What is distributive negotiation? Distributive negotiation involves haggling over a fixed amount of value—that is, slicing up the pie. In a distributive negotiation, there is likely only one issue at stake, typically price. When you are negotiating with a merchant in a foreign bazaar, or over a used car closer to home, you are generally … Read More 
Learn how to negotiate like a diplomat, think on your feet like an improv performer, and master job offer negotiation like a professional athlete when you download a copy of our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.
negotiation
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:
Mediating Disputes
Course Dates: June 1-5, 2020
In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate disputes across a variety of contexts.
This program will provide you with core … Read More
Harvard Negotiation Institute 2020 Summer Programs Guide
In this Special Guide, we provide details on all the courses available at Harvard Negotiation Institutes Summer Programs. Included in this guide are details on why you should attend the Harvard Negotiation Institutes Summer Program, learning objectives for each course, distinguished faculty who will be teaching the courses, and registration details.
… Read More
For a Mutually Beneficial Agreement, Collaboration is Key
At the Program on Negotiation, we urge you to aim higher by combining such competitive value-claiming with collaborative value creation. Not because it’s the “nice” thing to do, but because it’s been proven to be the best path to a truly mutually beneficial agreement.
… Read More
Negotiation Workshop: Improving Your Negotiating Effectiveness
Course Dates: June 1-5, 2020
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 appreciation … Read More
Negotiation and Leadership Spring 2020 Brochure
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
Putting Your Negotiated Agreement Into Action
Normally negotiators focus on the deal-at-hand as well as those present at the negotiation table, neglecting other aspects of the negotiated agreement that would not only impact others outside of the room but also require their cooperation for the agreement’s success and viability.
… Read More
Negotiation Workshop: Strategies, Tools, and Skills for Success
Course Dates: June 8-12, 2020
Turn disputes into deals. Transform deals into better deals. Resolve intractable problems. Negotiating effectively requires the ability to change the game – moving away from conflict and toward collaboration. In this intensive, interactive program, you acquire a proven framework for maximizing the value of your negotiation.
… Read More
Negotiation Master Class Spring 2020 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?
The Program on Negotiation is pleased to announce the Negotiation Master Class, … Read More
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.
Fearful of being hurt by revealing too much information, most negotiators play their facts and preferences close to the vest. … Read More
Secrets of Successful Dealmaking
Course Dates: June 8-12, 2020
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 pursuing … Read More
Negotiation Master Class Fall 2019 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?
The Program on Negotiation is pleased to announce the Negotiation Master Class, … Read More
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
Negotiating Difficult Conversations: Dealing with Tough Topics Productively
Course Dates: June 8-12, 2020
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 help … Read More
Negotiation Advice from Negotiation Briefings: The Best of “Dear Negotiation Coach”
This free report offers best practices on a variety of negotiation and conflict resolution topics—from how to quell nerves, to drawing information out of counterparts, to dealing with hard bargainers.
… Read More
Persuasive Parenting through Negotiation
In his book How to Negotiate with Kids…Even When You Think You Shouldn’t (Viking, 2003), Scott Brown, a co-founder of the Harvard Negotiation Project at Harvard Law School, outlines a framework for dealing with your children using the principles of negotiation.
He identifies six principles of “persuasive parenting” that will allow you and your child to … Read More
Advanced Mediation Workshop: Mediating Complex Disputes
Course Dates: June 8-12, 2020
You’ve handled numerous mediation sessions with ease. You are confident in your mediation skills, especially between two parties who want a fair resolution. But how do the dynamics change when their lawyers join the session? What happens when the mediation expands to multiple parties who are bringing many issues to the … Read More
Negotiation and Leadership Fall 2019 Brochure
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
Power in Negotiation: How Effective Negotiators Project Power at the Negotiation Table
Negotiating power generally comes from one of three sources, according to Northwestern University professor Adam D. Galinsky and New York University professor Joe C. Magee.
… Read More
Negotiation and Leadership: Dealing with Difficult People and Problems BR
Negotiation and Leadership Dealing With Difficult People and Problems Spring sessions: April 16–18 | May 14–16 | June 18–20 2018 Fall sessions: September 24–26 | October 15–17 | December 3–5 2018 Focused one-day sessions Spring sessions: April 19, 2018 | May 17, 2018 | June 21, 2018 Fall sessions: September 27, | October 18, | December 6, 2018
.embed-container { position: relative; padding-bottom: 56.25%; height: 0; … Read More
Negotiation and Leadership Summer 2019 Brochure
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
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 More
Negotiation and Leadership: Dealing with Difficult People and Problems AQ
Negotiation and Leadership Dealing With Difficult People and Problems Spring sessions: April 16–18 | May 14–16 | June 18–20 2018 Fall sessions: September 24–26 | October 15–17 | December 3–5 2018 Focused one-day sessions Spring sessions: April 19, 2018 | May 17, 2018 | June 21, 2018 Fall sessions: September 27, | October 18, | December 6, 2018
.embed-container { position: relative; padding-bottom: 56.25%; height: 0; … Read More
Harvard Negotiation Institute 2019 Summer Programs Guide
In this Special Guide, we provide details on all the courses available at Harvard Negotiation Institutes Summer Programs. Included in this guide are details on why you should attend the Harvard Negotiation Institutes Summer Program, learning objectives for each course, distinguished faculty who will be teaching the courses, and registration details.
… Read More
BATNA and Risky Negotiation Tactics
Your BATNA is your “best alternative to a negotiated agreement.” Expect that your negotiating counterpart has one going into a negotiation, and so should you. Below is a good BATNA negotiation example involving how to leverage your away-from-the-bargaining-table options and the risks inherent with such a negotiation strategy.
… Read More
Negotiation and Leadership NL P
It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More
Negotiation Master Class Spring 2019 Program Guide
Over the years thousands of professional 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?
The Program on Negotiation is pleased to announce the Negotiation Master Class, … Read More
A Win Win Negotiation Case Study Using Mind Mapping Negotiation Skills
A win win negotiation case study using mind mapping to discover your counterpart’s interests for collaborative, integrative negotiations can occur.
… Read More
Negotiation and Leadership NL O
It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More
Negotiation and Leadership Spring 2019 Brochure
It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training.
… Read More
Negotiating for a Win Win Coalition at the Bargaining Table
If a pet project of yours is facing an up-or-down vote, negotiation can be a powerful tool to help sway the outcome in your favor. One example was New York governor Andrew M. Cuomo’s successful campaign to legalize same-sex marriage in the state, as described by Michael Barbaro in the New York Times.
… Read More
Sidetracked: Understanding the Psychological Barriers that Derail Negotiations
We all experience emotionally challenging conflicts and negotiations. Whether you are negotiating with your board or with your family, over internal resources or with external partners, as the buyer or as the seller, emotions can turn an otherwise productive negotiation into an unprofitable disaster.It does not have to be that way. In this interactive workshop, … Read More
NEW FREE REPORT! Salary Negotiations
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
In Contract Negotiation, Wise Business Negotiators Sweat the Small Stuff
What are business negotiators responsible for in contract negotiation? Many would say they’re in charge of building relationships and new business, crafting creative solutions, and fighting for the best deal possible. Few, however, would say they’re responsible for ensuring that the deal holds up well over time.
… Read More
Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – April 6-8th, 2020
Strictly limited to 60 participants who have completed a prior course in negotiation, this first-of-its-kind program offers unprecedented access to experts from Harvard Law School, Harvard Business School, and the Massachusetts Institute of Technology—all of whom are committed to delivering a transformational learning experience. By working closely with them, you will:
… Read More
Overcoming Cultural Barriers in Negotiation
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
Skills Needed for Negotiation: BATNA Analysis
Ask almost any real estate agent, and you’ll hear that homeowners often turn down decent offers in the hope of getting a better one that never materializes. Such miscalculations reflect the difficulty of assessing an uncertain BATNA, or best alternative to a negotiated agreement.
According to negotiation experts, the ability to accurately compare the deal on … Read More
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership Dealing With Difficult People and Problems Fall: December 5-7, 2016 Spring: April 18-20, 2017 | May 15-17, 2017 | June 19-21 2017
Become a More Effective Negotiator Great leaders are great negotiators. By equipping you with the innovative negotiation strategies you need to excel at the bargaining table, Negotiation and Leadership will help you:Improve working relationships and resolve seemingly … Read More
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
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 More
Difficult Conversations: How to Discuss What Matters Most
Whether dealing with a challenging customer, a difficult supplier, an unhappy employee, an unreasonable official, or a demanding boss, we all have conversations we anticipate with dread. Gain the strategies, tools, and frameworks you need to manage difficult conversations effectively in this one-day program led by negotiation experts Bruce Patton and Douglas Stone.
… Read More
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
Asking for More in Salary Negotiation: Jennifer Lawrence and Jennifer Aniston Speak Out
“We’re very much a sexist society,” actress Jennifer Aniston said in back in 2015 in an interview with the New York Times, addressing not just the constant questions she faces about marriage and children, but about recent revelations of pay discrimination and salary negotiation in Hollywood.
“Women are still not paid as much as men,” Aniston … Read More
Practical Lessons from the Great Negotiators
Since 2001, the Program on Negotiation has bestowed the “Great Negotiator Award” on individuals who have successfully negotiated against great odds to accomplish worthy goals. In this fascinating one-day session, you’ll have the rare opportunity to explore how these remarkable negotiators overcame their most formidable challenges—and how to apply these lessons in your own negotiations. … Read More
Business Negotiation Strategies: How to Negotiate Better Business Deals
New Free Report – Business Negotiation Strategies: How to Negotiate Better Business Deals
… Read More
Crisis Negotiation: The European Financial Crisis
Planning for crisis negotiation scenarios, particularly in international negotiations, can help negotiators develop strategies before a crisis emerges. Here are some of the negotiation strategies European central bank leaders uses during the financial crisis to help prevent a market collapse.
… Read More
Fall Negotiation and Dispute Resolution
This highly interactive semester-length seminar explores the ways that people negotiate to create value and resolve disputes. Designed both to improve understanding of negotiation theory and to build negotiation skills, the curriculum integrates negotiation research from several academic fields with experiential learning exercises.
… Read More
Business Crisis Management: Crisis Communication Examples and How to Use Police Negotiation Tecniques
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
The Importance of Negotiation for Female Negotiators: Women Should “Negotiate Hard”
When U.S. First Lady Michelle Obama was offered her first job after law school, it didn’t even occur to her to negotiate for a higher salary, she said in a recent interview in Parade magazine.
… Read More
Spring Mediation and Conflict Management
This course is designed to raise your awareness of your own approach to conflict, introduce a range of theories about mediation and participatory processes, and improve your conflict management skills. While we will discuss a wide range of dispute resolution processes that involve third parties, we will focus on mediation. Each class moves … 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
Diagnose Your Negotiation Techniques and Negotiation Style
How would you describe your negotiation techniques or negotiating style? Are you a cooperative negotiator who focuses on crafting negotiated agreements that benefit everyone, or do you actively compete to get a better deal than your counterpart?
… Read More
Leveraging the Power of Emotions As You Negotiate
We all experience emotionally challenging conflicts and negotiations. Whether you are negotiating with your board or with your family, over internal resources or with external partners, as the buyer or as the seller, emotions can turn an otherwise productive negotiation into an unprofitable disaster.It does not have to be that way. In this interactive workshop, … Read More
Dealing with Difficult People
At the Program on Negotiation at Harvard Law School (PON), we are dedicated to helping professionals deal with hard bargainers and resolve even the most challenging disputes. To help you understand the principles of negotiation and conflict resolution, we put together a special report: Dealing With Difficult People.
Discover how to collaborate, negotiate, and bargain … Read More
Power Asymmetry and the Principal Agent Problem
Downloadable Video Simulation from the Teaching Negotiation Resource Center
This video simulation on power asymmetry and principal agent dynamics by Professor Lawrence Susskind and Robert Wilkinson was designed to give students insights into the challenges surrounding difficult conversations, both with people across the table, as well as with people on their own side.
The Power Asymmetry and … Read More
The Art of Saying No: Save the Deal, Save the Relationship, and Still Say No
No is perhaps the most important and certainly the most powerful word in the language. For many people, it is
also the hardest to say. Yet every day we and ourselves in situations where we need to say no—to people at work, at home, and in our communities—because it is the word we must use to … 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
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.
… Read More
Negotiation and Leadership: Dealing with Difficult People and Problems
It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More
Dispute Resolution: Working Together Toward Conflict Resolution on the Job and at Home
The experts and editors from Harvard’s Program on Negotiation offer a sampling of advice from past issues of Negotiation 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
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 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 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 More
International Negotiations: Cross-Cultural Communication Skills for International Business Executives
In this Special Report, we offer expert advice from the ‘Negotiation’ newsletter 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
Integrative Negotiations, Value Creation, and Creativity at the Bargaining Table
When life becomes routine we are more likely to overlook details or, conversely, we cannot see the forest for the trees. In both instances, what we may lack is a creative outlook on the situation at hand. In negotiations, creativity can lead to value-creation for both parties.
… Read More
Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts
In this Special Report, the experts and editors from Harvard’s Program on
Negotiation offer a sampling of advice from past issues of Negotiation to help you learn the techniques you need to resolve your disputes through mediation. You will learn to select the right dispute-resolution process, choose a mediator with appropriate expertise, learn the steps your … Read More
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
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
Overcoming Cross-Cultural Barriers to a Negotiated Agreement: Negotiation Ethics and International Negotiations
Cross cultural negotiation examples provide insights into how negotiation techniques change depending on the context in which negotiators find themselves. As Professor Cheryl Rivers of Queensland University of Technology in Brisbane, Australia, points out in a recent negotiation research literature review, seasoned negotiators often hear stories about the unethical behaviors of people of other nationalities.
… Read More
Negotiation Strategies for Women: Secrets to Success
As a general manager of a business unit and the father of two daughters in college, I have no tolerance for gender bias in the workplace or anywhere else for that matter. At least that’s what I thought, until a women manager handed me the Negotiation Strategies for Women report that she recently received from … Read More
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.
… Read More
Real Leaders Negotiate: Understanding the Difference Between Leadership and Management
In this FREE special report, we offer advice taken from the Negotiation Briefings newsletter, to help you improve your leadership and negotiation skills.
… Read More
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 More
Sales Negotiation Training: Essential Negotiation Skills for Sales Professionals
In this Special Report, we offer expert advice from the ‘Negotiation’ newsletter to help you close your most important sales negotiations.
… Read More
Star Wars Stories: George Lucas and a Strong BATNA, Passed Over
In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. When you are aware that you have an appealing alternative deal to the one you’re working on, you will be less tempted to accept an agreement that doesn’t meet your minimum requirements. A strong BATNA gives you … Read More
Sally Soprano: Role-Play Simulation
Sally Soprano is a distinguished soprano who is now somewhat past her prime. She has not had a lead role in two years but would like to revive her career. The Lyric Opera has a production scheduled to open in three weeks, but its lead soprano has become unavailable. Lyric’s representative has requested a meeting … Read More
The Winner’s Curse in Negotiations: How to Avoid It
These business negotiations – an auction and a negotiated acquisition – highlight both the promise and risks of high-priced purchases and the dangers of the winner’s curse in negotiation. Negotiators fall victim to the winner’s curse in negotiations when they over-compete (and overbid) for items in the pursuit of a “victory” at the bargaining table. … 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
The Anchoring Bias in Negotiation: Get Ahead with a “Range Offer”
Due to the anchoring bias, the first offer made in a negotiation often has an outsized effect on the outcome. But recent research shows that anchoring with a range offer can have an even bigger impact than a single figure.
… Read More
Training Women to Be Leaders: Negotiating Skills for Success
In this Special Report, we offer advice selected from the Negotiation newsletter to help women develop the negotiation skills essential to career advancement, and to help organizations encourage women employees to be more effective at the bargaining table. You will learn what hold women back from asking for more, the link between gender and flexible … Read More
The Ladder of Inference: A Resource List
The ladder of inference is a model of decision making behavior originally developed by Chris Argyris and Donald Schoen and elaborated upon in the context of negotiation by Program on Negotiation co-founder Bruce Patton in his book Difficult Conversations, co-authored with fellow Program on Negotiation faculty members Douglas Stone and Sheila Heen. The model describes … Read More
Win-Win or Hardball: Learn Top Strategies from Sports Contract Negotiations
In this Special Report, we offer advice from the world of sports, taken from the Negotiation newsletter, 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
Integrative Bargaining in Congress? It Happens Sometimes
With Congress polarized by an impeachment hearing and its major legislative initiatives stalled in late 2019, it may be worthwhile to revisit a recent instance of integrative bargaining between Democrats and Republicans. In integrative bargaining, parties create value by discussing multiple issues and logrolling—that is, making tradeoffs across those issues. In 2018, the rival parties … 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
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.
… Read More
Alternative Dispute Resolution (ADR) Techniques: Negotiating Conditions
A married couple was debating whether their four-year-old daughter should attend public or private elementary school. It was a difficult issue, and Mike had a tendency to walk out when the conversation got heated. Frustrated, Lisa turned to negotiating terms and conditions just as a negotiator would in a business deal.
… Read More
Techniques for Leading Multiparty Negotiations: Structuring the Bargaining Process
Imagine leading negotiations involving representatives from most of the world’s nations on a contentious topic such as sustainable development. Where would you start? How would you proceed when conflict emerged? How would you know when it was time to wrap things up?
… Read More
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 More
How to Negotiate with Difficult People: International Negotiation, and a Refusal to Communicate
Business negotiators sometimes face the difficult question of whether to negotiate with someone they believe to be immoral, untrustworthy, or otherwise undesirable as a negotiating partner. In his book Bargaining with the Devil: When to Negotiate, When to Fight (Simon & Schuster, 2011), Program on Negotiation chair Robert Mnookin offers negotiation advice on the complex … Read More
Negotiate the Healthcare Industry
Teach Your Students to Negotiate One of the Largest Global Industries
Healthcare is one of the biggest economies in the world, with billions of dollars spent on treatments and associated research. There are typically significant interests at stake in healthcare negotiations, which are made all the more complex by the presence of both public and private … Read More
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 More
Managing a Multiparty Negotiation
Multiparty negotiations can be incredibly challenging. Just ask the negotiators from over 170 countries who managed to reach agreement on October 15 on a legally binding accord to combat climate change.
… Read More
Conflict Management: The Challenges of Negotiating Online
Negotiation research suggests that e-mail often poses more problems than solutions when it comes to relationships, information exchange, and outcomes. Here is a case study of conflict management and negotiation about the challenges of building rapport with your counterpart when negotiating online.
… Read More
Teach Your Children How to Resolve Conflicts With This New Book
We’ve all been there. One kid wants it his way; the other wants it her way and an inevitable conflict ensues. Shouting, crying, and harsh words are often part of the mix—creating stress for everyone, including the parents who just want to know how to resolve conflicts.
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Negotiation Research on Organizational Approaches to Negotiating Systems
While most negotiation research aims to sharpen individual managers’ skills, there is growing scholarly and professional interest in an organizational approach to negotiation.A systemic perspective evaluates the training, authority, procedures, and resources that manager need to improve their companies’ “return on negotiation,” as consultant Danny Ertel puts it. Looking at negotiations broadly reveals important design … Read More
Navigating Business Relationships Using Negotiation
A three-year dispute between Starbucks and Kraft Foods over distribution of Starbucks packaged coffee in grocery stores was resolved in 2013 when an arbitrator determined that Starbucks had breached its agreement with Kraft and ordered the coffeemaker to pay the food giant $2.75 billion.
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What is Anchoring in Negotiation?
Consider this anchoring bias example from Harvard Business School and Harvard Law School faculty member Guhan Subramanian. While running a negotiation simulation in one of his classes, Subramanian noticed that one student spent a considerable amount of time explaining why $10.69 per hour would be an impossible wage rate to offer the student’s counterpart. The … Read More
Winner’s Curse: Negotiation Mistakes to Avoid
Imagine that at the beginning of class, a professor produces a jar full of coins and announces that he is auctioning it off. Students can write down a bid, he explains, and the highest bidder wins the contents of the jar in exchange for his or her bid.
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Labor Negotiation Strategies
No one likes strikes. They can be financially devastating to employers and employees alike. And because strikes inconvenience the public, whatever popular support striking workers gain may fade when a strike drags on over time.
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Negotiating with Millennials – How to Overcome Cultural Differences in Communication
Negotiation training often focuses on bridging gaps between negotiators with different styles, backgrounds, or objectives, but what about overcoming generational barriers in negotiation? Generational differences need not stymie efforts at the bargaining table. In this segment from “Dear Negotiation Coach,” we explore how to overcome cultural differences in communication with members of the Millennial generation.
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MESO Negotiation Strategies and Negotiation Techniques
MESO negotiation techniques for negotiators include creating value at the bargaining table by identifying multiple proposals of equal value and presenting them to your counterpart simultaneously. By making tradeoffs across issues, parties can obtain greater value on the issues that are most important to them. But how can you be sure you’re making the right … Read More
Win-Win Negotiations: Should You Consider a Deal Sweetener?
The following question was asked of Andrew Wasynczuk, MBA Class of 1953 and Senior Lecturer of Business Administration Harvard Business School in the Negotiation Briefings monthly “Ask the Negotiation Coach” column:
I run a midsized retail sports-apparel chain located in the southwestern United States. I’ve been searching for a seasoned executive to lead new store expansion … Read More
Positional Bargaining Pitfalls
When they think of negotiation, many people imagine a positional bargaining scenario where two people are haggling back-and-forth over the price of an item, both refusing to budge. In positional bargaining, “each side takes a position, argues for it, and makes concessions to reach a compromise,” write Roger Fisher, William Ury, and Bruce Patton in … Read More
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.
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In Employment Contract Negotiation, “No Haggling” Isn’t the Answer
Back in spring 2015, Ellen Pao, the former CEO of social networking and news website Reddit, revealed in an interview with the Wall Street Journal that her company had taken a bold move in its efforts to create an “equal opportunity environment for everyone” at the company. Specifically, Reddit no longer negotiates salary with job … Read More
How to Deal with Cultural Differences in Negotiation
When figuring out how to deal with cultural differences in negotiation, it helps to consider the cultural prototypes represented at the bargaining table—but individual differences count, as well.
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The Importance of Power in Negotiations: Taylor Swift Shakes it Off
In negotiation, our success often hinges on our bargaining power—which in turn can depend on forces beyond our control. That truism was highlighted in two recent disputes arising from business negotiations over the pricing of copyrighted material in the digital era, one from the music world, the other from publishing.
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Does Small Talk in Negotiation Offer Big Gains?
According to conventional wisdom, small talk builds rapport and gets both sides a better deal in the end. But in fact, the question of whether to engage in small talk can be highly context-specific. New York City investment bankers, for example, tend to be far less likely than Texas oil executives to engage in small … Read More
Digitally Enhanced Simulation Packages – NEW Simulations Added
In-depth Teaching Materials with Real Time Data Analytics Designed to Enhance Teaching Negotiation
New from the Teaching Negotiation Resource Center (TNRC) at PON, and iDecisionGames: digitally enhanced simulation packages designed to take your teaching to the next level.
The Enhanced Simulation Package from the TNRC and iDecisionGames brings a new, interactive learning experience to teaching negotiation. This … Read More
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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Integrative Negotiation: Don’t Forget the Future When Negotiating
A town government and a private fuel-oil company have a standing contract that they have renewed for several years in a row. The contract is again up for renewal, and the town manager is under pressure from his constituents to reduce the city’s heating costs and avoid tax increases.
The city’s fuel-oil consumption has remained … Read More
5 Types of Negotiation Skills
Businesspeople who are looking for effective negotiation strategies often confront a dizzying array of advice. It can be useful to take a step back and categorize these strategies into various types of negotiation tactics. Highlighting the benefits of negotiation in business, the following five types of negotiation tactics can help you think more broadly about … Read More
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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Why Is Sincerity Important? How to Avoid Deception in Negotiation
Why is sincerity important at the bargaining table and how do negotiators avoid deception in negotiations? Your counterpart may not realize that her behavior is unethical, and even when she does, she may justify her behavior as being ethical in this particular case.
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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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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.
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Emotional Intelligence as a Negotiating Skill
The concept of emotional intelligence burst into the cultural imagination in 1995 with the publication of psychologist Daniel Goleman’s bestselling book of the same name. Experts have predicted that scoring high on this personality trait would boost one’s bargaining outcomes and have found many successful negotiation examples using emotional intelligence in their research.
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Negotiation with Your Children: How to Resolve Family Conflicts
Few negotiation examples in real life demonstrate the benefit of effective conflict resolution skills than those disputes that arise in the home, such as those between parents and children. Getting a good night’s sleep and eating a healthy dinner might seem like obvious goals for parents to have for their young children, but kids won’t … Read More
Integrative Negotiations: Dispute Resolution Through Joint Fact-Finding
Sometimes parties to a dispute disagree on key facts and forecasts but lack the technical or scientific expertise needed to come to a consensus. Suppose, for instance, that a developer is seeking to build a high-rise condominium building in a village that is experiencing a development boom. Longtime residents fight the proposal, arguing that another … Read More
Salary Negotiations and How to Negotiate Performance-Based Pay
Salary negotiations are never predictable. Imagine that you are a sales rep with a company that is getting hit hard by a financial crisis. No one has been laid off yet, but everyone is nervous about that possibility. In an effort to save jobs, your sales manager has quietly proposed that everyone take lower base … Read More
For Price Negotiators, Preparation is the Key to Success
Some cultures have a long tradition of haggling—bargaining back and forth about the price of an item—in markets and bazaars. By contrast, in the United States and many other countries, haggling between buyers and sellers is an under-practiced skill. You might routinely pass up opportunities to haggle in situations where financial negotiations are not the … Read More
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 More
Police Negotiation Techniques from the NYPD Crisis Negotiations Team
Few negotiators can imagine negotiation scenarios more stressful than the kinds of crisis negotiations the New York City Police Department’s Hostage Negotiation Team undertake. But police negotiation techniques employed by the New York City Police Department’s Hostage Negotiations Team (HNT) in high-stakes, high-pressure crisis negotiation situations, outlined in an article from Jeff Thompson and Hugh … Read More
For Better Communication, Try Appreciation
Many professional negotiators have come away from talks wondering, How did that pleasant discussion turn sour? Why did the deal unravel at the last minute?
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Understanding Your Counterpart’s BATNA
One of the most popular questions concerning negotiation strategy and an area of negotiation research that draws heavily on negotiation examples in real life is how do negotiators identify their BATNA, or best alternative to a negotiated agreement, and even better, how do they identify their counterpart’s BATNA? Consider the saga of a company that … Read More
Google’s Negotiations with Groupon: How Business Negotiators Can Maximize Value Claiming When Engaging in Integrative Negotiations
It seemed to be a match made in Internet heaven. In late 2010, Google made a $6 billion bid for Groupon, the Chicagobased company that emails daily coupon deals for local goods and services to consumers around the world. (If enough people sign up, the daily deal “tips,” meaning the coupons are issued; otherwise, the … Read More
Types of Mediation: Choose the Type Best Suited to Your Conflict
When parties involved in a serious conflict want to avoid a court battle, there are types of mediation can be an effective alternative. In mediation, a trained mediator tries to help the parties find common ground using principles of collaborative, mutual-gains negotiation. We tend to think mediation processes are all alike, but in fact, mediators … Read More
Types of Power in Negotiation: Chaos Theory and Bargaining Scenarios
Among the many types of power in negotiation a negotiator can exhibit is an ability to exert control over the negotiation process. But what about those bargaining scenarios in which the negotiator unable to gain control of proceedings? How should she formulate her negotiation strategy?
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International Negotiations: North and South Korea Talks Collapse
On June 12, North Korea and South Korea were supposed to have met in Seoul to explore whether they could get beyond their decades-old divisions and forge a rapprochement. It would have been the highest government dialogue between the divided nations in years.
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Break a Competitive Cycle with Win-Win Negotiation Strategies
Negotiators seeking to break through the mythical fixed-pie mindset can try the following three proven strategies, suggested by Max Bazerman for finding mutually beneficial tradeoffs.
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Employee Grievances: Are Most Legal Disputes Resolved in Litigation or Arbitration?
A common question asked is, “If most legal disputes are resolved in litigation, is there room for arbitration or mediation?”
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Negotiation in Business: Ignore Sunk Costs
Think about what your house, condominium, or some other valuable asset might be worth in today’s market. Did the price you paid for it affect your answer?
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The Importance of a Relationship in Negotiation
At the negotiation table, what’s the best way to uncover your negotiation counterpart’s hidden interests? Build a relationship in negotiation by asking questions, then listening carefully. Even if you have decided to make the first offer and are ready with a number of alternatives, you should always open by asking and listening to assess your … Read 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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5 Dealmaking Tips for Closing the Deal
When you’ve made progress on certain issues but remain stymied on others in a negotiation, it’s time to take a hard look at what’s standing between you and a mutually acceptable deal. Professor Robert Mnookin of Harvard Law School and his colleagues at Stanford University have created a catalog of common dealmaking barriers to agreement, … Read More
An Example of the Anchoring Effect
People tend to irrationally fixate on the first number put forth in a negotiation—the anchor—no matter how arbitrary it may be. Even when we know the anchor has limited relevance, we fail to sufficiently adjust our judgments away from it. This is the anchoring effect.
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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.
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Overcoming Barriers to Agreement: How Dell Computer’s BATNA Informed Its Privatization Negotiations
In negotiation, your best source of power typically is your “best alternative to a negotiated agreement,” or BATNA. By cultivating appealing options away from the table, you free yourself up to walk away in the event of a disappointing deal.
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Online Negotiation Strategies: Email and Videoconferencing
Online negotiation has become ubiquitous, as it allows us to negotiate across the miles cheaply and quickly. Yet online negotiation creates special challenges. With email, instant messaging, and text messages, negotiators typically lack visual, verbal, and other sensory cues to interpret how their counterpart is feeling. And while videoconferencing—via Skype, Google Hangouts, and so on—adds … Read More
Signing Bonus Negotiation 101
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.
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How to Create Value at the Negotiation Table: Strategies for Creating Win-Win Negotiations
While you might choose many processes for conducting your negotiations, we recommend the following three steps of a mutual-gains approach to negotiations:
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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 More
Negotiation Skills: What’s the Best Process?
This three-step approach to managing process issues in negotiations will reap significant rewards at the bargaining table.
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Leadership Styles in Crisis Negotiations
Since the start of the global economic recession in 2008, few issues have proven as explosive as the Greek debt crisis. The Greek government’s commitment to repay billions of dollars in loans has been a source of contention with creditors ever since a sizable bailout was issued in 2010.
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2019 Negotiation Pedagogy Conference
Join us in Cambridge on Friday, November 15th, 2019 for a conference on excellence and innovation in teaching negotiation.
The Teaching Negotiation Resource Center (TNRC) at the inter-university Program on Negotiation at Harvard Law School is pleased to announce that the 2019 Negotiation Pedagogy Conference will take place on Friday, November 15th, 2019 at Harvard Law … Read More
5 Good Negotiation Techniques
You’ve mastered the basics of good negotiation techniques: you prepare thoroughly, take time to build rapport, make the first offer when you have a strong sense of the bargaining range, and search for wise tradeoffs across issues to create value. Now, it’s time to absorb five lesser-known but similarly effective negotiation topics and techniques that … Read More
How to Negotiate Online
International negotiators are often faced with the problem of how to overcome cultural barriers to communication. When you communicate in person, social norms – including body language, manners, and physical appearance – guide your behavior and ease the process. Here are some tips on how to negotiate online and building a rapport with your counterpart … Read More
What to Do When Your BATNA is Not Good Enough
The following question was featured in the “Ask the Negotiation Coach” section of the Negotiation Briefings newsletter, April 2010 issue. Question: What should I do when a negotiation seems to be all about price, I have no BATNA, and the other side knows it?
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Negotiation Strategies: Bernie Sanders’ Pragmatic Approach to Negotiating in the Senate
When dealing with difficult people, we tend to expect them to be rigid negotiators who will walk away if they don’t get everything they want. But a gruff demeanor may not necessarily translate into a hard-nosed negotiating style.
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New Conflict Management Skills: Understand How to Resolve “Hot Conflicts”
Negotiating effectively with colleagues can be more challenging than dealing with outsiders. Conventional wisdom advises addressing team conflict by staying focused on tasks and avoiding relationship issues. Yet a case study of conflict management by Harvard Business School professor Amy Edmondson and Diana McLain Smith of The Monitory Group concludes that this approach to dispute … Read More
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
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 More
How to Negotiate Salary: 3 Winning Strategies
The question of how to negotiate salary seems to preoccupy negotiators more than any other—and with good reason, considering how dramatically even a small salary increase can impact our lifetime earnings. The following three salary bargaining tips from leading negotiation experts will help you gain more from your new-job negotiations.
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Conflict Resolution and Opportunities for Mutual Gains in Negotiation
Poor communication explains many of our negotiation mistakes, write Roger Fisher, William Ury, and Bruce Patton in Getting to Yes, their landmark book. Here are four negotiation skills tips adapted from Susan Hackley’s May 2005 article “Can You Break the Cycle of Bad Communication?,” first published in Negotiation.
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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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Business Negotiation Skills: Fairness at the Negotiation Table
Negotiation research sheds light on negotiator expectations of fairness and equality in negotiations. The negotiation skills advice contained here can help business negotiators more effectively craft agreements with their counterparts in business negotiations.
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Communicate Your Interests Behind the Deal
As integrative negotiations students know well, focusing on interests in negotiation has proven to be the most reliable way to create value and resolve conflicts. Experience indicates that communicating with your lawyers the motivations behind a deal or negotiated agreement is well worth the time.
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How Hardball Negotiation Tactics Can Backfire
In negotiations and disputes, punishment and threats often seem like the only way to win concessions. But business negotiators would do well to remember how Time Warner’s gambit unfolded.
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The Effects of Power in Negotiation
You might think that you’re entering a negotiation as the more powerful party, but those with considerable power often fail to take advantage of their privileged bargaining position. Meanwhile, negotiators who lack power routinely miss out on opportunities to gain leverage. To make the most of the power you have, it’s important to understand the … Read More
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.
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Dispute Resolution: The Advantages of a Neutral Third-Party Mediator
In an article, “Beyond Blame: Choosing a Mediator,” Stephen B. Goldberg advised business negotiators involved in a dispute to seek out an interests-based mediator to assist both sides in reaching a mutually satisfactory dispute resolution.
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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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Dealmaking Tips: 7 Negotiation Tactics for Saving a Deal from Collapse
Even after the best negotiations, sometimes the other side will demand a renegotiation of the deal. Here are some guidelines on how to proceed in a negotiation.
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Negotiation Skills: Which Negotiating Style Is Best?
Is one negotiating style “better” than another? Most research suggests that negotiators with a primarily cooperative style are more successful than hard bargainers at reaching novel solutions that improve everyone’s outcomes. Negotiators who lean toward cooperation also tend to be more satisfied with the process and their results, according to Weingart. At the same time, … Read More
NEW Simulation! The Abraham Path: A Thousand Miles on Foot
The Abraham Path is a cultural route tracing Abraham’s footsteps across the present-day Middle East. The path offers hikers the opportunity to engage with the peoples and landscapes of the region firsthand, and to see the region from a new perspective. The path offers an intriguing case of very challenging, long-term negotiations to establish a contiguous … Read More
Negotiation and Bargaining with Your BATNA in Mind
Experienced negotiators understand they should reject any deal that is inferior to their best alternative to a negotiated agreement, or BATNA. What is a BATNA in negotiation? Your BATNA is the best possible outcome you could get if you walked away from your current negotiation and bargaining situation. When negotiating at an auto dealership, for … Read More
Negotiation Techniques from the M&A World
Negotiators often have to deal with more than one party to reach their goals and often tailor their negotiation techniques towards this end. These negotiation scenarios pose unique challenges, yet most negotiation advice focuses on talks between two parties.
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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
Teaching Kids How to Negotiate World Peace
A few years ago, the Program on Negotiation Film Series screened “World Peace and Other 4th-Grade Achievements,” a documentary film that follows John Hunter, a public school teacher in Virginia, and his class of fourth graders as they play a highly interactive game called the “World Peace Game.“ Hunter invented this game to teach … Read More
Deal with Last-Minute Demands
Adapted from “When They Slice the Deal Too Thin,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter.
Suppose that, after months of negotiation, you reach a detailed agreement with a customer and shake hands. A week later, the customer’s procurement officer calls to tell you that there have to be some … Read More
Integrative Negotiations: Using Social Proof as a Business Strategy
What do we do when we’re uncertain about how to behave in business negotiations? We study the behavior of others in similar situations.
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Irrationality in Negotiations: How to Negotiate the Impossible
Negotiators often struggle with the task of bargaining with those who behave rashly, reason poorly, and act in ways that contradict their own self-interest. But as it turns out, behavior that negotiators often view as evidence of irrationality may in fact indicate something entirely different.
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3 Team-Building Techniques for Successful Negotiations
Newly formed teams are often encouraged or even required to engage in team-building techniques and exercises, which might range from volunteering at a nonprofit together to sharing little-known secrets about each other to building a tower out of marshmallows and spaghetti. Although such activities can be effective at building bonds and trust, they don’t do … Read More
In Business Negotiations, Dress the Part
Negotiators involved in high-stakes mergers and acquisitions typically come to the table armored in meticulously tailored apparel and designer shoes. But as Dana Mattioli reports in a recent Wall Street Journal negotiation topics in business article, those who are trying to woo business from an apparel company often end up dressing down at the bargaining … Read More
Implement Negotiation Training in Your Organization
Organizations across the globe spend many millions of dollars each year on negotiation training for their employees. This training can be in-house, led by consultants and other experts, or employees can travel to training programs at universities and elsewhere. After engaging in a couple of days of training, employees return to the office and attempt … Read More
Coming Up with Win-Win Solutions at the Bargaining Table
Even those who effectively engage in an integrative negotiations or mutual-gains approach to negotiation, a bargaining scenario in which parties work together to meet interests and maximize value creation during the negotiation process, can be stymied by the task of dividing up a seemingly fixed pie of resources, such as budgets, revenue, and time.
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International Negotiation Role Playing: Understanding the Theory and Practice of Systemic Peacebuilding
Policymakers, practitioners, and academics have seized on the need for peacebuilding negotiation strategies in international negotiation to be as complex and adaptive as the societies within which they work.
As a result, there are loud calls for “whole of government” or “whole of community” approaches that cross traditional sectoral boundaries. The problem is that these approaches are … Read More
In a Price Negotiation, Should You Make the First Offer?
Imagine yourself in a dilemma that only a privileged few experience: You’ve fallen in love with a dazzling, one-of-a-kind home that’s on the market without a list price. Instead, the seller’s broker encourages you to name your price. You’re unsure how much to offer—yet desperate to win the prize.
Leaving the sale price off of a … Read More
Mediation: Negotiating a More Satisfactory Divorce
We’ve all heard nightmarish stories of divorce battles that take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be daunting, especially when the principals are barely speaking to each other. In the worst-case scenario, bitter spouses hire cutthroat lawyers … Read More
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 More
The Hidden Hazards of BATNA Development
The following question was posed to Program on Negotiation faculty member and associate professor of business administration at Harvard Business School in the Negotiations, Organizations & Markets Unit, Francesca Gino and involves a negotiation example from real life from the world of business negotiations.
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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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Negotiation Ethics: How to Navigate Ethical Dilemmas at the Bargaining Table
After buying a new car, you’re eager to sell your old car. It looks well kept, but you had problems with the engine last winter. Now it’s late summer. Should you tell prospective buyers about the engine, which might or might not act up when the weather turns?
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The Right Way to Regulate Emotion in Negotiation
Emotional flooding – when strong, specific, and often negative feelings overwhelm us – poses obvious hazards to negotiators, who need to be able to think clearly when faced with the complex, strategically demanding task of creating and claiming value.
For this reason, emotional regulation can be an essential component of negotiation.
But different types of regulation create … Read More
Women Negotiators and Barriers to the Bargaining Table
The barriers women negotiators face when negotiating for jobs and career advancement are well known: Women who ask for more money or better opportunities can face a backlash for violating traditional gender norms.
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How to Overcome Cross Cultural Barriers in Negotiation
How different cultural perspectives impact bargaining strategies at the negotiation table
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What is BATNA?
What is BATNA? Negotiations in which each counterpart has a best alternative to a negotiated agreement are scenarios in which the incentive to work together must exceed the value of alternatives away from the negotiation table.
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Ethics in Negotiation: How to Avoid Deception in Employment Negotiations
Ethics in negotiation can involve expectations of fairness, equity, and honesty but, sometimes, despite your best intentions, one or more of these four forces might lead you to behave unethically during job offer negotiations:
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When Michael Bloomberg and NYC Teachers Both Lost
It’s hard to imagine a negotiation example in which negotiating counterparts would choose to sacrifice hundreds of millions of dollars rather than reach agreement.
But back in 2013, this is the choice that New York City and its teachers union, the United Federation of Teachers (UFT), made when they declared impasse on a new teacher evaluation … Read More
Advice for Bargaining Abroad: Tips on How To Overcome Cultural Barriers
Imagine that you’re the CEO of a sports clothing manufacturer based in Chicago. You recently traveled to Amsterdam, the Netherlands, to meet with a distributor who has a rich and diverse network in the European sports market.
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How to Defend Against “Scope Creep” at the Negotiation Table
The following question was asked of Negotiation Coach and PON faculty member Guhan Subramanian in the February 2014 issue of the Negotiation Briefings newsletter:
Question: I run a small consulting firm that has a services contract with a major multinational corporation. The team we work with has a bad habit of continually adding items to the … Read More
Body Language in Negotiation: How Facial Expressions Impact a Negotiation
When we’re deciding whether to trust a counterpart, his facial expressions matter a great deal, suggests a study by negotiation researchers Jeroen Stouten of the University of Leuven, Belgium, and David De Cremer of the Rotterdam School of Management, the Netherlands.
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Negotiation Techniques: How to Predict a Negotiator’s Decisions
Improving your negotiation skills can only take you so far – eventually you need to assess you behavior preferences as a negotiator. Being able to predict how you will behave in a given bargaining scenario will help you augment the negotiation training you have received as well as help you achieve better outcomes at the … Read More
Metaphorical Negotiation and Defining Negotiation Skills
Negotiators talk about building agreement, bluffing the opposition, and volleying offers back and forth. According to mediator Thomas Smith, careful attention to such metaphors can reveal deeper meaning beneath the explicit words that people use, notably regarding how they view the negotiation process and their relationship to one another.
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Negotiation Skills in Business Communication – Use Chaos to Your Advantage at the Bargaining Table
Some of the most successful negotiation examples that we have covered here include negotiators engaging in improvisation at the negotiation table, turning chaotic situations into advantages in negotiation scenarios.
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Deal-Making Negotiation Strategies: Short on Cash? Try Bartering
In an economic downturn, negotiation opportunities sometimes dry up because parties think they have nothing left to give. During times like these, bartering flourishes. This article will help you decide how and when to include bartering as a component of your negotiations. Here are four guidelines to help you bargain successfully at the negotiation table.
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In Preparation for Negotiation, Choose the Right Process
In preparation for negotiation, sellers face a choice between negotiating one on one with buyers, holding an auction, or combining elements of both processes. Consider the different paths that Amazon and Apple followed in 2017 when each began scouting locations for a new campus:
Dangling the prospect of a $5 billion campus and about 50,000 jobs, … Read More
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
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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Current 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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The Advantages of Bias at the Negotiation Table
What impact do cognitive biases have on bargaining scenarios? Work by negotiation researchers Russell B. Korobkin of UCLA and Chris P. Guthrie of Vanderbilt University suggests how to turn knowledge of four specific biases into tools of persuasion.
… Read More
NEW! 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
In Group Negotiation, Avoid a Turf Battle
In group negotiation, turf battles—heated conflicts over territory, control, rights, or power—are common. Department heads clash over scarce resources. Companies, community groups, and governments get tied up in lawsuits over undeveloped land. Across the globe, fishing groups have depleted fish stocks in their rush to catch the biggest share for themselves.
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Know Your BATNA: The Power of Information in Negotiation
Knowing when to walk away in a negotiation is some of the most powerful information in negotiation a negotiator can bring to the bargaining table – and this means a negotiator should know her BATNA or best alternative to a negotiated agreement.
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How to Use MESOs in Business Negotiations
It’s not uncommon in business negotiations to find yourself on the brink of impasse. You and your counterpart have exchanged a series of offers and counteroffers, and you’ve met somewhere close to the middle—but not close enough. With each side firmly rooted in its position, there may seem to be no way forward.
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What is the Right of First Refusal?
When transferring property, sellers sometimes insist on real estate rights of first refusal – the chance to be first in line to repurchase the property if their buyer later decides to sell.
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How to Overcome Cultural Barriers in Negotiation
Imagine that you’re the American representative of a U.S. food company, and you’re hoping to procure a new ingredient for several of your products from a German company. A representative from the company is flying in to meet with you. Do you expect your German counterpart to behave differently than the Americans you typically deal … Read More
How Mood Affects Negotiators
What are social psychologists learning about the connections among emotions, negotiation, and decision making? Negotiation contributor Jennifer S. Lerner of Harvard Kennedy School and her colleagues have identified two critical themes. First, they have studied the carryover of emotion from one episode, such as a car accident, to an unrelated situation, such as a workplace … Read More
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.
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5 Common Negotiation Mistakes and How You Can Avoid Them
Sometimes our negotiation mistakes are glaring: We accidentally reveal our bottom line, criticize the other party when patience was warranted, or get our numbers mixed up. More often, though, our negotiation mistakes are invisible: We get a perfectly good deal, but are unaware that we could have gotten a better one if we hadn’t succumbed … Read More
Negotiation Strategies: Seek Advice from Others When Negotiating
Negotiation skills in business communication and seeking advice from others, what are the potential benefits? Advice seeking inherently employs multiple self-presentation tactics (including ingratiation, self-promotion, and supplication), it allows us to improve both our competence and our likability.
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Definition of the Winner’s Curse in Negotiations
The winner’s curse negotiations, when a negotiator overbids for an item due to competitive pressure or other non-value related factors, is a major pitfall that integrative bargainers should seek to avoid.
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How to Negotiate Under Pressure
At the time, it seemed to be an example of coolheaded dealmaking in the midst of disaster. In 2009, hit hard by the 2008 financial crisis and changes in consumer preferences, U.S. automaker Chrysler was on the brink of collapse, and the Treasury Department stepped in to do a deal. In exchange for about $12 … Read More
The Angry Negotiator
Most negotiations require us both to compete to claim value and to cooperate to create value. The ability to move back and forth between these two goals is a critical—and difficult—skill. How do emotions affect value creation and claiming? Researchers Alice Isen and Peter Carnevale found that a positive mood leads to greater value creation. … Read More
Diplomacy and Negotiation Skills Fall Short In U.S.-China Trade Talks
Among the many diplomacy and negotiation skills required in international negotiation, business negotiators need to be able to size each other up accurately, taking into account cultural, organizational, and other differences. To capitalize on the benefits of diplomacy, they also need to be able to present a united front. Those diplomacy and negotiation skills came … Read More
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.
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Dealing with Difficult People: Lies, Lies, and More Lies
Are you facing a negotiator you don’t think you can trust? Here are five common types of deception you may come across when dealing with difficult people in a negotiation.
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Make the Most of Negotiation Skills Training
Across the globe, negotiation skills training has become a common activity in managerial life. Organizations often take steps to improve their managers’ negotiation skills and their ability to manage other negotiators by enrolling them in negotiation skills training programs.
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Win Win Negotiation Example – Change the Name of the Game
Suppose that two businesses have similar sounding names. The similarity is confusing to customers or could be down the line. One of the businesses decides to do something about it. How can they engage in a successful dispute-resolution negotiation process?
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How to Overcome Barriers and Save Your Negotiated Agreement at the Bargaining Table
Back in November 2012, Hostess Brands announced that it had failed to reach a negotiated agreement with its second-biggest union and, as a result, was permanently shutting down its operations.
The news was met with dismay by baby boomers and others who had grown up with the 80-year-old company’s shelf-stable confections. But consumers had been passing … Read More
Teach Your Students Value Distribution with a Simulation on Solar Power
Do your students really understand the difference between value distribution and integrative negotiation, and have you given them a chance to practice their distributive bargaining skills? Do they understand that every negotiation includes elements of both value creation and value distribution? To help teach these key negotiation skills the Teaching Negotiation Resource Center (TNRC) has developed a … Read More
What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
When it comes to dispute resolution, we now have many choices. Understandably, disputants are often confused about which process to use.
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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 More
Negotiating Around a Bad BATNA
Don’t assume your public statements will win over a reluctant negotiator. Know when it’s best to move on and make the most of your current situation.
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Negotiation Case Study: Sincerity’s Power in Negotiation
Most of us have had the experience of delivering an apology that fell on deaf ears. When apologies fail to achieve their aims, poor delivery is usually to blame. The importance of sincerity in such a situation cannot be overstated, because if the recipient thinks your apology is less than sincere, she is unlikely to … Read More
The Difficulty of Achieving a Win-Win Negotiation Outcome
In a negotiation, it may help to signal to your counterpart your willingness to engage in bargaining aimed at creating a win-win outcome for both parties.
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Deception in Negotiation
Daniel, a senior manager at a large consumer products firm, has been asked by a company vice president to submit a detailed budget request for his department. Daniel has an incentive to overstate anticipated costs: in the case of overruns, it’s nice to have a little cushion built into the budget, rather than having to … Read More
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 More
Undecided on Your Dispute Resolution Process? Combine Mediation and Arbitration, Known as Med-Arb
The choice: arbitration vs. mediation. You’re not sure which of two common dispute resolution processes, mediation or arbitration, to use to resolve your conflict.
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South Korea’s Innovative Long-Term Negotiation Strategy with North Korea
In negotiation, a combination of several negotiation strategies may be needed to move past a difficult impasse. The decades-long protracted negotiations between North Korea and South Korea provides such a case study.
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Negotiation Games
Going to trial, it’s said, is like rolling the dice. In this article, we discuss what negotiators need to be aware of to avoid negotiation games before heading to the courtroom.
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Patience is a Winning Negotiation Skill for Getting What You Want at the Negotiation Table
On April 9, 2012 the hearts of internet entrepreneurs everywhere must have skipped a beat at the news that Facebook was paying $1 billion in cash and stock to buy Instagram, a San Francisco-based start-up.
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Price Negotiation Advice for Consumers
It’s official: Price negotiations aren’t just for big-ticket items anymore. The prices of furniture, electronics, wine, jewelry, and other “medium-ticket” goods are now frequently up for discussion. The ancient art of haggling has made a comeback, so brush up on your skills with our six price negotiation tactics.
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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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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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Mutually Beneficial Agreements: Tips for Creating Deals that Last
David Schwimmer, the actor who played Ross on the hit television comedy Friends, famously convinced the show’s five other leads in the early years of its run to negotiate their contracts with NBC as a team. The “mini union” formed by the actors ultimately helped them negotiate an unprecedented $1 million each per episode during … Read More
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?
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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.
Even professionals who encounter liars regularly, such as police officers and … Read More
How to Balance Your Own Values in Negotiation
What are the best negotiation examples from real life? Imagine that you’ve been negotiating the sale of a property that is owned by your company. The buyer has made an attractive offer that you’ve tentatively accepted. Your boss is pleased with the terms as they stand, but suggests that you go back to the buyer … Read More
10 Top Negotiation Examples
Here’s a recap of some of the most interesting and challenging negotiation examples, featuring many of the world’s most famous negotiators.
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Conflict and Negotiation Case Study: Long-Term Business Partnerships and Negotiated Agreements
To protect the future interests of their organization, negotiators sometimes must accept fewer benefits or absorb greater burdens in the short run to maximize the value to all relevant parties – including future employees and shareholders – over time.
Suppose that the operations VPs of two subsidiaries of an energy company are preparing to negotiate the … Read More
15 Things You Need to Know About Environmental Dispute Resolution
Here are 15 things about dispute resolution in environmental negotiations that Program on Negotiation faculty member Lawrence Susskind published on his website, Consensus Building Approach.
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Right of First Refusal: A Potentially Win-Win Negotiation Tool
Looking for ways to get more value out of your sales negotiations? You may be able to do so by negotiating a right of first refusal.
A right of first refusal, also known as a matching right or right of first offer, is a contractual guarantee that one party to a business deal can match … Read More
How Mediation Can Help Resolve Pro Sports Disputes
Worldwide, mediation has become a common means of resolving conflict, ranging from divorce to workplace disputes to broken contracts. Yet mediation remains an underused tool for resolving disputes in U.S.
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Win Win Negotiation: Different Cultures, Shared Meals
From movie moguls hammering out film deals in Los Angeles to publishers and agents assessing each other’s tastes in New York, the “power lunch” has become a familiar institution. Across the globe, negotiators often do business over shared meals, whether out of convenience or as part of a concerted effort to get to know one … Read More
A Lesson from Turkey: Raise Your Profile in International Negotiations
Negotiators seek to raise their stature and increase their influence in international negotiations and other realms by serving as mediators and peacekeepers when conflicts emerge. To do so, they need to cultivate a reputation for impartiality or, at the very least, a willingness to listen to both sides.
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Negotiation Skills in Business Negotiation and Status Consciousness
Before and during your negotiation, think about who you’ve chosen as a reference group against which you measure yourself. Did you select the group purely to enhance your own status, or did you try to make a more appropriate comparison? What are your negotiation skills in business communication?
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Body Language in the Negotiation Process and the Impact of Gender at the Bargaining Table
How important is body language in the negotiation process? Negotiators are often advised to engage in small talk before getting down to business.
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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 conditions … Read More
An Alternative Dispute Resolution Definition and How Fast-Food Workers Used 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.
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Fundamental Aspects of Negotiation: Setting the Table
In March 2018, U.S. president Donald Trump shocked even his own White House staff when he revealed that he had accepted an invitation to meet with North Korean leader Kim Jong-un. After months of name-calling and threats between Trump and Kim, the news that the two leaders would discuss the possibility of North Korea dismantling … Read More
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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Conflict Management and Negotiating When Pride is at Stake
The fallout from Iceland’s financial crisis offers a case study in dealing with those who have suffered a significant blow to their self-esteem. In late 2008, Iceland teetered on the edge of bankruptcy following the collapse of its three largest banks. Since becoming independent of the government in 2002, the banks had pursued a strategy … Read More
Famous Negotiation Case: How Jamie Dimon Avoided Disaster
Sometimes your goal in negotiation is to improve your fortunes. But sometimes, as in this famous negotiation case, the best you can hope for is to lessen the fallout from past mistakes.
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The Impact of Anxiety and Emotions on Negotiations: How to Avoid Misjudgment in Negotiation Scenarios
Intense negotiation scenarios, we often choose to consult an expert for advice, preferably someone who has carried out hundreds of similar deals with great success. When we consult with others on our negotiations, we must weigh their advice against our own opinions and research. Past negotiation research finds that we tend to undervalue advice from … Read More
Powerful Conflict Resolution Games to Help You Teach Negotiation
From complicated negotiation strategies to artful subterfuge, conflict resolution games are one of the very best ways to prepare for the challenges of real-world negotiation. Games that employ a Prisoner’s Dilemma structure (where rational parties may not cooperate despite their best interests) enable participants to analyze negotiations, make strategic decisions, and anticipate their counterpart’s next … Read More
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
The Top Three Defensive Negotiation Strategies You Need to Know
In the course of a career, a negotiator will confront many skilled persuaders. Here, we review three defensive negotiation strategies a negotiator can employ.
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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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Integrative Negotiation: When Dividing the Pie, Smart Negotiators Get Creative
Typically, when parties are negotiating over a resource they both desire – whether fees, budgets, salaries, schedules, or staff – the process results in an uninspired compromise somewhere between their positions. Is it possible to avoid a compromise when negotiating tough distributive issues.
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How Negotiation Role-Play Simulations Can Help You Resolve Environmental Disputes
From complicated land use debates to the regulation of pollutants, environmental negotiations are fraught with dynamic legal, scientific, and societal considerations. Because many of the natural resources in question are limited and fragile, disputes over them can be particularly difficult.
To help educate professionals about how to work through challenging environmental and sustainability negotiations, the Program … 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 More
Framing in Negotiation
So, you’ve offered what you think is a great deal, but your counterpart doesn’t seem to agree. What’s the problem? The offer may be excellent—it’s how you’ve approached framing in negotiation that’s holding you back.
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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 More
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?
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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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3-D Negotiation Strategy
Here are some negotiating skills and negotiation tactics from 3-D negotiation by Jeswald Salacuse and David Lax.
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International Negotiation Strategies
Negotiation researchers have reached many fascinating discoveries about how people negotiate, such as uncovering flaws in our decision making and identifying useful persuasion techniques. But a great deal of this research has been conducted in Western cultures, and particularly the United States, leaving open the question of whether the results—and the advice they inspire—apply across … Read More
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
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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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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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 More
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 More
Negotiation Research and Improving Your Negotiation Techniques: The Similarity Effect in Business Negotiations
Negotiators mimic the behaviors of those they consider peers. What implications does this have for negotiating styles at the bargaining table? To build rapport, social science and negotiation research advise to bargainers to look for common ground.
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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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Negotiation in Business: Ethics, Bias, and Bargaining in Good Faith
As we’ve discussed in previous articles about negotiation examples in business, a negotiator’s beliefs concerning negotiation ethics are affected by cognitive biases. You probably can recall times when a negotiating opponent made what appeared to be a blatant misstatement. If you’re like most people, you assumed the person was lying to gain an advantage.
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How to Resolve Cultural Conflict: Overcoming Cultural Barriers at the Negotiation Table
After recently losing an important deal in India, a business negotiator learned that her counterpart felt as if she had been rushing through the talks. The business negotiator thought she was being efficient with their time. In this useful cross-cultural conflict negotiation example, how should this negotiator improve her negotiation skills?
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Diplomatic Negotiations: The Surprising Benefits of Conflict and Teamwork at the Negotiation Table
As the US presidential primary season heats up for both parties, it helps to take a look back at the 2008 US presidential election and the win-win coalition forged between Barack Obama and his then-rival, Hillary Clinton. As this example demonstrates, if carefully managed, disagreements can lead to better results than you might expect.
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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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Repairing Relationships Using Negotiation Skills
Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. Some of the most successful negotiation examples of the power of negotiation skills in dispute resolution is when they repair relationships between friends.
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Negotiation Examples: How Crisis Negotiators Use Text Messaging
In their negotiation training, police and professional hostage negotiators are taught skills that will help them defuse tense situations over the course of long phone calls, such as engaging in active listening, determining the person’s emotions from his or her inflection, and trust building.
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Top 10 International Business Negotiation Case Studies
Here is a list offering a broad overview of negotiation case studies from the recent past along with analysis of each bargaining scenario:
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Effective Negotiation Behavior: Are You Consistent?
We might hope that when we adopt effective negotiation strategies—such as spending lots of time preparing and asking questions at the table—we would achieve consistently strong results in our negotiations. Yet as most of us have experienced, our outcomes and personal satisfaction can vary a great deal from one negotiation to the next. Why? Likely … Read More
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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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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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.
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Negotiation Tactics for Bargaining with Difficult People: The Comcast Merger
If a competitive bargaining session shifts in a counterpart’s direction, your anger could send the wrong signals to your negotiation counterpart. In this instance, strong emotions portray desperation rather than strength. Here are some bargaining and negotiation tactics for dealing with difficult situations in relationships.
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Mediation Checklist: What to Know 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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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 More
Self-Fulfilling Prophecies and Power in Negotiation
When you expect people to be competitive, it’s not only your own behavior that changes. You also set up a self-fulfilling prophecy, such that your expectations about the other side’s behavior lead him to behave in ways that confirm your expectations.
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Cross-Cultural Video: Negotiation Examples, Lessons And Advice From PON Faculty
Do you teach negotiation to students from different cultural backgrounds? Are you teaching students how to negotiate in a cross-cultural context? Do you teach a “one world” model of negotiation; or, are there cultural variables that require changes in the basic model of negotiation that you teach?
The Program On Negotiation at Harvard Law School invited … Read More
Negotiation in Business Without a BATNA – Is It Possible?
In a negotiation scenario, you always have a best alternative to a negotiated agreement. Negotiation research and negotiation strategy helps negotiators find their BATNA, leverage it at the bargaining table, and illustrates the impact that knowing your BATNA has on a negotiation.
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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
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 More
Negotiation Techniques: The First Offer Dilemma in Negotiations
The first offer dilemma in negotiations – should you make the first offer? Few questions related to negotiation techniques and negotiation strategies have yielded more academic attention and debate among practitioners in negotiation research.
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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 More
Cross Cultural Negotiations in International Business: Four Negotiation Tips for Bargaining in China
What special insights do outsiders need to prepare for international negotiations in China? Much of what you know already about negotiation holds true, but four characteristics complicate business negotiation in China.
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Negotiation Skills from the World of Improv for Conflict Management
A Q&A with Michael Wheeler, author of The Art of Negotiation: How to Improvise Agreement in a Chaotic World.
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Definition of Mediation and the Mediation Process: The Impact of Lawyers on Alternative Dispute Resolution (ADR)
How does the presence of lawyers affect the mediation process and mediations in general? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator.
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How Body Language Affects Negotiation
Experts typically advise us to study our counterparts’ body language in negotiation and to be aware of our own body language. What, exactly, can we learn from others’ nonverbal behavior? And how can we modify our own nonverbal behavior to increase our negotiation success? We analyze three scenarios to help you understand how body language … Read More
Must-Read Negotiation Books for 2019
The year 2017 offered plenty of negotiation hits and misses in the realms of government, business, and beyond. To avoid failed negotiations in 2018, politicians, business leaders, and the rest of us would be wise to explore the following recent negotiation books, which can help steer us through our most difficult negotiating dilemmas:
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Using Negotiation Games to Develop Skills for Commercial Dispute Resolution
Teach your students the art of negotiating for success with these great negotiation games.
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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 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.
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10 Popular Business Negotiation Articles
Here are ten popular business negotiation articles on the Program on Negotiation website. Drawn from a variety of negotiation case studies as well as negotiation research, the following articles offer strategies for engaging in integrative negotiations aimed at creating win-win scenarios for each party at the negotiation table.
1. What is the Right of First Refusal?
Rights … Read More
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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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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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
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
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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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.
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Women and Negotiation: Narrowing the Gender Gap in Negotiation
Men tend to achieve better economic results in negotiation than women, negotiation research studies have found overall. Such gender differences are generally small, but evidence from the business world suggests that they can add up over time.
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Dealing with Difficult People: Coping with an Insulting Offer in Contract Negotiations
The following “Ask the Negotiation Coach” question was posed to Dwight Golann, Suffolk University Law School professor and negotiation expert: Question: I deal with legal disputes and would like to find reasonable solutions without wasting years in court.
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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.
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For NFL Players, a Win-Win Negotiation Contract Only in Retrospect?
How did the NFL Players association and team owners come to an eventual win-win negotiated agreement? In this article we explore the strategies each side used to get to an integrative solution even if that was not the ultimate goal.
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Intercultural Negotiation: Does the BATNA Concept Translate?
When should you walk away in negotiation? That’s a common question that negotiation experts pose of professional negotiators. We are typically advised to walk away from the bargaining table when we haven’t been able to get a better deal than we can get elsewhere. But in intercultural negotiation, particularly in international negotiation in certain countries … Read More
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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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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Test Your Negotiation Decision-Making Ability
A negotiation research study using distributive negotiation examples sheds interesting light on decision-making capabilities, intelligence, and “intuition.”
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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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Difficult Situations at Work – Negotiation Skills for Dealing with Difficult People
Here are a few examples of difficult situations at work and some negotiation skills for dealing with difficult people we encounter in every area of life. First, negotiators should ask themselves: Why do some people get under our skin?
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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 More
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 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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Famous Negotiators: Angela Merkel and Vladimir Putin
At a January press conference last year, German chancellor Angela Merkel dangled a carrot in front of Russian president Vladimir Putin: the possibility of a summit in Kazakhstan aimed at easing the Ukraine crisis, to be attended by her and the leaders of France and Ukraine. That carrot, however, was dangling from a significant string.
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Teaching Real Estate Negotiation: How to Identify and Create Value
How do you teach your students to identify and create value in real estate negotiations?
Real estate negotiation can be difficult for both the buyer and the seller. Teaching real estate negotiation can involve value creation, distributive bargaining, as well as issue linkages. It is important for both buyers, sellers, and agents to identify ways to … Read More
Tough Topics in Negotiation: Negotiating a Non-Compete Agreement with Employers
In integrative negotiation, each side seeks to create and claim value with an eye towards the future of the negotiating relationship. One way of securing this relationship is a noncompete agreement: Employers sometimes ask potential employees to agree not to work for their competitors in the future but don’t assume such requests are nonnegotiable.
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Creating Value in Integrative Negotiations: Myth of the Fixed-Pie of Resources
Creating value is the name of the game in integrative negotiations but these principles can also apply to the highly competitive realm of business negotiations. In the business world, why is competition so often the norm, while cooperation seems like an impossible goal?
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When Family Business Disputes Require Conflict Resolution
Unfortunately, business disputes—and the need for conflict resolution—can be common when family members do business together.
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When Lose-Lose is the Best Alternative to a Negotiated Agreement (BATNA)
As the famous tale “The Gift of the Magi” illustrates, sometimes the best outcomes in negotiated agreements is a lose-lose situation for both parties.
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How Principal Agent Theory Works in Business Negotiations: Dealmaking Strategies for Bargaining with Agents
The Program on Negotiation has identified three basic sets of circumstances in business negotiations where you’ll be better off tapping an agent (see also principal-agent theory) to take your place at the bargaining table (at least for part of the negotiating process):
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Professional Negotiators: Give Texts a Chance
Do you negotiate via text? If you’re a young person early in your career, your answer may be an emphatic yes. If you’re a little older, maybe you answered no. Even so, if you took a closer look at the saved text messages on your smartphone, you might find you’ve recently negotiated the division of … Read More
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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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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Negotiation Skills Training: Define Your Negotiation Style
How would you characterize your negotiation style: Are you collaborative, competitive, or compromising? During any professional negotiation skills training, you’re likely to find out your negotiating style when setting goals and revealing your negotiating personality.
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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 More
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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Negotiation Examples in Real Life – Buying a Home and Dealing with Difficult People
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.
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The Power of a Simple Thank You in Negotiation
Expressions of gratitude have a number of positive effects, such as helping us savor pleasurable experiences, manage stress, and strengthen relationships, researchers have found. In negotiation and other contexts, showing gratitude also motivates those we thank to keep on giving.
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Dealing with Difficult People and Negotiation: When Should You Give Up the Fight?
Negotiators often fail to recognize when it’s time to walk away from a negotiation dispute – a trap that can squander time, money, and reputations. Receive tens of millions of dollars in a mediated settlement, and you might rightly think you scored a victory.
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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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Mediation Techniques – Resolve Disputes and Manage Conflict with These Mediation Skills
If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported.
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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
Negotiation Role-Plays for Building Critical Skills
Here is a brief story about about a teenager named Chris Jensen.
On his way home from basketball practice, he walked into a grocery store and shoplifted some candy bars and a soda. The storeowner saw him, chased after him, and, as luck would have it, they ran right into a police officer.
But instead … Read More
Business Negotiation Strategies When Your Boss Is the Problem
Many of us know the feeling of being frustrated by a superior’s involvement in our business negotiation strategies, whether because she hovers too closely over the talks, contradicts our carefully crafted strategy, or doesn’t give us the authority we need to sign off.
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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 More
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
Teach Your Students Cross-Cultural Negotiation
As our world grows increasingly interconnected, we are more likely to find ourselves negotiating in a cross-cultural context. The diverse makeup of many societies and global nature of business today make cross-cultural negotiation a regular part of life. Also, unfortunately, many major disputes in need of resolution cross ethnic and cultural lines. Furthermore, it is important … Read More
A Negotiation Preparation Checklist
Without a doubt, the biggest mistake that negotiators make—and one that many make routinely—is failing to thoroughly prepare. When you haven’t done the necessary analysis and research, you are highly likely to leave value on the table and even to be taken advantage of by your counterpart. A negotiation preparation checklist can help you avoid … Read More
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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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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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.
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Why is Negotiation Important: Mediation in Transactional Negotiations
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial.
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Best Negotiators in History: Nelson Mandela and His Negotiation Style
The late Nelson Mandela will certainly be remembered as one of the best negotiators in history. He was clearly “the greatest negotiator of the twentieth century,” wrote Harvard Law School professor and Program on Negotiation Chairman Robert H. Mnookin in his seminal book, Bargaining with the Devil, When to Negotiate, When to Fight.
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How to Set Negotiation Goals as a Manager
To encourage the negotiators they supervise to do their best, managers routinely rely on performance benchmarks, the promise of bonuses, and other types of goals.
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6 Bargaining Tips and BATNA Essentials
The best bargaining tips taught by the experts should offer ways to enhance your bargaining power in negotiation. To do this, you must cultivate a strong BATNA, or best alternative to a negotiated agreement. The more appealing your best alternative is, the more comfortable you will feel asking for more in your current negotiation—secure in … Read More
Top International Negotiation Case Studies in Business: The Microsoft-Nokia Deal
International negotiation brings on more challenges than most. On September 3, 2013, Microsoft announced a deal to acquire Finnish mobile phone company Nokia’s handset and services business for $7.2 billion, the New York Times reported. The agreement marked a belated but bold move by Microsoft to upgrade its presence in handheld devices and signals an … Read More
4 Sales Negotiation Traps—and How to Overcome Them
Whether you’re planning to put your home up for sale, trying to unload excess merchandise, or searching for new clients, there’s a good chance you’ll make your next sales negotiation more challenging than it needs to be by falling into common cognitive traps. You can improve your sales negotiation skills by learning about four traps … Read More
Creating Value in Negotiations through Word Choice
When the delegates from the Group of 20—the world’s 20 largest economies, or G20—met in Buenos Aires, Argentina, in December 2018 to negotiate reforms to the global trading system, the words they didn’t use turned out to be just as important as the ones they did when it came to creating value in negotiations.
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Best-In-Class Negotiation Case Studies
What’s one of the best ways to teach the art and science of negotiation? Case studies and articles that spark lively discussion or facilitate self-reflection. Based on real-world examples, these teaching resources are designed to help students envision how to apply what they’ve learned in the classroom and beyond.
The Teaching Negotiation Resource Center (TNRC) at … Read More
Redevelopment Negotiation: The Challenges of Rebuilding the World Trade Center
In the wake of the horrific terror attacks on the World Trade Center in New York City on September 11, 2001, there were difficult questions and challenges facing those who were involved in the redevelopment negotiation. The Teaching Negotiation Resource Center (TNRC) offers a unique case package designed to teach these complex challenges in this … Read More
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.
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Negotiation Skills: Four Steps for Changing Negotiation Practices in Your Organization
Individual negotiators are sometimes overwhelmed by the idea of leading organization-wide changes to negotiation practices. In fact, it doesn’t take much time or effort to set the wheels of reform in motion, write Hallam Movius and Lawrence Susskind in Built to Win. Here are four simple steps to implement in your workplace.
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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
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.
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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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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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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 More
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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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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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.
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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.
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What is Divorce Mediation?
A divorce can take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be overwhelming, especially when the principals are barely speaking to each other. In the worst-case scenario, separating spouses hire cutthroat lawyers to make rigid (and sometimes outrageous) … Read More
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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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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Four Ways to Manage Conflict in the Workplace
Samantha was livid. While making a presentation during a meeting that both attended, Brad, a newcomer in her department, had shared some slides during a presentation that were clearly based on ideas for a project she’d shared with him privately—without giving her credit. Samantha angrily confronted Brad in his office after the meeting; he became … Read More
Business Negotiations: How to Improve Your Reputation at the Bargaining Table
In multi-issue business negotiations, research suggests that the advantage goes to negotiators with a reputation for collaboration rather than competition. In a series of studies by Catherine H. Tinsley and Kathleen O’Connor, participants were told they would be negotiating with someone who had either a tough reputation, a cooperative reputation, or an unknown reputation. Although … Read More
Learn from the Best with the Great Negotiator
No one can provide perspective on conflict resolution like experts who have been involved in some of the world’s most complex negotiations. Since 2001, the Program on Negotiation (PON) has bestowed the Great Negotiator Award upon distinguished leaders whose lifelong accomplishments in the fields of negotiation and dispute resolution have had compelling and lasting results.
The Great … Read More
Power in Negotiation: The Impact on Negotiators and the Negotiation Process
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.
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Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy
Executives rarely view themselves as diplomats engaged in international diplomacy but business negotiators often find the two fields share negotiation skills and negotiation techniques. Rightly or wrongly, diplomacy evokes images of frivolity – days spent wandering exotic capitals, nights spent cruising embassy cocktail parties.
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Four Strategies for Making Concessions in Negotiation
Four strategies for building goodwill and reciprocity in negotiation.
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Role Play Simulations to Help You Become a Better Mediator
When opposing parties cannot come to a satisfactory resolution, a strong mediator can make all the difference. By effectively examining the issues at hand and helping parties identify creative solutions, a well-trained mediator builds consensus where there once was none.
To help professionals learn the art of mediation, the Program on Negotiation’s Teaching Negotiation Resource Center … Read More
Developing Negotiation Skills for Integrative Negotiations – Does Personality Matter?
Imagine that after some negative experiences at the bargaining table or if you are frustrated in your efforts to improve your negotiation skills, you’ve started to worry that you simply don’t have the right personality to be a great negotiator let alone a value-creating, integrative negotiations expert. The other party always seems to get the … Read More
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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Negotiation as Your BATNA: The Syrian Civil War and Crisis Negotiations
Sometimes your best alternative to a negotiated agreement (BATNA) is realizing that the negotiation itself is worth the risk. Back in May 2012, the United States and Russia announced a plan to hold a peace conference aimed at ending the civil war in Syria, which had killed more than 70,000 people at that time.
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How to Use Tradeoffs to Create Value in Your Negotiations
How do expectations of fairness and reciprocity at the bargaining table impact negotiator decisions regarding the strategies and tactics they use at the negotiation table?
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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.
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Emotional Triggers: How Emotions Affect Your Negotiating Ability
Example of negotiation in daily life: Imagine you’re about to negotiate with a competing firm about a possible merger. You enter the conference room and find a reasonable and fair representative from the other company, someone you’ve reached mutually beneficial agreements with in the past.
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Negotiation Case Studies: Teach By Example
There are good negotiators and there are great ones.
Once a year, the Program on Negotiation at Harvard Law School selects an outstanding individual who embodies what it means to be a truly great negotiator. To earn the Great Negotiator Award, the honoree must be a distinguished leader whose lifelong accomplishments in the field of dispute … Read More
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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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. Think of a labor union that wants to convince company management to agree to pay increases. In such cases, the … 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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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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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.
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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
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Use Video Examples to Teach Your Students to Become Better Mediators
Parties engaged in disputes are often unable to reconcile their differences alone, or fail to reach outcomes that are adequate for everyone. Mediators can add a great deal of value by helping parties to efficiently and effectively examine the issues at hand, take the interests … Read More
The Importance of Communication in Negotiations: Preparing Your Negotiating Team
When a team is preparing for a critical negotiation, members need to appoint a leader, allocate roles and responsibilities, and discuss their at-the-table strategy. Another key objective that teams sometimes fail to discuss is the importance of staying “on message” – that is, making sure that statements by individual members don’t contradict the group’s agreed-upon … Read More
Examples of Difficult Situations at Work: Consensus and Negotiated Agreements
How do negotiators reach consensus while engaged in intense negotiated agreements, often contentious, bargaining sessions with their counterparts? Here are some ways negotiators have reached consensus with colleagues and counterparts in the workplace.
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Hostage Negotiation Techniques for Business Negotiators
What do FBI hostage negotiation techniques and business dealmaking have in common? Not a lot, we might assume. In workplace talks, lives are rarely at stake, and tensions seldom escalate into violence. Yet dig a bit deeper, and similarities emerge: just as in a crisis negotiation, business talks can be highly charged, unpredictable, and emotional.
In … Read More
10 Great Examples of Negotiation in Business
A number of noteworthy disputes among businesses, organizations, and individuals made headlines in 2013 and demonstrate the importance of negotiation in business.
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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.
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Teaching with Video-Based Negotiation Scenarios
Access to multimedia content has rapidly increased throughout the world, with videos and short clips permeating our daily life. We are consuming, producing, and interacting with videos more now than ever before. In light of increasing video fluency and interest in using videos in education, the Program on Negotiation’s Teaching Negotiation Resource Center is creating … Read More
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
Negotiations, Gender, and Status at the Bargaining Table
When it comes to different characteristics of negotiation styles, a growing body of research suggests that status consciousness varies depending on the gender of interested parties.
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Negotiation Skills and Bargaining Techniques from Female Executives
Dozens of female CEOs and other high-level women negotiators have told us about their experiences negotiating in traditionally masculine contexts where standards and expectations were ambiguous. Their experiences varied according to the gender triggers that were present in the negotiations and they adapted their negotiation skills to accommodate these shifts.
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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
10 Notable Negotiations
In 2016, political dealmaking and corporate mergers took center stage. We look back on some of the most notable of these negotiations, which offer significant lessons to professional negotiators.
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A Case Study of Conflict Management and Negotiation
In this case study of conflict management, the Program on Negotiation offers advice drawn from negotiation research about forming negotiating teams and avoiding conflicts within teams and working groups.
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Are You Ready to Negotiate?
“Winging it” is a fine approach to life’s minor decisions, but when you negotiate, it can be disastrous. Follow these three preparation steps and improve your agreements.
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Mandated Mediation: What to Expect
More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors—and even, in some cases, in agreements with their own employees. ADR clauses can be beneficial for all concerned if it means avoiding the cost, delay, and uncertainty of going to court. Mandated mediation, in particular, may offer … Read More
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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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
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
Understanding the Negotiation Skills You Need to Negotiate with Friends and Family
Who achieves the best negotiated agreements: strangers, friends, or romantic partners? In a 1993 negotiation role-play simulation, Margaret Neale of Stanford University and Kathleen McGinn found that pairs of friends achieved higher joint gains than married couples and pairs of strangers.
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How to Negotiate Mutually Beneficial Noncompete Agreements
If you’re looking to get more leverage out of your next job negotiation, the noncompete agreement that may very well be tucked inside your employment contract could provide an opportunity to achieve the mutually beneficial win-win situation you desire.
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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 More
A Crisis Negotiations Case Study: Chen Guangcheng, the United States, China, and Diplomatic Negotiations
US Secretary of State Hillary Clinton’s indirect approach to diplomatic negotiations with the People’s Republic of China over political dissdent Chen Guangcheng demonstrates the power of adaptability at the bargaining table, especially when dealing with a counterpart from a different culture or who may speak a different language.
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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 More
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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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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Learning From Negotiation Role-Plays
It’s a familiar practice in negotiation training: Students are divided up and assigned to engage in role-play exercises known as simulations. Each person reads confidential information about her role, the two (or more) players get together and negotiate, and then the class reconvenes to debrief the experiences.
Simulation took root as a common method for teaching … Read More
Effective Negotiation Techniques: Strive for a Precision Advantage
As you may have noticed, the first offer made in a negotiation often has a significant influence on the final outcome. In their research, psychologists Daniel Kahneman and Amos Tversky documented that the first number introduced in a negotiation serves as an “anchor” that can be impossible to ignore—no matter how irrelevant, outrageous, or insulting … Read More
10 Hard-Bargaining Tactics to Watch Out for in a Negotiation
Don’t be caught unprepared by hard bargainers, warn Robert Mnookin, Scott Peppet, and Andrew Tulumello in their book Beyond Winning.
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How to Control Your Emotions in Conflict Resolution
To guard against acting irrationally or in ways that can harm you, authors of Beyond Reason: Using Emotions As You Negotiate Roger Fisher and Daniel Shapiro advise you to take your emotional temperature during a negotiation. Specifically, try to gauge whether your emotions are manageable, starting to heat up, or threatening to boil over.
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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
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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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 More
Grading a Negotiation: Examples of How to Evaluate Student Performance
Whether to grade student role-play performance, process and outcomes is a tricky question. Jim Lawrence, a long-time PON contributor, simulation author, attorney and practicing mediator with Frost Brown Todd LLC, recently shared his thoughts on the value and purpose of grading students participating in negotiation simulations.
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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 More
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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Mediation Process and Business Negotiations: How Does Mediation Work in a Lawsuit?
How does mediation work in a lawsuit? What benefits can mediation offer businesses that deal with multiple contractual agreements, some of which may end in disputes? These questions were answered by Harvard Law School Associate Professor and negotiation expert Dan Greiner in an “Ask the Negotiation Coach” segment from our Negotiation Briefings newsletter.
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BATNA Examples—and What You Can Learn from Them
What is a BATNA in negotiation? In their bestseller Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton (Penguin, 1991) described BATNA, or best alternative to a negotiated agreement, as the path you’ll follow if you don’t reach agreement in your current negotiation.
Awareness of your BATNA will keep you … Read More
What is a Win-Win Negotiation?
In an episode of the American television show The Office, bumbling manager Michael Scott consults with a manual on conflict resolution while attempting to mediate a dispute between two of his subordinates, Angela and Oscar. After Scott explains that there are five approaches to resolving conflict, beginning with “win-lose,” an annoyed Angela interrupts: “Can we … Read More
Mediation and the Conflict Resolution Process
It’s often the case that when two people or organizations try to resolve a dispute by determining who is right, they get stuck. That’s why so many disputes end up in court. There is a better way to resolve your dispute: by hiring an expert mediator who focuses not on rights but on interests—the needs, … Read More
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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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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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
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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Power in Negotiations: How to Maximize a Weak BATNA
In business negotiations, we tend to assume that it’s the more financially successful party that has an edge. But if that party has a weak BATNA, or best alternative to a negotiated agreement, it could be the seemingly weaker party that comes out on top.
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Using Principled Negotiation to Resolve Disagreements
Parties can often reach a better agreement through integrative negotiation—that is, by identifying interests where they have different preferences and making tradeoffs among them. If you care more about what movie you see tonight, but your friend cares more about where you have dinner, for example, you can each get your preference on the issue … Read More
Alternative Dispute Resolution: Values-Based Role Play Simulations for Improving Mediation Skills
Three role-play simulations focus on the mediation of values-based disputes.
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Negotiation Exercises to Help Your Students Avoid Cross-Cultural Pitfalls
Avoid cross-cultural misunderstandings with these negotiation exercises
It’s no secret that communication and negotiation etiquette varies widely across cultures. In France, for example, it is rude to talk money over dinner, while in Brazil the American ‘A-OK’ gesture (thumb and forefinger forming a circle) can be a major insult.
The increasingly diverse and global nature of business … Read More
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.
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Global Impact Negotiation Simulation
International law and diplomacy is a rapidly evolving field that depends on the brokering of agreements between nations and other stakeholders. Whether there are language barriers, cultural differences, or both, some of the most challenging negotiations involve parties from different nations. Because of the relative lack of clear legal precedents and the difficulties of enforcement, … Read More
Making Business Deals that Thrive Across Cultures
The 1998 merger of German automaker Daimler-Benz and the American Chrysler Corporation at first seemed like a match made in heaven, but the honeymoon wore off as the two cultures that made up DaimlerChrysler began to clash. The Americans’ informal behavior, such as using first names rather than titles, made the Germans uncomfortable, while the … Read More