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

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What Is an Umbrella Agreement?

Posted by & filed under Dispute Resolution.

umbrella agreement

Business negotiators tend to want the best of both worlds. When reaching an agreement, they want to pin down parties’ respective rights and responsibilities, but they also want to retain the flexibility they need to deal with ever-changing business conditions. One solution to this apparent dilemma is to craft an umbrella agreement. … Read More 

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Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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 

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The First Move A Negotiator’s Companion

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Solidly and uniquely grounded in the best of European and American traditions and scholarship, including the authors’ own research, this book provides deep insight into how to negotiate successfully in business and political settings alike. Every day, you negotiate. Within families, in companies, in the public sphere, in international settings, you deal with projects, contracts, and … Read More 

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Negotiation Master Class Fall 2019 Program Guide

Posted by & filed under Free Report.

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

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When Spider Webs Unite Five Case Studies of the Third Side in Action

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When Spider Webs Unite is the next work in the evolution of William Ury’s “Third Side” concept. Through a series of case studies, the book illustrates how the “Third Side” becomes operationalized in actual conflict situations. The five case studies, written by Program on Negotiation Graduate Fellows, represent a wide range of conflicts: Native American land … Read More 

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Mediating Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: Sold Out The success of any mediation is predicated on the skills of the mediator. 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 … Read More 

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Team Talk The Power of Language in Team Dynamics

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Both negotiators in organizations and students of organizational theory will be interested in this book. In this study, the author makes use of sociolinguistics to analyze team conversations and their organizational context to explain why cross-functional teamwork poses so many challenges. Drawing on interviews and observations of teams in Fortune 200 companies, the author compares … Read More 

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Negotiation and Leadership Fall 2019 Brochure

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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 

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Negotiation Workshop: Improving Your Negotiating Effectiveness

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 3–7, 2019 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 

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Negotiation Skills: Building Trust in Negotiations

Posted by & filed under Negotiation Skills.

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 

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The Harvard Negotiation Intensive: A Two-Day Workshop

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 6–7, 2019 Whether you’re a vice president, litigator, manager, or transactional attorney, negotiation is central to nearly every professional activity. Systematic and thorough preparation, as well as an ability to manage shared, different, and conflicting interests, is critical to success. Designed to address the core issues that you experience as you negotiate on behalf … Read More 

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Harvard Negotiation Institute 2019 Summer Programs Guide

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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 

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Negotiation Workshop: Strategies, Tools, and Skills for Success

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 10–14, 2019 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 

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Negotiation Genius

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Deepak Malhotra & Max Bazerman Clear and methodical advice for preparing for and executing any negotiation, drawing on decades of behavioral research and the experience of thousands of business clients – Co-winner of the 2008 CPR Award for Excellence in ADR (Outstanding Book Category) … Read More 

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Negotiation Master Class Spring 2019 Program Guide

Posted by & filed under Free Report.

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 

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Secrets of Successful Dealmaking

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 10–14, 2019 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 

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Making Global DealsWhat Every Executive Should Know About Negotiating Abroad

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Picking up where other negotiation books leave off, this practical, incisive handbook shows executives, lawyers, and government officials how to survive and thrive in today’s highly competitive international marketplace. Making Global Deals explains how to overcome the obstacles-the instability of the international marketplace and differences in culture, ideology, law, politics, and currencies-and come out on top … Read More 

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Negotiating Difficult Conversations: Dealing with Tough Topics Productively

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 10–14, 2019 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 

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NEW FREE REPORT! Salary Negotiations

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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 

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Advanced Mediation Workshop: Mediating Complex Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 10–14, 2019 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 

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Handbook of Dispute Resolution (The)

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Winner, National Institute for Advanced Conflict Resolution’s 2005 Book Award – A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes … Read More 

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Mediating Disputes – Fall 2018

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: This course is at capacity. 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 … Read More 

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Negotiation and Leadership: Dealing with Difficult People and Problems BR

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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 

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Breaking the Impasse Consensual Approaches to Resolving Public Disputes

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Drawing on his experience in the MIT-Harvard Public Disputes Program, a leading mediator and his co-author provide the first jargon-free guide to consensual strategies for resolving public disputes-indispensable to citizen activists and to business and government leaders.   “A complement to Getting to Yes . . . shows how parties involved in public disputes over housing projects, … Read More 

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Negotiation and Leadership: Dealing with Difficult People and Problems AQ

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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 

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Beyond Reason

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Roger Fisher and Daniel Shapiro Winner of the 2005 CPR Award for Excellence in ADR (Outstanding Book Category). Practical and straightforward advice to use emotions to turn a professional or personal disagreement – big or small – into an opportunity for mutual gain. … Read More 

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Negotiation and Leadership NL P

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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 

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Behavioral Theory of Labor Negotiations, A An Analysis of a Social Interaction System

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In this book Walton and McKersie attempt to describe a comprehensive theory of labor negotiation. The authors abstract and analyze four sets of systems of activities which they believe account for much of the behavior found in labor negotiations. The first system of activities, termed “distributive bargaining,” comprises competitive behaviors that are intended to influence the … Read More 

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Business Crisis Management: Crisis Communication Examples and How to Use Police Negotiation Tecniques

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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 

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Handling Difficult People: The Antisocial Negotiator

Posted by & filed under Dealing with Difficult People.

difficult people

Have you ever found yourself negotiating with someone who seemed entirely ruthless and lacking in empathy? From time to time, we may end up in the deeply unsettling position of handling difficult people who appear to have no concern for us or our outcomes. People who are antisocial, lack empathy, and habitually engage in impulsive, manipulative, … Read More 

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Negotiation and Leadership NL O

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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 

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The New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation

Posted by & filed under Free Report.

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 

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Cognitive Biases in Negotiation and Conflict Resolution – Common Negotiation Mistakes

Posted by & filed under Conflict Resolution.

Cognitive Biases

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 

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Sidetracked: Understanding the Psychological Barriers that Derail Negotiations

Posted by & filed under 1 Day Courses, executive training.

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 

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Art & Science of Negotiation (The)

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Howard Raiffa Winner of the 1985 Leo Melamed Prize of the Journal of Business for the most significant published work by a faculty member in a school of business in the preceding two years. … Read More 

Free Report

Dealing with Difficult People

Posted by & filed under Free Report.

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 

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When a Job Offer is “Nonnegotiable”

Posted by & filed under Negotiation Skills.

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 

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Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – November 11th-13th

Posted by & filed under Harvard Negotiation Master Class.

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 

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The Art of Negotiation

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Program on Negotiation faculty member and Harvard Business School professor Michael Wheeler brings you a new, next-generation approach to negotiation. Michael Wheeler’s new book, The Art of Negotiation, demonstrates that the best negotiators are adept at managing chaos and uncertainty and rarely trap themselves with rigid plans and entrenched positions. Understanding that negotiation is a process … Read More 

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Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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 

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Difficult Conversations: How to Discuss What Matters Most

Posted by & filed under 1 Day Courses, executive training.

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 

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Harborco: Role-Play Simulation

Posted by & filed under Free Report.

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

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Negotiating the Impossible

Posted by & filed under 1 Day Courses, executive training.

Some negotiations go smoothly, while others seem completely hopeless, with escalating conflict, increasingly aggressive behavior, and neither side willing to back down. Yet no matter how high the stakes or how protracted the dispute, even the most explosive situations can be defused. When handled effectively, even the worst conflicts have potential solutions. … Read More 

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Entrepreneurial Negotiation

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Samuel Dinnar and Lawrence Susskind interview eight entrepreneurs and provide a detailed analysis of what the interviewees did wrong and what they now realize they should have done to prevent, detect or respond more effectively to their errors. … Read More 

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Spring Mediation and Conflict Management

Posted by & filed under PON Seminars, PON Seminars (Semester Length Courses).

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 

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Trouble at the Watering Hole

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Trouble at the Watering Hole is a breakthrough book that focuses on the skills of conflict resolution. This fun and educational book builds a foundation for kids to learn ways to constructively resolve problems and to build strong skills that can be used to resolve conflict for the rest of their lives. … Read More 

Free Report

Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts

Posted by & filed under Free Report.

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 

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How Negotiation Role-Play Simulations Can Help You Resolve Environmental Disputes

Posted by & filed under Teaching Negotiation.

negotiation role-play

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 

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Leveraging the Power of Emotions As You Negotiate

Posted by & filed under 1 Day Courses, executive training.

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 

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3-D Negotiation

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David Lax & James Sebenius A path-breaking introduction to the “three dimensions” of complex negotiated deal-making: table tactics, deal design, and the crucial but often overlooked dimension of setup … Read More 

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How to Find the ZOPA in Business Negotiations

Posted by & filed under Business Negotiations.

zopa in business

In business negotiation, two polar-opposite errors are common: reaching agreement when it wouldn’t be wise to do so, and walking away from a mutually beneficial outcome. How can you avoid these pitfalls? Through careful preparation that includes an analysis of the zone of possible agreement, or ZOPA in business negotiations. … Read More 

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Winning From Within A Breakthrough Method for Leading, Living and Lasting Change

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Winning from Within by leadership and negotiation expert Erica Ariel Fox presents a contemporary approach for getting more of what you want, improving relationships, and enjoying life’s deeper rewards. With principles developed while teaching negotiation at Harvard Law School and coaching executives around the world, Fox provides a map for understanding your inner world and a … Read More 

Free Report

Negotiation Strategies for Women: Secrets to Success

Posted by & filed under Free Report.

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 

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Solar Power

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Georg Berkel Two-party, one-issue distributive negotiation about the acquisition of a renewable energy firm … Read More 

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Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

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 

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Collective Bargaining at Central Division

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Lawrence Susskind, Charles Hecksher, and Elaine Landry Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a telephone company; includes an internal team meeting before external negotiations … Read More 

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Communicate Your Interests Behind the Deal

Posted by & filed under Mediation.

negotiation

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. … Read More 

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What Works

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Iris Bohnet A “game-changer” that demonstrates how research is addressing gender bias, improving lives and performance. … Read More 

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Sally Soprano: Role-Play Simulation

Posted by & filed under Free Report.

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 

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Great Negotiator Case Study Package

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James K. Sebenius and Jeswald Salacuse, with Daniel Curran, Laurence A. Green, Rebecca Hulse and Kristin Schneeman A package of factual case studies featuring recipients of the Program on Negotiation’s Great Negotiator Award … Read More 

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Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy

Posted by & filed under Dealmaking.

business negotiators

Executives rarely view themselves as diplomats engaged in international diplomacy but business negotiators often find the two fields share negotiation skills and negotiation techniques. Rightly or wrongly, diplomacy evokes images of frivolity – days spent wandering exotic capitals, nights spent cruising embassy cocktail parties. … Read More 

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Training Women to Be Leaders: Negotiating Skills for Success

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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 

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What is a Win-Win Negotiation?

Posted by & filed under Win-Win Negotiations.

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 

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Negotiating Life

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Jeswald Salacuse Arguing that life is really a series of negotiations, deal making, and diplomacy, Salacuse gives readers the tools to make the most of any situation. … Read More 

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Law of Investment Treaties (The)

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Jeswald Salacuse In this revised edition, the nature, history, and significance of investment treaties are examined, as well as their impact on international investors and investments, and the governments that are party to them. Recent treaties, trends, and controversy are also discussed. … Read More 

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Teaching Negotiation: Understanding The Impact Of Role-Play Simulations

Posted by & filed under Free Report.

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 

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Cross-Cultural Negotiation Video: What Is There To Teach About?

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Produced by Larry Susskind and Warren Dent The Program On Negotiation at Harvard Law School invited three members of its highly experienced negotiation faculty to share stories about how they have adapted their teaching strategies in various cross-cultural contexts. … Read More 

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Negotiation Master Class Fall 2013 Program Guide

Posted by & filed under Free Report.

For the first time ever, the Program on Negotiation is offering a master-level course for negotiators. The program is highly personalized and taught by 4 negotiation experts from Harvard and MIT. If you are selected to participate, you will be assigned to small learning groups, take part in dynamic exercises with two-way feedback, work closely … Read More 

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Negotiating At Work

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Deborah Kolb & Jessica Porter Selected by TIME as one of the best negotiation books of 2015, Negotiating at Work offers practical advice for managing your own workplace negotiations: how to get opportunities, promotions, flexibility, buy-in, support, and credit for your work. … Read More 

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Job Negotiation, The

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Jennie Hatch & Kessely Hong A three-party employment negotiation involving a mid-career student negotiating two job offers via email at the same time. … Read More 

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Conflict-Solving Strategies: The Value of Taking a Break

Posted by & filed under Conflict Resolution.

conflict solving strategies

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

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Mediation and the Conflict Resolution Process

Posted by & filed under Conflict Resolution.

mediation

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 

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The Mercury Negotiation Simulation

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Leah C. Stokes, Lawrence Susskind, and Noelle E. Selin This mercury game is a role-play simulation aimed at scientists, students and decision makers. Playing the game will help participants explore the consequences of representing scientific uncertainty in various ways in a policy context. … Read More 

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A Green Victory Against Great Odds, But Was It Too Little Too Late?

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Gina Coplon-Newfield This case study provides an intimate view into the fierce battle among major US nonprofit environmental groups, Members of Congress, and industry over energy policy in 2007. The resulting law slashed pollution by raising car efficiency regulations for the first time in three decades. For negotiators and advocates, this case provides important lessons about … Read More 

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Integrative Negotiations: Dispute Resolution Through Joint Fact-Finding

Posted by & filed under Conflict Resolution.

integrative negotiations

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 

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Dioxin – Waste to Energy Game

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Denise Madigan, Steve Foster, and Lawrence Susskind Six-party, multi-issue negotiation among four scientists, a city representative, and an environmentalist to develop the city’s solid waste management strategy; also known as: Dioxin: Resource Recovery. … Read More 

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

Posted by & filed under International Negotiation.

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. … Read More 

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Inside Out

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Gary Friedman Designed to help people who work with parties in conflict use their inner experiences for the benefit of their clients, this book challenges many of the conventions conflict-resolution professionals bring to this field. Rooted in self-awareness, this practical guide encourages us to work from the “inside out”. … Read More 

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Caitlin’s Challenge

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Deborah M. Kolb, with the Simmons College Graduate School of Management, and the Program on Negotiation at Harvard Law School “Caitlin’s Challenge” is a short case recounting Caitlin Elliot’s history at a company called Microenterprises Incorporated and her negotiation with its CEO, George Baker, about a promotion and a bonus. The case is good for … Read More 

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Hydropower In Santales

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Jennie Hatch under the supervision of Lawrence Susskind Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based energy development … Read More 

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The Negotiation Process in China

Posted by & filed under International Negotiation.

negotiation process

With its booming economy and growing international consumer influence, the role of negotiation in international business is more important than ever and negotiation skills appropriate for China are in high-demand. Here are a few negotiation tips to help you successfully navigate your next round of business negotiations in China. … Read More 

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West Wind in Pine Hills

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A 2-participant, 2-issue, scorable negotiation between a wind company rep and a rural community rep about a proposed wind turbine project … Read More 

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Power Of Noticing (The)

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Max Bazerman A guide to making better decisions, noticing important information in the world around you, and improving leadership skills. … Read More 

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Good For You, Great For Me

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Lawrence Susskind Win at win-win negotiating! Find trades that create much more value than either you or your opponent thought possible while satisfying the interests of your back table – the people to whom you report. … Read More 

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How to Overcome Cultural Barriers in Negotiation

Posted by & filed under International Negotiation.

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 

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Negotiating with the Ministry of Health

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Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada. … Read More 

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Negotiating with Another Federal Agency

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Larry Susskind (MIT), Ona Ferguson, and Meredith Sciarrio Two, separate, two-person, non-scorable negotiations: one between Technical Co-chairs from the Center for Disease Control and USAID; the other between a CDC Technical Co-Chair and the Minister of Health in the imaginary host country of Sabada. … Read More 

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Digitally Enhanced Simulation Packages – NEW from the TNRC

Posted by & filed under Teaching Negotiation.

Enhanced Simulation Package Sample Question

In-depth Teaching Materials with Real Time Data Analytics Designed to Enhance Teaching Negotiation  NOW FREE TO NEW USERS!  New from the Teaching Negotiation Resource Center (TNRC) at PON, and iDecision Games: digitally enhanced simulation packages designed to take your teaching to the next level. The Enhanced Simulation Package from the TNRC and iDecision Games brings a new, interactive … Read More 

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Akron Steel

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Allison Berland A non-team, multi-issue, non-scorable exercise that gives participants an opportunity to map a conflict at the workplace. … Read More 

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Tough Topics in Negotiation: Negotiating a Non-Compete Agreement with Employers

Posted by & filed under Conflict Resolution.

negotiation

In integrative negotiation, each side seeks to create and claim value with an eye towards the future of the negotiating relationship. One way of securing this relationship is a noncompete agreement: Employers sometimes ask potential employees to agree not to work for their competitors in the future but don’t assume such requests are nonnegotiable. … Read More 

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Flooding and Climate Change Risks in Northam

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Seven-person, multi-issue facilitated negotiation among local government, community, business, environmental, and engineering representatives trying to reach agreement on a strategy for managing climate change risks in a small coastal city … Read More 

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The Importance of Communication in Negotiations: Preparing Your Negotiating Team

Posted by & filed under Negotiation Skills.

negotiations

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 

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Coastal Flooding in Shoreham

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Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a medium-sized coastal community … Read More 

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Coastal Flooding and Climate-Related Risks in Launton

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Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a small, beachfront community. … Read More 

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How to Deal with Difficult Customers

Posted by & filed under Dealing with Difficult People.

how to deal with difficult customers

To hear some salespeople and service representatives tell it, difficult behavior from customers is at an all-time high. Stories of demanding customers proliferate in the press and on social media, while customers likewise complain that their needs increasingly are not being met by companies focused on the bottom line. … Read More 

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Flooding in Milton

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Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a mid-size coastal city. … Read More 

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Managing Difficult Negotiators

Posted by & filed under BATNA.

difficult negotiators

In negotiation, we are often confronted with the task of dealing with difficult people—those who seem to prefer to set up roadblocks rather than break down walls, or who choose to take hardline stances rather than seeking common ground. If you’re skilled in BATNA negotiations, you’ll have an easier time dealing with such people. … Read More 

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Browning Brothers Search

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Jeswald W. Salacuse Five- to six-person negotiation between search committee members asked to reach consensus on characteristics needed for a new leader to right a financial company in crisis … Read More 

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Negotiation Skills: Threat Response at the Bargaining Table

Posted by & filed under Negotiation Skills.

negotiation

When someone issues a threat or an ultimatum, take a step back and diagnose the problem. Consider how you would respond to threats and ultimatums such as these during negotiation. In the face of such tough talk, should you strike back with a counterthreat? Probably not. Because counterthreats raise the emotional temperature of a negotiation, … Read More 

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Canada-China Panda Acquisition Negotiation

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Stephen Weiss Two-team (6 person), multi-issue contract negotiation between Canadian zoo CEOs and representatives of Chinese organization responsible for giant panda loans … Read More 

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Negotiation Strategies for Dealing with Spoilers

Posted by & filed under BATNA.

batna

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

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What To Do With Hexiglass?

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Beth Doherty and Hal Movius 3-player, non-scoreable game designed to teach the benefits of managing communication and trust in the context of a technology negotiation. … Read More 

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Win As Much WATER As You Can!

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Catherine Ashcraft Four-person, scoreable, prisoner’s dilemma game where players decide how to handle low water levels in 10 quick rounds; an adaptation of the case “Win As Much As You Can.” … Read More 

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Civic FusionMediating Polarized Public Disputes

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By Susan L. Podziba. Civic fusion is when people bond to achieve a common public goal, even as they sustain deep value differences. This book offers proven strategies for moving polarized parties to consensus solutions based on the author’s 25 years of mediation experience, including working with pro-life and pro-choice leaders after fatal shootings at … Read More 

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Managing Cultural Differences in Negotiation

Posted by & filed under International Negotiation.

managing cultural differences

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 

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Finn River Basin

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Danya Rumore, Anjali Lohani, and Mubarik Imam Seven-party, seven-person, multi-issue negotiation game involving a dispute over inter-provincial water allocations. It explores issues of prediction and monitoring, water sharing, and the environmental adequacy of water flows. … Read More 

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

Posted by & filed under Negotiation Skills.

power in negotiation

According to Dacher Keltner of the University of California at Berkeley and his colleagues, power in negotiation affects two primary neurological regulators of behavior: the behavioral approach system and the behavioral inhibition system. Powerful negotiators demonstrate “approach related” behaviors such as expressing positive moods and searching for rewards in their environment. … Read More 

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Negotiating About Pandas for San Diego Zoo

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Stephen Weiss and Sarah Tatrallyay This case study centers on the most challenging task for a negotiator: to reach a satisfactory agreement with a tough counterpart from a position of low power—and to do so in an uncommon context. The case concerns the executive director of a zoo in the U.S. who seeks two giant pandas, … Read More 

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Rethinking Negotiation TeachingInnovations for Context and Culture

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This book is the first in a series of three volumes examining negotiation pedagogy, and features 22 innovative chapters written by international scholars who gathered at a Hamline-sponsored conference to begin the multi-year Rethinking Negotiation Teaching project. … Read More 

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Papers on International Environmental Negotiation, Volume 18: The Next Generation of Environmental Agreements (2011)

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Papers on International Environmental Negotiation, Volume 18: The Next Generation of Environmental Agreements (2011)

“Introduction,” by Lawrence Susskind “Expanding the Role and Function of Science Advisory Panels: A New Way to Bridge Science and Policy in Environmental Treaty Regimes,” by Mona Funiciello “Toward an International Geoengineering Agreement: The Promises (and Pitfalls) of Negotiating a Convention on Global Climate Interventions,” … Read More 

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Team Building Using Negotiation Skills

Posted by & filed under Negotiation Skills.

negotiation

To avoid conveying weakness to the other side, rather than calling for a break at the first sign of trouble, some negotiation teams devise secret signals they can use to bring wayward members in line—for instance, someone might stretch out her arms to communicate to another member that he’s getting off track. … Read More 

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Papers on International Environmental Negotiation, Volume 17: On the Road to Copenhagen (2009)

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Papers on International Environmental Negotiation, Volume 17: On the Road to Copenhagen (2009)

“Introduction,” by Lawrence Susskind “Looking Beyond Kyoto: A Vision for 2050 – And How to Get There,” by Justin Ginnetti “A Framework Proposal for a post-2012 Copenhagen Protocol – How to Reach 80% Reductions by 2062,” by Ines Kapphan

“Post-Kyoto Climate Change Negotiations: The View from the Coalition … Read More 

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Best-In-Class Negotiation Case Studies

Posted by & filed under Teaching Negotiation.

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 

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Water Diplomacy

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Shafiqul Islam and Lawrence E. Susskind In this book, the authors show how open and constantly changing water networks can be managed successfully using collaborative adaptive techniques to build informed agreements among disciplinary experts, water users with conflicting interests, and governmental bodies with countervailing claims. … Read More 

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Star Wars Stories: George Lucas and a Strong BATNA, Passed Over

Posted by & filed under BATNA.

BATNA

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 

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Papers on International Environmental Negotiation, Volume 04 (1994)

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Papers on International Environmental Negotiation, Volume 4 (1994) This volume is currently out of print.

“Getting Industry to Work for Environmental Treaty Making,” by Brent E. Omdahl

“Linking Human Rights and Environmental Quality,” by Kristi N. Rea

“Linking Trade and the Environment In a Post-Uruguay World,” by Katherine M. Howard

“Mass Media and the Environment: A Content Analysis,” by Paul A. Barresi

“Multinational Corporations: A … Read More 

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How to Create Win-Win Situations

Posted by & filed under Win-Win Negotiations.

How to create win-win situations

In business negotiation, a win-win agreement may be the ultimate goal, but it can sometimes prove elusive. Here, we offer four strategies from experts at the Program on Negotiation at Harvard Law School on how to create win-win situations in even the trickiest negotiations. … Read More 

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Papers on International Environmental Negotiation, Volume 10: Reforming the International Environmental Treaty-Making System (2001)

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Papers on International Environmental Negotiation, Volume 10: Reforming the International Environmental Treaty-Making System (2001)

“A Declaration on Transnational Relief and a Code of Conduct in Cases of Environmental Emergency: A New Proposal,” by Naoki Maegawa

“A Proposed International Framework Convention on Bioinvasive Species,” by Wendy Jastremski

“Addressing North-South Power Asymmetry in International Environmental Negotiations,” by Robert Blair

“Capacity-Building Strategies in Support of … Read More 

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Papers on International Environmental Negotiation, Volume 14 (2005)

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Papers on International Environmental Negotiation, Volume 14 (2005) This volume is available in print. Click here to order.

“Introduction,” by Lawrence E. Susskind and William R. Moomaw

“A ‘Zero Environmental Impact’ Treaty: A Full Environmental Compensation Mechanism for International Projects,” by Rodolfo Lacy

“A Sustainable Agriculture Amendment: Incorporating Sustainable Agriculture into International Environmental Negotiations,” by Hilde Petersen

“An Ecosystem Program … Read More 

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Papers on International Environmental Negotiation, Volume 15: Ensuring a Sustainable Future (2006)

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Papers on International Environmental Negotiation, Volume 15: Ensuring a Sustainable Future (2006)  

“Introduction,” by Lawrence E. Susskind and William R. Moomaw “ASEAN Energy Cooperation: An Opportunity for Regional Sustainable Energy Development,” by Phinyada Atchatavivan

“Engaging Non-Governmental Organizations with International Environmental Negotiations: Institutional Approaches to Reforming State-NGO Interactions,” by Beaudry E. Kock

“Gender and International Environmental Negotiations – How Far … Read More 

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10 Negotiation Failures

Posted by & filed under Negotiation Skills.

negotiation

Here’s a list of some of the most notable negotiation flops – from deals that were over before they started, to those that were botched at the table, to those that proved disastrous well after the ink had dried. … Read More 

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Papers on International Environmental Negotiation, Volume 16: Enhancing the Effectiveness of the Treaty-Making System

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Papers on International Environmental Negotiation, Volume 16: Enhancing the Effectiveness of the Treaty-Making System (2007) This volume is available in print. Click here to order.

“Introduction,” by Lawrence E. Susskind and William R. Moomaw

“A Process and Implementation Protocol to the UNFCCC,” by Jonathan Phillips

“Building Adaptive Capacity into Transboundary Water Regimes,” by Anna Schulz

“Capacity Building and a … Read More 

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Workable Peace Curriculum Series

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Note: Each of the seven individual Workable Peace Series curriculum units may also be purchased separately. Please click on the links below for information about purchasing individual units. Purchase of the seven-unit Workable Peace Curriculum Series includes a site license, which grants the user permission to reproduce any of its contents (including the role simulation … Read More 

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Negotiation in Business: Ethics, Bias, and Bargaining in Good Faith

Posted by & filed under Business Negotiations.

negotiation in business

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. … Read More 

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Viatex

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Hal Movius Two-party negotiation between representatives of Viatex and one of its clients, Brattlebury, involving trade-offs between short and long-term gains as well as dealing with internal stakeholders. … Read More 

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Four Ways to Manage Conflict in the Workplace

Posted by & filed under Business Negotiations.

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 

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Papers on International Environmental Negotiation, Volume 07 Global Environment: Negotiating Its Future

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The seventh in the International Environmental Paper Series is divided into three sections. The first proposes global agreements which can be reached in the areas of nitrogen emissions, “common heritage” resources, and the development of renewable energy technologies. The second section proposes two separate environmental management plans that share in common some important principles: the emphasis … Read More 

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For Professional Negotiators, Three Is a Magic Number

Posted by & filed under Negotiation Skills.

professional negotiators

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 

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Crisis in the Company

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Margaret Borne, with the assistance of Deborah Kolb, Paddy Moore and Lawrence Susskind … Read More 

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Salary Negotiation: How to Ask for a Higher Salary

Posted by & filed under Salary Negotiations.

salary negotiation

For a new employee, salary negotiation skills can be the most important and the most intimidating, but the most important, of difficult conversations to have at the beginning of your career. A new employee, successfully negotiating a salary offer up by $5,000 could make a huge difference over the course of her career. … Read More 

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ENCO

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Jeswald W. Salacuse, Arun Venkataraman, and Fritz von Carp … Read More 

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How to Overcome Barriers and Save Your Negotiated Agreement at the Bargaining Table

Posted by & filed under Negotiation Skills.

negotiated agreement

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 

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What is Distributive Negotiation and Five Proven Strategies

Posted by & filed under Dealmaking.

distributive negotiation

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

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

Posted by & filed under International Negotiation.

negotiate

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 

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Building Trust in Negotiations

Posted by & filed under Dealmaking.

building trust in negotiations

Adapted from “Strike the Right Balance Between Trust and Cynicism,” by Harvard Business School professor Max H. Bazerman, first published in the Negotiation Briefings newsletter.  Negotiators often must choose between trusting their counterparts and being cynical of their motives. The consequences of such decisions can be serious in dealmaking: trust too much, and you’ll lose big; … Read More 

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Probation Games

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Lawrence Susskind and Susan Podziba A set of three simulations developed for and used in training court probation officers in negotiation techniques. … Read More 

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Hans Brandt

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Jeswald W. Salacuse, Program on Negotiation (2003) Hans Brandt is a short film which presents a dramatized problem for use in courses on negotiation, conflict resolution, management, or leadership. The brevity of the film and the richness of the teaching notes make the film highly adaptable for use in a variety of classroom settings. … Read More 

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5 Tips for Improving Your Negotiation Skills

Posted by & filed under Negotiation Skills.

improving your negotiation skills

The prospect of boosting our negotiation skills can be so overwhelming that we often delay taking the necessary steps we can follow to improve, such as taking time to prepare thoroughly. The following five guidelines will help you break this daunting task into a series of manageable—and often essential—strategies. … Read More 

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Indopotamia

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Catherine M. Ashcraft under the supervision of Professors Lawrence Susskind and Shafiqul Islam … Read More 

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Coping with International Conflict A Systematic Approach to Influence in International Negotiation

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This text combines the clear, concise, and proven principles and practice of conflict management from Fisher’s bestselling Getting to Yes with the newest problem-solving approaches to international relations. Many of the concepts grew out of materials Fisher and his colleges use in their international consulting work to teach problem-solving and conflict management skills to diplomats … Read More 

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Saving the Last Dance

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Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin A mediation training video illustrating the non-caucus “Mediation through Understanding” model … Read More 

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Teach Your Students Value Distribution with a Simulation on Solar Power

Posted by & filed under Teaching Negotiation.

Value Distribution

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 

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Women Negotiate

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Deborah M. Kolb, with the Simmons College Graduate School of Management, and the Program on Negotiation at Harvard Law School An exploration of the issue of gender in negotiations, featuring interviews with three professional women negotiators … Read More 

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Best Negotiators in History: Nelson Mandela and His Negotiation Style

Posted by & filed under International Negotiation.

best negotiators in history

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

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Robyn & Luis

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Jeswald W. Salacuse A short dramatized problem regarding a dispute between two corporate officers over the best way to improve company profitability … Read More 

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Rebuilding the World Trade Center Site

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Lawrence Susskind A group of legal, business, and dispute resolution professionals negotiate a six-person, facilitated role simulation regarding the reconstruction of the World Trade Center site in New York City, following the 9/11/2001 terrorist attacks … Read More 

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

Posted by & filed under International Negotiation.

international negotiation

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 

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Negotiation Pedagogy Video Series, Part III

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Sheila Heen and Melissa Manwaring An unscripted video showing an experienced negotiation instructor running and debriefing the “Oil Pricing” exercise, interspersed with excerpts from a post-workshop interview with the instructor … Read More 

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What is BATNA?

Posted by & filed under BATNA.

BATNA

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

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Negotiation Pedagogy Video Series, Part II

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Lawrence Susskind and Melissa Manwaring An unscripted video showing an experienced negotiation professor teaching an executive education session through the running and debriefing of the Teflex Products role simulation, interspersed with instructor commentary … Read More 

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Negotiating with Millennials – How to Overcome Cultural Differences in Communication

Posted by & filed under Business Negotiations.

negotiating

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. … Read More 

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Negotiation Pedagogy Video Series, Part I

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Professor Michael Wheeler An unscripted video showing an experienced negotiation professor teaching a complete class session through role simulation debrief, video, and discussion, interspersed with instructor commentary … Read More 

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Win-Win Negotiation Techniques: Create Value with Rivals

Posted by & filed under Win-Win Negotiations.

win win negotiation

Even experienced negotiators often make the mistake of treating important talks as a win-lose negotiation. Overlooking effective win-win negotiation techniques, they focus on trying to claim as much value as they can without trying to create new sources of value. It’s also the case that competitors in a given market or field may fail to recognize … Read More 

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Negotiation of a Commercial Lease

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The Program on Negotiation An unscripted video showing two different pairs of real estate professionals negotiating the terms of a commercial lease … Read More 

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Using Body Language in Negotiation

Posted by & filed under Negotiation Skills.

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 

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What is the Multi-Door Courthouse Concept

Posted by & filed under International Negotiation.

multi-door courthouse

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 

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Oil Pricing Exercise

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Roger Fisher Two-team, scoreable, multiple round, “prisoner’s dilemma”-style negotiation between representatives of two countries over the monthly price for barrels of oil. … Read More 

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Negotiation Team Strategy

Posted by & filed under Negotiation Skills.

negotiation team

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 

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Mediation Lecture Video Series

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Sarah Cobb and Lawrence Susskind Three videos featuring guest lecturers from the “Mediation and Other Facilitative Roles in Dispute Resolution” seminar, offered by the Program on Negotiation: … Read More 

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Negotiation Styles for Win-Win Negotiations

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negotiation styles

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 

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Lawyers & Clients

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Robert H. Mnookin and Susan Hackley An illustration of interviewing and listening techniques appropriate for lawyer-client interviews, featuring Harvard Law School Professor Robert Mnookin … Read More 

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In the Shadow of the City

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Michael Wheeler A simulated mediation between an aid worker and a project funder, featuring Getting to YES co-author Bruce Patton as the mediator … Read More 

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HackerStar Negotiation, The

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Morgan Guaranty Trust Company Realistic video depicting the use of principled negotiation to prepare for and negotiate a bitter business dispute, featuring Getting to YES co-author Roger Fisher … Read More 

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Great Negotiator 2004: Ambassador Richard Holbrooke

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Edited by James K. Sebenius and Ellen Knebel Video featuring Ambassador Richard Holbrooke discussing his role brokering the Dayton agreement that ended the 1992-95 war in Bosnia as well as his role in resolving the multinational dispute over U.S. dues owed in arrears to the United Nations … Read More 

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Great Negotiator 2003: Stuart Eizenstat

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Edited by James K. Sebenius Video featuring excerpts from a discussion with Stuart Eizenstat regarding his efforts negotiating reparations for victims of Nazi Germany … Read More 

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Will You Avoid a Negotiation Impasse?

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negotiation

In the summer of 2016, Illinois became the only U.S. state in the past 80 years to go an entire year without a full operating budget, according to Reuters. It reached that dubious milestone thanks to an epic negotiation impasse between Republican governor Bruce Rauner and the Democratic-controlled state legislature. The story of the negotiation … Read More 

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Great Negotiator 2002: Lakhdar Brahimi

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James Sebenius and Kristen Schneeman Video featuring excerpts from a discussion with Ambassador Lakhdar Brahimi regarding his international negotiation experiences, including negotiating a new government for Afghanistan in 2002 … Read More 

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The Benefits of Coalitions at the Bargaining Table

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coalitions

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 

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Good Offices in a War-Weary World

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Michele Ferenze, Executive Producer An exploration of the role of “good offices” providers in long-standing, complex conflicts … Read More 

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How to Negotiate in Cross-Cultural Situations

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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 

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How to Renegotiate a Bad Deal

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Renegotiate

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 

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A Conversation with the Founders

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Susan Hackley and Eleanor Jewett Seven of the Program on Negotiation’s founders reflect on PON’s beginnings twenty years earlier, and on their own journeys as leaders in the field that they helped to create … Read More 

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5 Types of Negotiation Skills

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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 

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When Talk Works Profiles of Mediators

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When mediator Jimmy Carter talks, world leaders listen. When violence erupts in a public housing project, Linda Colburn mediates for peace. And when attorney William Hobgood intervenes to resolve a labor dispute, he saves workers and management the economic and emotional costs of litigation. When Talk Works goes behind the scenes with accomplished mediators to show … Read More 

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5 Dealmaking Tips for Closing the Deal

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dealmaking

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 

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Studies in International Mediation

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Studies in International Mediation brings together a number of the most prominent scholars in the field of international relations and conflict management to consider the uses of mediation in international conflict resolution. Edited by Jacob Bercovitch, the volume highlights three major themes: the reasons mediation succeeds or fails, the range and diversity of mediation as … Read More 

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5 Conflict Resolution Strategies

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conflict resolution

Whether a conflict erupts at work or at home, we frequently fall back on the tendency to try to correct the other person or group’s perceptions, lecturing them about why we’re right—and they’re wrong. Deep down, we know that this conflict management approach usually fails to resolve the conflict and often only makes it worse. … Read More 

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Strategic NegotiationsA Theory of Change in Labor-Management Relations

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Labor-management relations have changed dramatically in recent years. Global competition and related economic, technological, political, and institutional changes have forced the collapse of the traditional social compact—based on steadily increasing wages and benefits for workers in exchange for unchallenged managerial autonomy—underpinning the U.S. labor market. In today’s competitive environment, managers can no longer afford the … Read More 

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Smart Money DecisionsWhy You Do What You Do With Money (And How to Change for the Better)

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In Smart Money Decisions, a renowed expert in the field of decision-making and negotiation shows how and why we make the decisions we do. Professor Bazerman offers an intriguing audit of people’s psychological relationship with money, providing essential understanding that will help readers identify their own approaches to finances, recognize any inherent problems, and determine … Read More 

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Resolving Environmental Regulatory Disputes

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Rules and regulations set by government agencies are meant to protect the environment, but they often impose hardships on the very companies and communities they are designed to protect. These groups then seek to minimize the losses through long and costly litigation. In this volume, professors Susskind, Bacow and Wheeler offer an alternative to expensive and … Read More 

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Ethics and Negotiation: 5 Principles of Negotiation to Boost Your Bargaining Skills in Business Situations

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Negotiation

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. … Read More 

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Renegotiating Health Care Resolving Conflict to Build Collaboration

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The working assumptions that guided health care for years are being renegotiated. Clinical practice, organizational policy, and professional relationships are shifting. How do we negotiate to manage these changes? Renegotiating Health Care offers a valuable bridge between the growing field of negotiation and conflict resolution and the many changes facing health care. Four health care leaders-representing … Read More 

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Must-Read Negotiation Books for 2019

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negotiation

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: … Read More 

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What to Do When Your BATNA is Not Good Enough

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BATNA

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? … Read More 

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Rational Games A Philosophy of Business Negotiation from Practical Reason

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When two rational players face off in a business negotiation, why do they settle for less than each of them could and should get? Each pursues his or her interests as theory dictates, but often the result is less than optimal. Young proposes that the root of the problem lies in the philosophical assumptions underlying … Read More 

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Download Your Next Mediation Video

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Negotiation Videos

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 

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Negotiations and Change From the Workplace to Society

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Managing change involves negotiation. Recognition of the interdependence between negotiations and change in the workplace and society has led to an explosion of research, writing and teaching on these topics. In 1965, Richard Walton and Robert McKersie laid the analytical foundation for much of this activity and innovation in negotiation practice with their landmark study, … Read More 

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Distributive Bargaining Strategies

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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 

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Negotiation Theory and Practice

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The past several years have witnessed a dramatic increase in the study and practice of negotiation. Through our association with Negotiation Journal and the Program on Negotiation at Harvard Law School, we have been privileged to witness, and be part of, this growth process. The collection of edited articles presented here, though by no means … Read More 

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The Hidden Hazards of BATNA Development

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BATNA

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. … Read More 

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Negotiation Eclectics Essays in Memory of Jeffrey Z. Rubin

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In memory of one of the founders of the Program on Negotiation, this collection of essays covers a variety of negotiation topics: culture and negotiation, power dynamics within negotiation, psychological traps, mediation, psychoanalysis and negotiation, and negotiation pedagogy. The distinguished authors, members of many academic disciplines and professional institutions, came together in a conference held … Read More 

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Negotiation Strategies for Mutual Gain

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This volume is a collection of essays which present key concepts and strategies intended to promote effective negotiation and mutually beneficial dispute resolution. This book is for people in all fields who need to deal with conflict and resolve issues on a continual basis. The book assumes that conflicts, managed well, can provide the impetus … Read More 

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Conflict Management and Negotiation: Personality and Individual Differences That Matter

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negotiation

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 

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Negotiating Rationally

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On the basis of their studies of the negotiation behavior of more than 10,000 executives and students over the past five years, Bazerman and Neale conclude that most managers tend to behave irrationally in negotiations. In this book they explore many of the common mistakes that negotiators often make, explaining how such irrational errors can … Read More 

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Negotiate Organizational Development

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integrative negotiations

Teach Your Students to Promote Organizational Development and Build Leadership Skills Efforts to impact change in any kind of organization usually involve multiple kinds of negotiations or consensus-building efforts. Organizational development is most effective when the participants in the organization, whether public, private or civil society, are directly engaged in deciding what might need to change, … Read More 

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Changes to the TNRC Order Process

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arbitration agreement

Check Out These Exciting Changes to the Order Process for the TNRC Starting on March 5th, the Teaching Negotiation Resource Center (TNRC) will be implementing some updates to the process of ordering teaching materials to make getting your materials faster.  

Shipping Charge Automation – for anyone ordering hard-copy materials, we will be introducing shipping charge automatic calculation … Read More 

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Corporate Negotiation Pitfalls: The Case of Facebook

Posted by & filed under Business Negotiations.

corporate negotiation

In corporate negotiation, negotiators often care most about getting the best price possible, assessing the other party’s ability to follow through, and closing the deal. Unfortunately, such business preoccupations can lead dealmakers to overlook potential ethical concerns, as current negotiations in the news often attest. Examining some of Facebook’s recent corporate negotiation mistakes, we describe … Read More 

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Must We Fight? From the Battlefield to the Schoolyard – A New Perspective on Violent Conflict and Its Prevention

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In this book, William Ury (director of the Global Negotiations Initiative at the Program on Negotiation at Harvard Law School) and a panel of experts from several scientific disciplines challenge the commonly held notion that violence is “human nature.” Must We Fight? presents new research and insights into human nature which demonstrate that humankind is … Read More 

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Value Claiming in Negotiation

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value claiming

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

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Manager as Negotiator (The)Bargaining for Cooperation and Competitive Gain

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This fine blend of Harvard scholarship and seasoned judgment is really two books in one. The first develops a sophisticated approach to negotiation for executives, attorneys, diplomats – indeed, for anyone who bargains or studies its challenges. The second offers a new and compelling vision of the successful manager: as a strong, often subtle negotiator, … Read More 

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