot from negotiation case studies. On April 24, 2013 an eight-story building in Bangladesh known as Rana Plaza collapsed, killing an estimated 1,129 people, many of them low-wage garment workers who made goods for foreign companies. In the weeks after the disaster, apparel outsourcers faced mounting public pressure to address hazardous … Read More
Lessons from M&A Negotiation Strategy: Should You Hire an Agent?
No matter the size of your deal, there’s a lot that business negotiators can learn from the high-flying world of mergers and acquisitions (M&A). In particular, a shift in technology firms’ M&A negotiation strategy during the 2010s is worth revisiting for what it can tell us about the role of agents in negotiation.
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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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Deal-Making Don’ts: Lessons from Yahoo’s Tumblr Acquisition
On May 19, 2013, internet company Yahoo announced it was purchasing the blogging service Tumblr for about $1.1 billion in cash. The acquisition was intended to put a fresh face on the aging Internet company and provide it with a profitable revenue source. But those plans didn’t play out: In August 2019, Tumblr was bought … Read More
Labor Relations: Negotiating Collective Bargaining Agreements
Contract bargaining in labor relations is one of the most complex areas of negotiation and dispute resolution. There are rarely clear cut or mutually agreed upon notions of what a fair salary and benefits package would be, so employers and workers, either individually or collectively, often find themselves at odds. Furthermore, contract bargaining in a … Read More
Dear Negotiation Coach: Do Leading Negotiation Experts Practice What they Preach?
When negotiation experts gather in the same room, how do they negotiate? Program on Negotiation chair Guhan Subramanian gives us the inside scoop.
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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
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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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
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
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
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
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
Trump’s Negotiating Style as President-Elect
Donald J. Trump entered the Oval Office with considerable dealmaking experience in the business world. But his blank slate as an elected official combined with his fluctuating positions on key issues such as immigration and tax policy throughout the presidential race left many wondering what his negotiating style would be.
In the months between being elected U.S. president … Read Trump’s Negotiating Style as President-Elect
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
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
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.
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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
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
BATNAs: Beyond the Basics
Knowledge of your BATNA, or best alternative to a negotiated agreement, can help you avoid accepting a subpar deal—but it’s important to tailor the concept to your long-term partnerships and keep opportunities for value creation at the forefront.
… Read BATNAs: Beyond the Basics
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 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?
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
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: “I deal with legal disputes and would like to find reasonable solutions without wasting years in court. But my opponents seem to feel compelled to make extreme—actually, insulting—opening offers. How should I respond to these … 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. The negotiation planning process behind Disney’s acquisition of Lucasfilm suggest the value of long-term planning, trust building, and careful deliberation.
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Negotiation Journal Now Open Access, New Issue Just Released!
The Negotiation Journal – a multidisciplinary publication focused on negotiation, mediation, and conflict resolution – celebrates 40 years, joins MIT Press, and is now fully open access.
The Negotiation Journal is an international, multidisciplinary journal devoted to the publication of works that advance the theory, analysis, practice, and instruction of negotiation, mediation, and conflict resolution. Now … Read More
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
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?
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.
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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
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
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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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
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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How Collaborative Leadership Helped Former Competitors Profit
Collaborative leadership offers competitors opportunities to create value through negotiation, but it must be pursued with an awareness of potential pitfalls, a case study of the California raisin industry shows.
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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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Dear Negotiation Coach: Dealing with an Exploding Offer
An exploding offer is one with a time limit, which you’ll often find in the job market as employers are looking to hire quickly and may also not want to be your second choice while you wait for another offer to come in first. Katherine Shonk answers the begging question about what to do when … 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.
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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
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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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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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.
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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.
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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.
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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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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. In conflicts related to personal identity, and deeply-held beliefs or values, however, negotiation dynamics can become more complex and require alternative dispute resolution tactics for conflict … 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.
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A Difficult but Well-Fought Negotiation Campaign
A negotiation campaign formed around saving and expanding legislation that assists Americans harmed by government nuclear testing. The efforts highlight the value of negotiating on multiple fronts.
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10 Great Examples of Negotiation in Business
A number of noteworthy disputes among businesses, organizations, and individuals made headlines over the last few years and demonstrate the importance of negotiation in business.
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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.
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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
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.
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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.
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Top 10 Notable Negotiations of 2022
Looking back at our Top 10 Notable Negotiations of 2022, which highlight key lessons that negotiators can take away from dealmaking and conflict resolution in government, business, and beyond.
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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.
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Does Your Negotiation Process Need Improvement?
An inefficient negotiation process wastes time and money. To create a negotiation process that eliminates headaches and leads to win-win deals, take a page from the NFL’s playbook.
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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
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.
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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.
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Conflicts of Interest: How to Avoid and Manage Them
Conflicts of interest often arise when we hire agents to negotiate on our behalf. A dispute between TV writers and their agents highlights such competing motives and suggests how to handle them.
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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.
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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?
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.
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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
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
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
Crisis Negotiation Lessons: The U.S.-Russia Prisoner Swap
A crisis negotiation presents seemingly insurmountable challenges. Yet we can learn much from its complexity, as the 2024 prisoner swap between the United States and Russia shows.
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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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Persuasion Tactics in Negotiation: Playing Defense
Persuasion tactics can lead us to make decisions in negotiation that we later regret. Fortunately, there are strategies available that can help us avoid being taken for a ride.
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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
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
Jeswald Salacuse: A Great Scholar, Leader, and Negotiator
Jeswald Salacuse, a Tufts University professor and pivotal member of the Program on Negotiation, made rich and lasting contributions to the fields of negotiation, leadership, and beyond over the course of his distinguished career.
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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
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
Daniel Kahneman Showed Negotiators a More Rational Path
The late psychologist Daniel Kahneman, with his research partner Amos Tversky, spurred a scientific revolution in economics by pinpointing predictable ways in which intuition impairs our judgment. The pair also made key contributions to our understanding of negotiation.
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Conflict Resolution in the Ebook Era
New technologies bring new business models—and often, lawsuits follow. Various disputes involving ebooks in recent years highlight the need to approach negotiations carefully so that you can minimize the need for conflict resolution.
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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
Types of Conflict in Negotiation
There are many types of conflict in negotiation, from the constructive to the destructive. We consider four types of conflict in negotiation that you can learn to prepare for and address.
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Hard Bargaining in Negotiation
Hard bargaining in negotiation is often touted as the best way to get what you want when all else fails. But as recent news stories illustrate, hard bargaining often backfires unless used in tandem with more collaborative strategies.
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Planning for Cyber Defense of Critical Urban Infrastructure
Save Fairport: Planning for Social Cyber Defense of Critical Urban Infrastructure
Cybersecurity for critical urban infrastructure is a major public safety issue for cities. Cyber-attacks can cause major physical damage, as well as sow chaos and undermine public faith in government. Cyber criminals constantly develop new types of malware, which may not be detectable by current … Read More
Selling the Deal to Outsiders
Business negotiations require intensity and focus. Unfortunately, the level of focus required to work through complex issues with our counterparts across the table often leads us to forget about the importance of selling the deal to outsiders.
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To Break Impasse, Move Beyond Concerns about Fairness in Negotiation
Think about the last time you engaged in an otherwise cordial bargaining session that reached an impasse. Maybe you were far apart on price or disagreed about who was responsible for a serious problem. In such cases, parties often have different views about what constitutes fairness in negotiation.
That’s what happened in 2014, when negotiators from … Read More
Creative Deal Structuring: Negotiating Conditions
Creative deal structuring can transform an unappealing offer into one you