When it comes to dispute resolution, there are so many choices available to us. Understandably, disputants are often confused about which process to apply to their situation. This article offers some guidance.
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Discover step-by-step techniques for avoiding common business negotiation pitfalls when you download a copy of the FREE special report, Business Negotiation Strategies: How to Negotiate Better Business Deals, from the Program on Negotiation at Harvard Law School.
negotiations
The following items are tagged negotiations:
BATNA Examples—and What You Can Learn from Them
What are BATNA examples in negotiation? In their bestseller Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton (Penguin, 1991) described BATNA, or best alternative to a negotiated agreement, as the path you’ll follow if you don’t reach agreement in your current negotiation.
… Read BATNA Examples—and What You Can Learn from Them
Negotiation Team Strategy
Some negotiations are simple enough to handle on our own, but those deals are increasingly rare in the business world. These days, to thrive in negotiation, you often need to be able to work effectively as part of a negotiation team.
… Read Negotiation Team Strategy
Dispute Resolution on Facebook: Using a Negotiation Approach to Resolve a Conflict
For several years, Facebook has been working with social scientists to bring traditional methods of dispute resolution to cyberspace. The site has begun to offer users tools to resolve disputes with one another over offensive or upsetting posts, including insults and photos.
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How Does Mediation Work in a Lawsuit?
No one likes to go to court. Not only is it expensive and time-consuming, but it often leads to frustrating results and damaged relationships. So, how does mediation work in a lawsuit and is legal mediation a better route?
… Read How Does Mediation Work in a Lawsuit?
Deal-Making Don’ts: Lessons from Yahoo’s Tumblr Acquisition
On May 19, 2013, internet company Yahoo announced it was purchasing the blogging service Tumblr for about $1.1 billion in cash. The acquisition was intended to put a fresh face on the aging Internet company and provide it with a profitable revenue source. But those plans didn’t play out: In August 2019, Tumblr was bought … Read More
In Business Negotiations, Patience Is a Virtue
In business negotiations, we often face pressure to reach quick results. But as illustrated in a new negotiation podcast, wise dealmakers wait until conditions are right to negotiate.
… Read In Business Negotiations, Patience Is a Virtue
Collective Bargaining Negotiations and the Risk of Strikes
Collective bargaining negotiations help level the playing field between individual employees and management by enabling employees to organize and find strength in numbers. But when collective bargaining negotiations fall apart, the result can be a devastating strike.
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Understanding Exclusive Negotiation Periods in Business Negotiations
The clearest method for achieving exclusivity in negotiation is an exclusive negotiation period during which both sides agree not to talk to third parties, even if approached unexpectedly by others. In some arenas, these terms are called no-talk periods.
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How to Renegotiate a Bad Deal
Think you have some stories from trying to renegotiate? Try this one on for size. Many viewed the deal to be a terrible one from the start. Back in December 2008, Richard M. Daley, then Chicago’s mayor, announced that his administration had agreed to lease the city’s parking meters for 75 years to a private company … Read How to Renegotiate a Bad Deal
Career Negotiations and the Pay Gap
While salary negotiations may play a role in the persistent gender wage gap, differences in men’s and women’s career paths have a larger effect. Harvard Kennedy School professor Hannah Riley Bowles explains why.
… Read Career Negotiations and the Pay Gap
Managing Emotions in Negotiation: Teaching Students to Turn Emotions into an Opportunity for Mutual Gain
How do you move from an emotionally charged moment in a negotiation to a mutually beneficial agreement? In negotiations of all types, whether buying a house or negotiating a company acquisition, emotions naturally manifest. Left unaddressed, emotions can derail a negotiation and make agreement seem impossible.
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Cross-Cultural Communication in Business Negotiations
When preparing for cross-cultural communication in business negotiations, we often think long and hard about how our counterpart’s culture might affect what he says and does at the bargaining table.
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Ethics in Negotiations: How to Deal with Deception at the Bargaining Table
You say you would never lie during a negotiation. Your ethical standards are solid—right? Ethics in negotiations are an important subject. Learn how ethics in negotiations can change results at the bargaining table.
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Using Conflict Resolution Skills: Trying to Forgive and Move Forward
In business negotiations, when a counterpart apologizes for harming or offending you, should you forgive and move forward? What if doing so seems impossible?
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Will You Avoid a Negotiation Impasse?
In the summer of 2016, Illinois became the only U.S. state in the past 80 years to go an entire year without a full operating budget, according to Reuters. It reached that dubious milestone thanks to an epic negotiation impasse between Republican governor Bruce Rauner and the Democratic-controlled state legislature. The story of the negotiation … Read Will You Avoid a Negotiation Impasse?
10 Notable Negotiations of 2021
Looking back at our list of 10 Notable Negotiations of 2021, which includes a few bargaining highs amid the many lows. Challenged by pandemic-era uncertainty, mounting political divides, and other obstacles, negotiators had difficulty coming together in 2021.
… Read 10 Notable Negotiations of 2021
In a Price Negotiation, Should You Make the First Offer?
Imagine yourself in a dilemma that only a privileged few experience: You’ve fallen in love with a dazzling, one-of-a-kind home that’s on the market without a list price. Instead, the seller’s broker encourages you to name your price. You’re unsure how much to offer—yet desperate to win the prize.
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Four Negotiation Examples in the Workplace That Sought Greater Equity and Diversity
There are a number of infamous negotiation examples in the workplace, but one most notable instance occurred in March 2018, when more than 700 Canadian doctors, residents, and medical students signed an online petition protesting their pay.
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The Two Koreas Practice Conflict Management
In August 2015, the decades-long conflict between South Korea and North Korea threatened to reach a breaking point. The causes of conflict between North and South go deep, but in this case, the South accused the North of planting landmines that seriously injured two South Korean border guards. South Korea retaliated with an old tactic … Read The Two Koreas Practice Conflict Management
Mediation Checklist: 5 Questions to Ask When Hiring Mediators
Are you hiring a mediator? When considering a potential mediator, create a mediation checklist and ask the following questions of those who have worked with him in the past.
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Contract Negotiation Skills: Setting Yourself Up for Success
Our contract negotiation skills need to go beyond getting a great deal in the short term. As failed partnership on Covid-19 vaccine production illustrates, strong safeguards and oversight are needed to ensure long-term success.
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Conflict Management Skills When Dealing with an Angry Public
When negotiators get along well, creative problem solving is easy. When they become upset, however, they seem to forget everything they know about finding joint gain, to the point of giving up tangible wins simply to inflict losses on the other party. This is especially true in high-profile negotiations that turn nasty.
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The Value of Using Scorable Simulations in Negotiation Training
At a Teaching Negotiation Resource Center (TNRC) faculty pedagogy seminar, members of the PON faculty and negotiation community gathered to hear Gordon Kaufman (MIT Morris A. Adelman Professor of Management, Emeritus) speak about how he uses quantifiable data to plot student-learning trajectories. The conversation focused on the ongoing debate within the negotiation pedagogy community regarding the way … Read More
Negotiation in Business: Apple and Samsung’s Dispute Resolution Case Study
For two days in late May 2012, Apple CEO Tim Cook and Samsung CEO Gee-Sung Choi met with a judge in the U.S. District Court of Northern California in an attempt to reach a settlement in a high-profile U.S. patent case, a sobering example of negotiation in business.
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The Negotiation Process in China
With its booming economy and growing international consumer influence, the role of negotiation in international business is more important than ever and negotiation skills appropriate for China are in high-demand. Here are a few negotiation tips to help you successfully navigate your next round of business negotiations in China.
… Read The Negotiation Process in China
How to Deal with Difficult Customers
To hear some salespeople and service representatives tell it, difficult behavior from customers is at an all-time high. Stories of demanding customers proliferate in the press and on social media, while customers likewise complain that their needs increasingly are not being met by companies focused on the bottom line.
… Read How to Deal with Difficult Customers
Managing the “Negotiator’s Dilemma” with Multiple Equivalent Simultaneous Offers
There are two common perspectives on negotiation that can seem at odds, leaving negotiators to decide between these options. But one way around this negotiator’s dilemma is through multiple equivalent simultaneous offers, or MESOs. Consider the following two perspectives on negotiation.
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In the Negotiation Planning Process, to Capture the Force, be Patient
Sometimes the negotiation planning process will take longer than expected to get the best results. The negotiation planning process behind Disney’s acquisition of Lucasfilm suggest the value of long-term planning, trust building, and careful deliberation.
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Negotiation Training: What’s Special About Technology Negotiations?
Executives are increasingly faced with the task of negotiating in a realm that many know little about: technology.
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Five Fundamentals of Negotiation from Great Negotiator Tommy Koh
Negotiation as an art and negotiation as a science: Two fundamentally different statements but one cohesive element binds them together – process.
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Challenges Facing Women Negotiators
Historically, women have faced significant hurdles in employment negotiations. Here’s what we know about these barriers, plus strategies leaders can use to improve fairness in the workplace.
… Read Challenges Facing Women Negotiators
Taylor Swift: Negotiation Mastermind?
What should you do when a negotiation is crumbling? Some people redouble their efforts—conducting more research, holding longer meetings, and scraping together more financing. Others look around for a better deal away from that particular negotiating table—that is, they explore their best alternative to a negotiated agreement, or BATNA. As Matthew Belloni reports for Puck, … Read Taylor Swift: Negotiation Mastermind?
Types of Conflict in Business Negotiation—and How to Avoid Them
Conflict in business negotiation is common, but it doesn’t have to be that way. There are steps we can take to avoid types of conflict and misunderstandings. Often, it helps to analyze the unique causes of conflict in particular negotiation situations. Here, we look at three frequent types of conflict in business negotiations and offer … Read More
Effective Negotiation Strategies for Dealing with Competitors
In the business world, organizations take competition for granted, to the extent that they often overlook opportunities to meet their goals by working with one another. But the benefits of negotiation in business can extend to our dealings with competitors. Recent high-profile negotiations highlight three effective negotiation strategies competitors can use to cooperate and compete.
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Negotiation Skills: Building Trust in Negotiations
Trust in negotiations may develop naturally over time, but negotiators rarely have the luxury of letting nature take its course. Thus it sometimes seems easiest to play it safe with cautious deals involving few tradeoffs, few concessions, and little information sharing between parties. But avoiding risk can mean missing out on significant opportunities. For this reason, … Read More
Implicit and Explicit Bias: When Negotiators Discriminate Based on Race
Both implicit and explicit bias can disadvantage racial minorities at the bargaining table. Here’s what to do about it, keep reading.
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Negotiation Techniques: The First Offer Dilemma in Negotiations
The first offer dilemma in negotiations – should you make the first offer? Few questions related to negotiation techniques and negotiation strategies have yielded more academic attention and debate among practitioners in negotiation research.
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How to Negotiate a Higher Salary after a Job Offer
If you’re wondering how to negotiate a higher salary after a job offer, congratulations: You’re aiming higher than many job candidates ever do. It’s common for prospective employees to accept whatever offer the would-be employer puts forth without negotiating for more. Unless the employer explicitly stipulates that their offers are nonnegotiable, that’s typically a mistake. … Read More
3-D Negotiation Strategy
Here are some negotiating skills and negotiation tactics from 3-D negotiation by James Sebenius and David Lax.
… Read 3-D Negotiation Strategy
10 Hard-Bargaining Tactics to Watch Out for in a Negotiation
Some negotiators seem to believe that hard-bargaining tactics are the key to success. They resort to threats, extreme demands, and even unethical behavior to try to get the upper hand in a negotiation. In fact, negotiators who fall back on hard-bargaining strategies in negotiation are typically betraying a lack of understanding about the gains that … Read More
Power in Negotiation: The Impact on Negotiators and the Negotiation Process
According to Dacher Keltner of the University of California at Berkeley and his colleagues, power in negotiation affects two primary neurological regulators of behavior: the behavioral approach system and the behavioral inhibition system. Powerful negotiators demonstrate “approach related” behaviors such as expressing positive moods and searching for rewards in their environment.
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5 Win-Win Negotiation Strategies
Business negotiators understand the importance of reaching a win-win negotiation: when both sides are satisfied with their agreement, the odds of a long-lasting and successful business partnership are much higher. But concrete strategies for generating a win-win contract often seem elusive. The following five, from experts at the Program on Negotiation at Harvard Law School, … Read 5 Win-Win Negotiation Strategies
What is BATNA? How to Find Your Best Alternative to a Negotiated Agreement
Your BATNA, or the ability to identify a negotiator’s best alternative to a negotiated agreement, is among one of the many pieces of information negotiators seek when formulating dealmaking and negotiation strategies. If your current negotiation reaches an impasse, what’s your best outside option?
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Teaching the Fundamentals: The Best Introductory Negotiation Role Play Simulations
Introductory negotiation courses are taught in law and business schools around the world, but are also increasingly taught to undergraduates and in all types of corporate settings. No matter the context, though, the basic elements of negotiation are roughly similar. Teaching interest-based negotiation, the Zone of Possible Agreement (ZOPA), the Best Alternative to a Negotiated … Read More
Why Negotiations Fail
When we think of failed business negotiations, most of us picture negotiators walking away from the table in disappointment. But that’s only one type of disappointing negotiation. Failed business negotiations also include those that parties come to regret over time and those that fall apart during implementation. The following three types of negotiation failures are … Read Why Negotiations Fail
Relationship-Building in Negotiation
Forging close bonds typically helps negotiators reach better deals, work together effectively over time, and manage conflict—yet negotiators often rush through the process of relationship-building in negotiation. Here’s advice on how to approach this important aspect of negotiation more methodically.
Overcome Partisan Perceptions
An unconscious bias often gets in the way of relationship-building in negotiation: partisan perceptions, or … Read Relationship-Building in Negotiation
Should You Negotiate a Job Offer?
Should you negotiate a job offer? It’s a question that torments many job candidates—yet according to new research, the answer is crystal clear.
… Read Should You Negotiate a Job Offer?
Asynchronous Learning: Negotiation Exercises to Keep Students Engaged Outside the Classroom
Asynchronous role-play simulations teach valuable negotiation skills outside of a typical class format.
Asynchronous learning is a term used to describe education, instruction, or learning that does not occur in the same time or place. Asynchronous learning uses resources that facilitate knowledge sharing outside the constraints of time and place among a group of people. Using … Read More
Redevelopment Negotiation: The Challenges of Rebuilding the World Trade Center
In the wake of the destruction of the World Trade Center more than 20 years ago in New York City, there were difficult questions and challenges facing those who were involved in the redevelopment negotiation. For instance, how do we build consensus around complex solutions when there are emotionally charged issues at stake?
The Teaching Negotiation … Read More
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BATNA
- Business Negotiations
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- Crisis Negotiations
- Crisis Communication Examples: What’s So Funny?
- Crisis Negotiation Lessons: The U.S.-Russia Prisoner Swap
- Negotiating Change During the Covid-19 Pandemic
- Famous Negotiations Cases – NBA and the Power of Deadlines at the Bargaining Table
- Police Negotiation Techniques from the NYPD Crisis Negotiations Team
- Dealing with Difficult People
- Dealmaking
- Dispute Resolution
- What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
- Dispute Resolution on Facebook: Using a Negotiation Approach to Resolve a Conflict
- Conflict Negotiation Strategies: When Do Employees Choose to Negotiate?
- What is Dispute System Design?
- Top 10 Dispute Resolution Skills
- International Negotiation
- Leadership Skills
- Mediation
- Mediation Checklist: 5 Questions to Ask When Hiring Mediators
- Negotiation Research on Mediation Techniques: Focus on Interests
- What Makes a Good Mediator?
- Interest-Based Negotiation: In Mediation, Focus on Your Goals
- Employee Mediation Techniques – Resolve Disputes and Manage Conflict with These Mediation Skills
- Negotiation Skills
- Negotiation Training
- Collaborative Negotiation Examples: Tenants and Landlords
- Ethics and Negotiation: 5 Principles of Negotiation to Boost Your Bargaining Skills in Business Situations
- The Importance of a Relationship in Negotiation
- Negotiation Training: What’s Special About Technology Negotiations?
- Use a Negotiation Preparation Worksheet for Continuous Improvement
- Salary Negotiations
- Teaching Negotiation
- Download Your Next Mediation Video
- Managing Emotions in Negotiation: Teaching Students to Turn Emotions into an Opportunity for Mutual Gain
- The Value of Using Scorable Simulations in Negotiation Training
- Teaching Mediation: Exercises to Help Students Acquire Mediation Skills
- Teaching with Multi-Round Simulations: Balancing Internal and External Negotiations
- Win-Win Negotiations