What is multiparty negotiation? Multiparty negotiations can be incredibly challenging. Just ask the negotiators from over 170 countries who managed to reach agreement back in 2015 on a legally binding accord to combat climate change.
… Read Managing a Multiparty Negotiation 
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.
negotiators
What are Negotiators?
Many people dread negotiation, not recognizing that they act as negotiators on a regular, even daily basis.
Most of us don’t think of ourselves as negotiators, yet we face formal negotiations throughout our personal and professional lives: discussing the terms of a job offer with a recruiter, haggling over the price of a new car, hammering out a contract with a supplier.
Then there are the more informal, less obvious negotiations we take part in daily: persuading a toddler to eat his peas, working out a conflict with a coworker, or convincing a client to accept a late delivery.
Whenever we are trying to reach a goal and need the help of another party who has different preferences, we negotiate. Skilled negotiators can make deals, solve problems, manage conflicts, and build relationships as well as preserve relationships.
As negotiators, success sometimes hinges on our ability to convince someone that our proposed solution would be more beneficial than their option. In his book, Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (without Money or Muscle) (Berrett-Koehler Publishers, 2016), Harvard Business School professor Deepak Malhotra examines this type of challenge, among many others, as he unveils strategies that negotiators can use in situations where deadlock or conflict seems insurmountable.
Malhotra identifies three important but often-overlooked levers that lead to breakthroughs in even the most difficult negotiations: (1) the power of framing, (2) the power of process, and (3) the power of empathy. By changing how we structure and articulate proposals, looking at process decisions more carefully, and examining other parties’ interests and perspective more methodically, we can overcome stalemate, antagonism, mistrust, and complexity, and clear a path to agreement.
To learn powerful negotiation skills and become a better dealmaker and leader, download 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.
The following items are tagged negotiators:
Negotiation Essentials Online — November 5–6, 2025
NEGOTIATION ESSENTIALS ONLINE NOVEMBER 5–6, 2025
Program Agenda DAY 1: Wednesday, November 5, 2025 GETTING STARTED MORNING: Module 1: Preparing to Negotiate 9:00 a.m. – 12:30 p.m. ET Examine core frameworks of negotiation, including the importance of principled bargaining and shared problem-solving. Alongside your fellow participants, you will:
Learn the elements of negotiation
Receive useful advice on preparing for negotiations
Start to shift to thinking systematically about … Read More
Negotiation Essentials Online (NEO) November 2025 Program Guide
Regardless of your industry, organization, or title, if you are a goal-focused and ambitious individual who is moving up the career ladder and taking on new responsibilities, Negotiation Essentials (NEO) is just the program to get you started.
Negotiation is a discipline, with its own concepts and skills to be practiced and mastered. At the Program … Read More
Managing Difficult Negotiators
In negotiation, we are often confronted with the task of dealing with difficult people—those who seem to prefer to set up roadblocks rather than break down walls, or who choose to take hardline stances rather than seeking common ground. If you’re skilled in BATNA negotiations, you’ll have an easier time dealing with such people.
… Read Managing Difficult Negotiators
Negotiating in Uncertain Times: Turning Disruption into Opportunity
Bonus day for October Negotiation and Leadership program.
This one-day program is designed for individuals who are responsible for leading negotiations on behalf of their organization and want to be proactive in turning disruption and uncertainty into opportunities.
… Read More
Negotiation Master Class May 2025 Program Guide
Over the years thousands of professionals have participated in negotiation programs at the Program on Negotiation (PON) at Harvard Law School. And after a few months or years of putting their negotiation skills and techniques to work, participants inevitably ask us, what’s next?
… Read Negotiation Master Class May 2025 Program Guide
Everyday Negotiation Situations: Should You Negotiate Service Fees?
Imagine that you’re about to hire someone to provide a service—say, to repair your leaky roof, design a new website for your business, or host an online event. In such everyday negotiation situations, when you receive a price quote, should you try to negotiate a better deal?
… Read More
Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – May 5–7, 2025
Strictly limited to participants who have completed a prior course in negotiation, this first-of-its-kind program offers unprecedented access to experts from Harvard Law School, MIT, and the Harvard Kennedy School—all of whom are committed to delivering a transformational learning experience.
… Read More
Make the Most of Online Negotiations
We said goodbye to breakfast meetings, client lunches, and after-work happy hours. Goodbye to handshakes, fist bumps, and pats on the back. Goodbye to the boots-on-the-ground sales game as we knew it, and hello to Zoom calls and text messaging.
To make matters even more difficult, the economy started to trend downwards—and so did the … Read Make the Most of Online Negotiations
Negotiation in Business: Starbucks and Kraft’s Coffee Conflict
Sometimes even the best agreements arising out of negotiation in business and are liable to failure and such is the case with the dispute between food giants Starbucks and Kraft (now Kraft-Heinz).
… Read More
Beyond the Back Table: Working with People and Organizations to Get to Yes
NEW ONLINE PROGRAM! BEYOND THE BACK TABLE: WORKING WITH PEOPLE AND ORGANIZATIONS TO GET TO YES February 25–26, 2025 | 9:00 a.m. – 5:00 p.m. ET
Go Beyond the Back Table
In this two-day online course, you will step back to look beyond the negotiating table and discover how to understand and manage the individuals and groups who are not … Read More
Managing Multiparty Negotiations
If you’re in a negotiation with many parties who have varying positions, it may be tempting to join a coalition with parties who share at least some of your goals. But should you join one?
… Read Managing Multiparty Negotiations
Collaborative Negotiation Examples: Tenants and Landlords
In the best of times, negotiators brim with resources, energy, and optimism, which inspire collaboration and creativity. In the worst of times, negotiators are so stressed and fearful that they can be distrustful and rigid.
… Read More
Beyond the Back Table: Working with People and Organizations to Get to Yes
NEW ONLINE PROGRAM! BEYOND THE BACK TABLE: WORKING WITH PEOPLE AND ORGANIZATIONS TO GET TO YES March 13-14, 2024 | 9:00 a.m. – 5:00 p.m. ET
Go Beyond the Back Table
In this two-day online course, you will step back to look beyond the negotiating table and discover how to understand and manage the individuals and groups who are not … Read More
Getting the Deal Done
Negotiation is one of the most complex yet important skills to learn. Even individuals who are “born negotiators” need to practice and acquire new strategies to get some deals done. In Getting the Deal Done, you’ll discover bargaining strategies that have been used by many of the world’s most successful leaders.
… Read Getting the Deal Done
Is Humor in Business Negotiation Ever Appropriate?
Have you ever wondered if humor in business negotiation is appropriate, and when? We spoke with Alison Wood Brooks, O’Brien Associate Professor of Business Administration and Hellman Faculty Fellow in the Negotiation, Organizations & Markets Unit at Harvard Business School to find out.
… Read More
Negotiation Workshop: Improving Your Negotiating Effectiveness
Course Dates: This course is closed
Too many negotiators leave value on the table. They painfully divide a small pie after a costly battle while failing to capture offsetting opportunities for joint gain, or win the battle, but at the cost to relationships and reputation that limit long-term value. Reliably negotiating optimal outcomes requires a keen … Read More
BATNA Basics: Boost Your Power at the Bargaining Table
Perfect your negotiation skills in this free special report, BATNA Basics: Boost Your Power at the Bargaining Table from Harvard Law School.
… Read More
New Simulation: International Business Acquisition Negotiated Online
New from the Teaching Negotiation Resource Center (TNRC), Ren the Robot is a one-and-a-half hour, two-party, multi-issue negotiation between a Tokyo-based robotics company, Grubotics, and a U.S.-based tech company, Delivered, over a potential acquisition deal. It is designed to be conducted using online video conferencing. The use of online video conference technology highlights the conveniences … Read More
Business Negotiation Strategies: How to Negotiate Better Business Deals
Written by some of the nation’s foremost experts in negotiation, Business Negotiation Strategies: How to Negotiate a Better Business Deal gives you the tools you need to navigate even the stickiest business deals.
… Read More
Conflict Styles and Bargaining Styles
What type of bargainer are you? Many negotiation strategies are “one size fits all,” but our unique personalities and life experiences will shape how we carry out and react to such strategies. Familiarity with popular models of conflict styles and bargaining styles can help us better understand and work with our own proclivities and … Read Conflict Styles and Bargaining Styles
Business Crisis Management: Crisis Communication Examples and How to Use Police Negotiation Techniques
In this free special report negotiation experts offers advice on how to turn crisis situations into collaborative negotiations. Throughout the report, you will discover how to apply the lessons of professional hostage negotiators, avoid disasters through careful planning, diffuse tensions with angry members of the public, and break through impasse with open communication.
… Read More
Negotiating with Difficult Personalities and “Dark” Personality Traits
Have you ever found yourself negotiating with difficult personalities, or negotiating with someone who seemed entirely ruthless and lacking in empathy? From time to time, we may end up in the deeply unsettling position of negotiating with someone who appears to have no concern for us or our outcomes.
… Read More
The New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation
This report reveals how wise negotiators extract unexpected value using an indirect approach to conflict management. An aggressive management style can set you up for repeated failure. Direct conflict management approaches can be overly combative and counter-productive. Experienced negotiators know that compromise seldom succeeds. Win/lose is really lose/lose. The best negotiation strategy results in … Read More
Strategies to Resolve Conflict over Deeply Held Values
In negotiation, when deeply held beliefs and principles are at stake, typical strategies to resolve conflict may fail, whether in family conflict scenarios or in business. These three tailored strategies to resolve conflict over core values can help.
… Read More
Dealing with Difficult People
Top help you handle difficult people, our free, special report Dealing with Difficult People is packed full of concrete tips and strategies. Discover how to collaborate, negotiate, and bargain with even the most combative opponents.
… Read Dealing with Difficult People
Negotiation Logistics: Best Practices for Better Deals
Negotiators are often so intent on preparing for the substance of a negotiation—researching the other party, analyzing their alternatives, and so on—that they neglect to devote adequate time to critical negotiation logistics, such as where to negotiate, how formal or informal talks should be, and even the shape of the negotiating table.
… Read More
Negotiate Strong Relationships at Work and at Home
The experts and editors from Harvard’s Program on Negotiation offer a sampling of advice to help you learn to foster relationships by building rapport, manage conflict in long-term relationships and negotiate business decisions with family members.
… Read More
What is Crisis Management in Negotiation?
Organizations often establish elaborate business crisis management plans. Through a rapid, centralized response, an organization can shift swiftly and efficiently from day-to-day operations into crisis-management mode, whether that crisis involves a building evacuation, a tumble in the company’s stock price, or a product recall.
… Read What is Crisis Management in Negotiation?
International Negotiations: Cross-Cultural Communication Skills for International Business Executives
In this Special Report, we offer expert advice to help you in international negotiations. You will learn to cope with culture clashes, weigh culture against other important factors, prepare for possible cultural barriers and much more.
… Read More
Are Salary Negotiation Skills Different for Men and Women?
Most negotiators don’t engage in the kinds of high-stakes bargaining we read about in publications such as The Wall Street Journal and The Financial Times, but almost every negotiator will need advanced salary negotiation skills during the course of her career to deal with a scenario that is, in many ways, the definition of a … Read More
Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator
Students who master business negotiation become better leaders. But it starts with building the right skills. And that’s where our latest free report comes in. In Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, you’ll learn:
… Read More
Setting Standards in Negotiations
As the starting point from which all commercial transactions occur, from purchasing equipment to setting salaries, negotiatiosn in business is an essential skill no matter what field a negotiator finds herself. Using an objective standard can strengthen your proposal and eliminate emotional bias.
… Read Setting Standards in Negotiations
Negotiation Strategies for Women: Secrets to Success
Whether you’re a woman or a man, you’ve probably seen gender gaps in the workplace and wondered how to overcome them. In Negotiation Strategies for Women: Secrets to Success, you’ll find critical ways to help women negotiators advance.
… Read More
Should Women “Lean In” to Create More Value in Negotiations?
Back in early 2008, Facebook founder and CEO Mark Zuckerberg began thinking about hiring Sheryl Sandberg, a vice president at Google and a former chief of staff for the U.S. Department of the Treasury, as the social-media company’s new chief operating officer. The two met several nights a week for almost two months to discuss … Read More
What Is the Difference Between Leadership and Management?: Successful Leadership Strategies From Harvard’s Program on Negotiation
In this FREE special report, we offer advice to help you improve your leadership and negotiation skills.
… Read More
Top 10 International Business Negotiation Case Studies
International business negotiation case studies offer insights to business negotiators who face challenges in cross-cultural business negotiation.
… Read More
Sales Negotiations: How to Get To Win-Win
In this Special Report, we offer expert advice to help you close your most important sales negotiations.
… Read Sales Negotiations: How to Get To Win-Win
How to Solve Intercultural Conflict
The question of how to solve intercultural conflict is one of the most difficult ones facing negotiators. Misunderstandings and disputes caused by cultural differences can further complicate already challenging negotiations, whether you are doing business at home, abroad, or online. The following guidelines can help us achieve better results in cross-cultural communication and negotiation.
… Read How to Solve Intercultural Conflict
Team-Building Strategies: Building a Winning Team for Your Organization
Discover how to build a winning team, find an effective negotiation “coach,” budget for negotiations training and boost your business negotiation results in this free special report from Harvard Law School.
… Read More
Does Using Technology in Negotiation Change Our Behavior?
Technology has infiltrated almost every element of our negotiations, as it has almost every aspect of our lives. Negotiation scholars have studied how negotiating via technological media affects the way we negotiate—concluding, for example, that doing business via email can increase misunderstandings and heighten conflict as compared to face-to-face meetings. But the ubiquity of technology … Read More
Win-Win or Hardball?: Learn Top Strategies from Sports Contract Negotiations
In this Special Report, we offer advice from the world of sports to help you navigate your most important negotiations. You will learn to get your head in the game, manage team dynamics, and get a competitive edge.
… Read More
Essential Negotiation Skills: Limiting Cognitive Bias in Negotiation
In past articles, we have highlighted a variety of psychological biases that affect negotiators, many of which spring from a reliance on intuition, and may hinder integrative negotiation. Of course, negotiators are not always affected by bias; we often think systematically and clearly at the bargaining table. Most negotiators believe they are capable of distinguishing … Read More
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?
How to Negotiate in Cross-Cultural Situations
Figuring out how to negotiate in cross-cultural situations can seem like a daunting endeavor, and for good reason. Negotiating across the cultural divide adds an entire dimension to any negotiation, introducing language barriers, differences in body language and dress, and alternative ways of expressing pleasure or displeasure with the elements of a deal. As a … Read How to Negotiate in Cross-Cultural Situations
Using E-Mediation and Online Mediation Techniques for Conflict Resolution
Suppose you want to hire a mediator to help you resolve a conflict that you’re having with an individual or a company, but for various reasons, meeting face-to-face would be difficult. That’s where online mediation comes in.
… Read More
How to Deal with Cultural Differences in Negotiation
When figuring out how to deal with cultural differences in negotiation, it helps to consider the cultural prototypes represented at the bargaining table—but individual differences count, as well.
… Read More
Perspective Taking and Empathy in Business Negotiations
We are often counseled to engage in perspective taking and empathetic understanding to achieve better results in business negotiations, both for ourselves and for our counterparts. Yet perspective taking and empathy are two different skills. Perspective taking is a cognitive ability that involves considering how other people think. Empathy, by contrast, involves emotionally connecting with … Read More
Irrationality in Negotiations: How to Negotiate the Impossible
Negotiators often struggle with the task of bargaining with those who behave rashly, reason poorly, and act in ways that contradict their own self-interest. But as it turns out, behavior that negotiators often view as evidence of irrationality may in fact indicate something entirely different.
… Read More
Mediation and the Conflict Resolution Process
It’s often the case that when two people or organizations try to resolve a dispute by determining who is right, they get stuck. That’s why so many disputes end up in court. There is a better way to resolve your dispute: by hiring an expert mediator who focuses not on rights but on interests—the needs, … Read Mediation and the Conflict Resolution Process
Positional Bargaining Pitfalls
Positional bargaining may sound like business as usual, but it shouldn’t be. In fact, positional bargaining is typically an ineffective way of reaching an agreement for numerous reasons, including the following three, according to the authors of Getting to Yes.
… Read Positional Bargaining Pitfalls
Best Negotiators in History: Nelson Mandela and His Negotiation Style
The late Nelson Mandela will certainly be remembered as one of the best negotiators in history. He was clearly “the greatest negotiator of the twentieth century,” wrote Harvard Law School professor and former Program on Negotiation Chairman Robert H. Mnookin in his seminal book, Bargaining with the Devil, When to Negotiate, When to Fight.
… Read More
The Star Wars Negotiations and Trust at the Negotiation Table
What is negotiation in business? Negotiation research has identified it as a process of building trust and negotiation tactics for building trust at the bargaining table have proven effective in helping negotiators create, and claim, more value out of dealmaking scenarios.
… Read More
Four Negotiation Examples in the Workplace That Sought Greater Equity and Diversity
There are a number of infamous negotiation examples in the workplace, but one most notable instance occurred in March 2018, when more than 700 Canadian doctors, residents, and medical students signed an online petition protesting their pay.
… Read More
What is Negotiation?
Many people dread negotiation, not recognizing that they negotiate on a regular, even daily basis. Most of us face formal negotiations throughout our personal and professional lives: discussing the terms of a job offer with a recruiter, haggling over the price of a new car, hammering out a contract with a supplier.
… Read What is Negotiation?
Cross Cultural Negotiations in International Business: Four Negotiation Tips for Bargaining in China
What special insights do outsiders need to prepare for international negotiations in China? Much of what you know already about negotiation holds true, but four characteristics complicate business negotiation in China.
… Read More
Chatbot Negotiations: What Can AI Do for You?
Seemingly all of a sudden, chatbots like ChatGPT and other forms of artificial intelligence (AI) are becoming ubiquitous in everyday life. These virtual conversation partners can do everything from make dinner reservations to write essays to flirt, if sometimes with unsettling results. No surprise, then, that chatbots are beginning to play a role in our … Read Chatbot Negotiations: What Can AI Do for You?
Win-Win Negotiation: Managing Your Counterpart’s Satisfaction
As the following points of win-win negotiation will demonstrate, ensuring that your counterpart is satisfied with a particular deal requires you to manage several aspects of the negotiation process, including his outcome expectations, his perceptions of your outcome, the comparisons he makes with others, and his overall negotiation experience itself.
… Read More
Contract Negotiations and Business Communication: How to Write an Iron-Clad Contract
In contract negotiations, writing a contract that both encapsulates the negotiated agreement but also incorporates future elements such as the business relationship and the sustainability of the agreement can be a daunting task for even the most experienced negotiators. Executives often leave the legal issues surrounding their deals to their attorneys. While this division of … Read More
Principled Negotiation: Focus on Interests to Create Value
Inexperienced negotiators and even many experienced negotiators tend to assume they have a choice between two main strategies: negotiate in a tough, demanding manner or in a friendly, accommodating manner. In fact, there’s a better, third way of negotiating—one that doesn’t rely on toughness or accommodation, but that will improve your likelihood of meeting your … Read More
Elements of Conflict: Diagnose What’s Gone Wrong
In the heat of conflict, it can be difficult to think rationally about how you got where you are and how you might make things better. But by taking a break to consider the elements of conflict, you can move toward a more rational assessment of the dispute and come up with ways to address … Read More
Salary Negotiations in the NBA and Beyond
In negotiation, one great deal can beget another. For the National Basketball Association (NBA), its stellar 2016 national television contract begat dozens of stellar salary negotiations for top players and even mediocre ones. But after the boom year passed, players’ expectations bounced up against reality. The story, which could repeat itself after the next TV … Read Salary Negotiations in the NBA and Beyond
How to Overcome Cultural Barriers in Communication – Cultural Approximations of Time and the Impact on Negotiations
Some of the most fundamental international negotiation skills to develop are negotiation strategies on how to overcome cultural barriers in communication.
… Read More
Dear Negotiation Coach: What is the Secret to Negotiating with Kids Successfully?
If you’ve ever tried negotiating with kids, you know that you don’t always feel like you have the upper hand. One expert weighs in.
… Read More
How to Negotiate in Good Faith
Have you ever negotiated with someone who seemed intent on sabotaging the negotiation or taking unfair advantage? If so, you would benefit from learning more about what it mean to negotiate in good faith.
… Read How to Negotiate in Good Faith
Salary Negotiation: How to Ask for a Higher Salary
For a new employee, salary negotiation skills can be the most important and the most intimidating, but the most important, of difficult conversations to have at the beginning of your career. A new employee, successfully negotiating a salary offer up by $5,000 could make a huge difference over the course of her career.
… Read More
M&A Negotiation Strategy: Dealing with an Unpredictable Counterpart
In the high-stakes world of mergers and acquisitions (M&As), negotiation missteps can amplify into disasters, and lucky breaks into triumphs. As a result, there is much that business negotiators can learn from stories of M&A negotiation strategy in the news.
… Read More
How to Create Win-Win Situations
In business negotiation, a win-win agreement may be the ultimate goal, but it can sometimes prove elusive. Here, we offer four strategies from experts at the Program on Negotiation at Harvard Law School on how to create win-win situations in even the trickiest negotiations.
… Read How to Create Win-Win Situations
Notable Business Negotiations of 2024
Notable business negotiations and conflict resolution efforts of 2024 include both failed and successful mergers, labor strikes, and AI investments. The Program on Negotiation at Harvard Law School takes a closer look at some of most interesting business negotiations of the year.
… Read Notable Business Negotiations of 2024
When Our Negotiation Goals Hold Us Back
Negotiation goals can help us stay true to our principles. But when our principles lead us astray, destructive impasse can follow, as a negotiation case study illustrates.
… Read When Our Negotiation Goals Hold Us Back
Streaming Toward Win-Win Negotiation: Spotify Upgrades Its Negotiating Strategy
Win-win negotiation proved elusive for Spotify in 2006 negotiations with Taylor Swift. Seeming to have learned from that episode, the streaming service recently negotiated changes to its revenue-sharing model that content providers widely praised.
… Read More
Identify Your Negotiation Style: Advanced Negotiation Strategies and Concepts
Have you ever wondered if your negotiation style is too tough or too accommodating? Too cooperative or too selfish? You might strive for an ideal balance, but, chances are, your innate and learned tendencies will have a strong impact on how you negotiate.
… Read More
Conflict-Management Styles: Pitfalls and Best Practices
People approach conflict differently, depending on their innate tendencies, their life experiences, and the demands of the moment. Negotiation and conflict-management research reveals how our differing conflict-management styles mesh with best practices in conflict resolution.
… Read More
How to Find the ZOPA in Business Negotiations
In business negotiation, two polar-opposite errors are common: reaching agreement when it wouldn’t be wise to do so, and walking away from a mutually beneficial outcome. How can you avoid these pitfalls? Through careful preparation that includes an analysis of the zone of possible agreement, or ZOPA in business negotiations.
… Read How to Find the ZOPA in Business Negotiations
To Achieve a Win-Win Situation, First Negotiate with Yourself
In business negotiations, our actions and reactions often go against creating a win-win situation. Self-examination can help, writes Getting to Yes author William Ury in his book, Getting to Yes with Yourself (and Other Worthy Opponents).
… Read More
Learning from BATNA Examples in Negotiation
How should you decide whether to accept or reject your counterpart’s final offer in negotiation? In their influential book, Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton advise comparing the deal to your BATNA, or best alternative to a negotiated agreement. If the offer is better than the best … Read Learning from BATNA Examples in Negotiation
Dispute Resolution for India and Bangladesh
Sometimes in international negotiation, disputes are left to fester for years, even decades, until parties decide there is something to be gained from reaching agreement. In an example of a cross cultural negotiation case study, the nations of Bangladesh and India seized on an opportunity to push the “restart” button on their bumpy relationship by … Read Dispute Resolution for India and Bangladesh
10 Real-World Negotiation Examples
Real-world negotiation examples can help us learn from the past and avoid repeating others’ mistakes. Here’s a recap of 10 real-world negotiation examples across government and industry that provide negotiation lessons for all business negotiators.
… Read 10 Real-World Negotiation Examples
What Is Distributive Negotiation?
What is distributive negotiation? Distributive negotiation involves haggling over a fixed amount of value—that is, slicing up the pie. In a distributive negotiation, there is likely only one issue at stake, typically price. When you are negotiating with a merchant in a foreign bazaar, or over a used car closer to home, you are generally … Read What Is Distributive Negotiation?
Top International Negotiation Examples: The East China Sea Dispute
Even when negotiators believe they sincerely want to reach an outcome that is fair to all, their perceptions of what constitutes a fair agreement are likely to be self-serving. As a result, they are likely to believe they deserve a greater share of a given resource than an unbiased observer would judge to be fair.
… Read More
Using Principled Negotiation to Resolve Disagreements
Parties can often reach a better agreement through integrative negotiation—that is, by identifying interests where they have different preferences and making tradeoffs among them. If you care more about what movie you see tonight, but your friend cares more about where you have dinner, for example, you can each get your preference on the issue … Read More
Value Creation in Negotiation
Many people say they dread negotiating and avoid it whenever they can. Why? Typically, because they view negotiation as a competition in which one party’s gains come at the expense of the other party.
… Read Value Creation in Negotiation
Dealing with Hardball Tactics in Negotiation
Hardball tactics—such as lies, threats, and insults—can catch us off guard in negotiation and lead us to make poor decisions. Our expert tips on preparing for hardball tactics will help you stay on track.
… Read Dealing with Hardball Tactics in Negotiation
How to Negotiate Salary: 3 Winning Strategies
The question of how to negotiate salary seems to preoccupy negotiators more than any other—and with good reason, considering how dramatically even a small salary increase can impact our lifetime earnings. The following three salary bargaining tips from leading negotiation experts will help you gain more from your new-job negotiations.
… Read How to Negotiate Salary: 3 Winning Strategies
Crisis Negotiation Skills: The Hostage Negotiator’s Drill
Here are some negotiating skills from the world of crisis negotiations: Hostage negotiators stress the importance of discussing the “drill”—goals, ground rules, and operating principles—with their team before beginning talks with a hostage taker.
… Read More
Amazon–Whole Foods Negotiation: Did the Exclusive Courtship Move Too Fast?
In the Amazon–Whole Foods negotiation, an insistence on exclusivity led the two parties to quickly get down to business. But speed may have led them to overlook an important factor: culture.
… Read More
Negotiation Tactics, BATNA and Examples for Creating Value in Business Negotiations
Learning great BATNA examples, or estimations of your best alternative to a negotiated agreement as well as that of your negotiating counterpart, are essential to effective negotiation strategies. When preparing to negotiate, always take time to consider these important questions.
… Read More
What Hostage Negotiations Can Teach Business Negotiators
Hostage negotiations might seem to have little in common with the typical business negotiation. But, in fact, there is much we can learn from them, according to former hostage negotiator George A. Kohlrieser.
… Read More
Taylor Swift’s Negotiation Dream Comes True
For Taylor Swift, the negotiation goal of owning her master recordings was a long time coming. With patience, tenacity, and a win-win negotiation strategy, the superstar forged an ingenious solution.
… Read Taylor Swift’s Negotiation Dream Comes True
Top Ten Posts About Conflict Resolution
Conflict resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Conflict resolution sometimes requires both a power-based and an interest-based approach, such as the simultaneous pursuit of litigation (the use of legal power) and negotiation (attempts to reconcile each party’s … Read Top Ten Posts About Conflict Resolution
Three Questions to Ask About the Dispute Resolution Process
Dispute resolution is often a multistep process that can start with negotiation, move on to mediation, and, if necessary, end in arbitration or litigation.
… Read More
Bargaining Power in Negotiations: Leveling the Playing Field
Powerful negotiators can be formidable opponents. That’s in part because their bargaining power in negotiations—such as a high position in a hierarchy, wealth, or a great BATNA (best alternative to a negotiated agreement)—gives them considerable leverage. In addition, powerful individuals tend to demand more for themselves, in violation of fairness norms. Here’s a closer look … Read More
Women and Negotiation: Narrowing the Gender Gap in Negotiation
Men tend to achieve better economic results in negotiation than women, negotiation research studies have found overall. Such gender differences are generally small, but evidence from the business world suggests that they can add up over time.
… Read More
What is the Multi-Door Courthouse Concept
As a collaboration between UST School of Law and the Program on Negotiation at Harvard Law School, the following is the transcript of a conversation between the creator of the multi-door courthouse, Harvard Law Professor Frank E.A. Sander, and the executive director and founder of the University of St. Thomas (UST) International ADR [Alternative Dispute … Read What is the Multi-Door Courthouse Concept
Six Guidelines for “Getting to Yes”
In their revolutionary book Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 3rd edition, 2011), Roger Fisher, William Ury, and Bruce Patton introduced the world to the possibilities of mutual-gains negotiation, or integrative negotiation. The authors of Getting to Yes explained that negotiators don’t have to choose between either waging a strictly competitive, win-lose … Read Six Guidelines for “Getting to Yes”
Famous Negotiators: Angela Merkel and Vladimir Putin
At a January press conference back in 2015, German chancellor Angela Merkel dangled a carrot in front of Russian president Vladimir Putin: the possibility of a summit in Kazakhstan aimed at easing the Ukraine crisis, to be attended by the two famous negotiators as well as the leaders of France and Ukraine.
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In Negotiation, Is Benevolent Deception Acceptable?
Do you behave as honestly as possible in your negotiations? Do you view honesty as a critical attribute in your negotiation counterparts? You probably answered these questions in the affirmative: Like many of us, you view deliberate deception to be both unethical and risky.
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Managing Cultural Differences in Negotiation
It’s important to educate yourself about your counterpart’s culture so that you don’t risk offending her or seeming unprepared. At the same time, it would be a mistake to focus too narrowly when preparing for cross-cultural communication in business. Research on international negotiation can help us think more broadly when it comes to managing cultural … Read Managing Cultural Differences in Negotiation
How to Negotiate Under Pressure
At the time, it seemed to be an example of coolheaded dealmaking in the midst of disaster. In 2009, hit hard by the 2008 financial crisis and changes in consumer preferences, U.S. automaker Chrysler was on the brink of collapse, and the Treasury Department stepped in to do a deal. In exchange for about $12 … Read How to Negotiate Under Pressure
Gender and Negotiation: New Research Findings
Our assumptions about gender and negotiation are often based on outmoded, inaccurate stereotypes. Recent research reveals how our thinking fails us—and how we might do better.
… Read Gender and Negotiation: New Research Findings
3 Types of Power in Negotiation
Social psychologists have described different types of power that exist in society, and negotiators can leverage these types of power in negotiation as well.
… Read 3 Types of Power in Negotiation
The Importance of Negotiation in Business and Your Career
What are the essential ingredients to getting ahead in the workplace? Hard work, communication skills, and a generous dose of luck all play a role, of course. Another key ingredient—one that is often overlooked—is the ability to recognize and capitalize on opportunities to negotiate for your career success. Why is negotiation in business important? Because … Read More
Negotiation Examples: How Crisis Negotiators Use Text Messaging
In their negotiation training, police and professional hostage negotiators are taught skills that will help them defuse tense situations over the course of long phone calls, such as engaging in active listening, determining the person’s emotions from his or her inflection, and trust building.
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In Negotiation, How Much Do Personality and Other Individual Differences Matter?
Most negotiation advice centers on the mistakes all of us make. But individual differences in personality, intelligence, and outlook could also affect your talks. Imagine how you would approach negotiations with the following people:
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Avoid Bad-Faith Negotiations
Worried about bad-faith negotiations? Here’s how to protect yourself and your organization from wasting time with disingenuous negotiating partners.
… Read Avoid Bad-Faith Negotiations
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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Government Negotiations: The Brittney Griner Case
Government negotiations can be complicated by public scrutiny, competing interests, and the involvement of private-sector negotiators. The U.S. government’s efforts to secure Brittney Griner’s release from Russia highlight all these challenges and more.
… Read Government Negotiations: The Brittney Griner Case
Why First Impressions Matter in Negotiation
Even when not based in reality, the expectation that someone is “tough” or “cooperative” becomes a self-fulfilling prophecy at the bargaining table. When you approach an allegedly tough competitor with suspicion and guardedness, he is likely to absord these expectations and become more competitive.
… Read Why First Impressions Matter in Negotiation
Bargaining in Bad Faith: Dealing with “False Negotiators”
We tend to forget—at our peril—that not everyone at the bargaining table wants to close a deal and may be bargaining in bad faith.
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Ethics and Negotiation: 5 Principles of Negotiation to Boost Your Bargaining Skills in Business Situations
Knowing the norms of ethics and negotiation can be useful whether you’re negotiating for yourself or on behalf of someone else. Each ethical case you come up against will have its own twists and nuances, but there a few principles that negotiators should keep in mind while at the bargaining table.
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Negotiation Skills: Which Negotiating Style Is Best?
Is one negotiation style “better” than another? Most research suggests that negotiators with a primarily cooperative style are more successful than hard bargainers at reaching novel solutions that improve everyone’s outcomes.
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For NFL Players, a Win-Win Negotiation Contract Only in Retrospect?
How did the NFL Players association and team owners come to an eventual win-win negotiated agreement? In this article we explore the strategies each side used to get to an integrative solution even if that was not the ultimate goal.
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How to Use Tradeoffs to Create Value in Your Negotiations
How do expectations of fairness and reciprocity at the bargaining table impact negotiator decisions regarding the strategies and tactics they use during bargaining? Sometimes talks get off on the wrong foot. Maybe you and your partner had a different understanding of your meeting time, or one of you makes a statement that the other misinterprets. … Read More
How Mediation Works When Both Parties Agree They Need Help Resolving the Dispute
Negotiations have reached an impasse, but both sides agree on one thing: you need help resolving the dispute. You engage a neutral mediator to do just that. Rather than acting as a judge who decides who “wins” or “loses,” a third-party mediator assists parties in reaching an agreement.
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Diplomatic Negotiations: The Surprising Benefits of Conflict and Teamwork at the Negotiation Table
Let’s take a look back at the 2008 US presidential election and the win-win coalition forged between Barack Obama and his then-rival, Hillary Clinton. As this example demonstrates, if carefully managed, disagreements and diplomatic negotiations can lead to better results than you might expect.
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Top 10 Dispute Resolution Skills
Too often, dispute resolution can be an acrimonious and unproductive process. The following 10 negotiation and conflict resolution strategies can help you find creative ways to reach mutually satisfactory agreements.
… Read Top 10 Dispute Resolution Skills
Know Your BATNA: The Power of Information in Negotiation
Knowing when to walk away in a negotiation is some of the most powerful information in negotiation a negotiator can bring to the bargaining table – and this means a negotiator should know her BATNA or best alternative to a negotiated agreement.
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How an Authoritarian Leadership Style Blocks Effective Negotiation
Those who favor an authoritarian leadership style, also known as an autocratic leadership style, tend to believe their approach to management is more efficient and decisive than a more collaborative leadership style. But because a top-down approach can heighten the power differential between leaders and those who report to them, it often backfires, generating resentment … Read More
Negotiation Skills for Win-Win Negotiations
A few characteristics of negotiation styles include hard bargaining tactics focused on claiming as much value as possible and integrative negotiation strategies such as value creation or win-win negotiation scenarios. What negotiation styles leads to optimal negotiated agreements and are suitable to win-win negotiations? One skill to cultivate that will have a positive impact on … Read Negotiation Skills for Win-Win Negotiations
Dealmaking Secrets from Henry Kissinger
More than 1,600 international relations experts from across the political spectrum overwhelmingly rate Henry Kissinger, who served under former presidents Richard Nixon and Gerald Ford, the most effective secretary of state of the last half-century. In their book, Kissinger the Negotiator: Lessons from Dealmaking at the Highest Level (Harper, 2018), James K. Sebenius, R. Nicholas … Read Dealmaking Secrets from Henry Kissinger
Dear Negotiation Coach: Should You Say Thank You for Concessions in Negotiations?
While saying thank you is an oft expected social nicety, should you express thanks for concessions in negotiations? The answer is surprising.
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The Mutually Beneficial Agreement Behind the Hit Film Sinners
In the entertainment industry, a mutually beneficial agreement can be hard to find. But filmmaker Ryan Coogler set up a successful one for his Gothic vampire film, Sinners.
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Advanced Negotiation Strategies and Concepts: Hostage Negotiation Tips for Business Negotiators
Upset by a delay in the delivery of one of your products, a longtime buyer threatens to turn to the media unless you meet his extreme demands. Not only is the relationship in jeopardy, but your company’s reputation seems to be as well. What should you do? Turn to some tried and true hostage negotiation … Read More
Aggressive Negotiation Tactics: Threats at the Bargaining Table
Broadly speaking, a threat is a proposition that issues demands and warns of the costs of noncompliance. Even if neither party resorts to them, potential threats shadow most negotiations. A wise threat satisfies your own interests and targets the other side’s interests. Consider whether the threat will truly help you achieve your broader goals. Issuing … Read More
Dealing with Difficult People: Coping with an Insulting Offer in Contract Negotiations
The following “Ask the Negotiation Coach” question was posed to Dwight Golann, Suffolk University Law School professor and negotiation expert: “I deal with legal disputes and would like to find reasonable solutions without wasting years in court. But my opponents seem to feel compelled to make extreme—actually, insulting—opening offers. How should I respond to these … Read More
4 Sales Negotiation Traps—and How to Overcome Them
Whether you’re planning to put your home up for sale, trying to unload excess merchandise, or searching for new clients, there’s a good chance you’ll make your next sales negotiation more challenging than it needs to be by falling into common cognitive traps. You can improve your sales negotiation skills by learning about four traps … Read More
How Fast-Food Workers Used Alternative Dispute Resolution (ADR) to Demand Higher Wages
Labor unions are the most obvious example of negotiating coalitions. If an individual employee made demands of its employer, the company could threaten to hire someone else.
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5 Conflict Resolution Strategies
Whether a conflict erupts at work or at home, we frequently fall back on the tendency to try to correct the other person or group’s perceptions, lecturing them about why we’re right—and they’re wrong. Deep down, we know that this conflict management approach usually fails to resolve the conflict and often only makes it worse.
… Read 5 Conflict Resolution Strategies
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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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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Reservation Point in Negotiation: Reach Negotiated Agreements by Asking the Right Questions
A reservation point negotiation is a bargaining scenario in which each side is trying to reconcile the other’s highest offer and the other’s lowest price. This negotiation example can apply to many other bargaining situations and demonstrates the value of open communication with your counterpart at the negotiation table.
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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
10 Hard-Bargaining Tactics to Watch Out for in a Negotiation
Some negotiators seem to believe that hard-bargaining tactics are the key to success. They resort to threats, extreme demands, and even unethical behavior to try to get the upper hand in a negotiation. In fact, negotiators who fall back on hard-bargaining strategies in negotiation are typically betraying a lack of understanding about the gains that … Read More
Negotiation 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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Four Conflict Negotiation Strategies for Resolving Value-Based Disputes
In many negotiations, both parties are aware of what their interests are, and are willing to engage in a give-and-take process with the other party to come to agreement. In conflicts related to personal identity, and deeply-held beliefs or values, however, negotiation dynamics can become more complex and require alternative dispute resolution tactics for conflict … Read More
India’s Direct Approach to Conflict Resolution
In our global economy, organizations have unprecedented opportunities to grow by forming partnerships worldwide. Yet when we are negotiating abroad, cultural, language, and other differences can lead to misunderstandings that may eventually spiral into conflicts ranging from labor strikes to lawsuits to broken partnerships that require conflict resolution.
… Read India’s Direct Approach to Conflict Resolution
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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Negotiation Skills: Building Trust in Negotiations
Trust in negotiations may develop naturally over time, but negotiators rarely have the luxury of letting nature take its course. Thus it sometimes seems easiest to play it safe with cautious deals involving few tradeoffs, few concessions, and little information sharing between parties. But avoiding risk can mean missing out on significant opportunities. For this reason, … Read More
The 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
MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table
MESO negotiation, a negotiation strategy for creating value with a counterpart who may be reluctant to negotiate, allows negotiators to propose multiple offers without signaling commitment or preference for any one option. Business negotiators that practice integrative negotiation strategies often complain that although they try to focus on creating value, they run into far too many difficult … Read More
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
How to Negotiate via Text Message
Do you negotiate via text message? If you’re a young person early in your career, there’s a good chance you could easily pull up message strings full of discussions about issues and offers. If you’re a little older, you might have answered no.
… Read How to Negotiate via Text Message
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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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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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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Negotiation Advice: When to Make the First Offer in Negotiation
When or when not to make the first offer in negotiations is a question many expert negotiators ask themselves when approaching business negotiations, real estate transactions, or even interpersonal negotiations with friends and family. In this article drawn from negotiation research, we offer negotiating skills and negotiation tips for when, and when not, to make … Read More
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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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
Ask Better Negotiation Questions
Asking questions can reveal a wealth of valuable information in negotiation. Yet most negotiators do not ask enough questions or share enough information, instead choosing to devote most of their time at the table to arguing or defending their positions.
… Read Ask Better Negotiation Questions
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?
Top 10 Negotiation Skills You Must Learn to Succeed
Increasingly, business negotiators recognize that the most effective bargainers are skilled at both creating value and claiming value—that is, they both collaborate and compete. The following 10 negotiation skills will help you succeed at integrative negotiation.
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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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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
Former Secretary of State Mike Pompeo Calls for U.S. Global Leadership
During a recent talk co-sponsored by the Program on Negotiation at Harvard Law School, former U.S. Secretary of State Mike Pompeo warned that democracy could suffer from U.S. disengagement in global politics.
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Unlocking Cross-Cultural Differences in Negotiation
Cross-cultural differences in negotiation can be particularly challenging. When people from different cultures negotiate, they often feel uncertain about how to act and confused by one another’s statements and behavior. The potential for misunderstandings and conflict is often high as a result.
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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
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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For Professional Negotiators, Three Is a Magic Number
Everything good comes in threes, they say. For storytellers, this means understanding that readers and listeners find a sequence of three things to be memorable, satisfying, and compelling—whether it’s three bears, three little pigs, or three kings. For professional negotiators, sequences of three can be rewarding as well. The following examples of good negotiation skills … Read More
Negotiation Techniques To Get New Business Partnerships Off on the Right Foot
“A huge mistake.” “A shot in the dark.” “An audacious move.” Those are a few of the media’s characterizations of wireless carrier AT&T’s acquisition of media and entertainment firm Time Warner, announced on October 22, 2016, for $85.4 billion.
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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
Negotiation Tools and Techniques: Research Roundup
Recent negotiation research offers negotiation tools and techniques to use in your business negotiations to make strong opening offers, negotiate effectively online, and boost your sense of power.
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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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What is Conflict Resolution, and How Does It Work?
If you work with others, sooner or later you will almost inevitably face the need for conflict resolution. You may need to mediate a dispute between two members of your department. Or you may find yourself angered by something a colleague reportedly said about you in a meeting. Or you may need to engage in … Read More
Four Strategies for Making Concessions in Negotiation
Skilled negotiators know that making strategic concessions at the right time can be an effective tactic in a negotiation. In this article, Deepak Malhotra, a professor at Harvard Business School and PON-affiliated faculty member, suggests four ways to make your concessions work to your best advantage.
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How 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
The Anchoring Bias in Negotiation: Get Ahead with a “Range Offer”
Due to the anchoring bias, the first offer made in a negotiation often has an outsized effect on the outcome. But recent research shows that anchoring with a range offer can have an even bigger impact than a single figure.
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Types of Conflict in Negotiation
There are many types of conflict in negotiation, from the constructive to the destructive. We consider four types of conflict in negotiation that you can learn to prepare for and address.
… Read Types of Conflict in Negotiation
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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Framing in Negotiation
So, you’ve offered what you think is a great deal, but your counterpart doesn’t seem to agree. What’s the problem? The offer may be excellent—it’s how you’ve approached framing in negotiation that’s holding you back.
… Read Framing in Negotiation
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
The Process of Business Negotiation
Negotiators are more satisfied with the outcome of a negotiation when they think the process has been fair, research shows. To maximize satisfaction and build a strong working relationship, don’t leave the process of business negotiation up to chance. Given the importance of negotiation in business communication, you’d be wise to consider the following seven … Read The Process of Business Negotiation
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
What is Anchoring in Negotiation?
What exactly is anchoring in negotiation, and how does it play out at the bargaining table? Consider this anchoring bias example from Harvard Business School and Harvard Law School faculty member Guhan Subramanian. While running a negotiation simulation in one of his classes, Subramanian noticed that one student spent a considerable amount of time explaining … Read What is Anchoring in Negotiation?
Right of First Refusal: A Potentially Win-Win Negotiation Tool
Looking for ways to get more value out of your sales negotiations? You may be able to do so by negotiating a right of first refusal. A right of first refusal, also known as a matching right or right of first offer, is a contractual guarantee that one party to a business deal can match … Read More
Unethical Negotiation Tactics: Are You Prepared for Dirty Tricks?
Unethical negotiation tactics are often difficult to detect at the bargaining table. But with advance knowledge of how they unfold, you can prepare to defuse them.
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When Not to Show Your Hand in Negotiations
Here, we consider four types of information that may be best kept under wraps: sensitive or privileged information, information that isn’t yours to share, information that diminishes your power, and information that may fluctuate during negotiations.
… Read When Not to Show Your Hand in Negotiations
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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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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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
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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Fairness in Negotiation
Imagine that you and your business partner agree to sell your company. You end up getting an offer that pleases you both, so now you face the enviable task of splitting up the rewards. How do you ensure that there is fairness in negotiation?
… Read Fairness in Negotiation
Negotiation Skills in Business Negotiation and Status Consciousness
Before and during your negotiation, think about who you’ve chosen as a reference group against which you measure yourself. Did you select the group purely to enhance your own status, or did you try to make a more appropriate comparison? What are your negotiation skills in business communication?
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Madeleine Albright’s Ways to Avoid Conflict In Negotiation: First, Put Yourself In Their Shoes
When parties can trade on their preferences across different issues, they reduce the need to haggle over price and percentages. But are there ways to avoid conflict in other types of negotiation?
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AI in Negotiation: Seven Lessons
The use of AI in negotiation is ramping up, with intriguing results. MIT professor Jared R. Curhan shares seven lessons that have emerged in practice, education, and research.
… Read AI in Negotiation: Seven Lessons
How to Counter Offer Successfully With a Strong Rationale
In negotiation, some justifications are more persuasive than others, research suggests. And learning how to counter offer in the right way can make significant differences in outcomes.
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Conflict Negotiation Strategies: When Do Employees Choose to Negotiate?
How does the desire to negotiate stack up against other workplace decision-making procedures? Negotiation seems to be the preferred decision-making mechanism when employees are seeking individually tailored solutions.
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Conflict Management and Negotiation: Personality and Individual Differences That Matter
Although Elfenbein and her colleagues did find that negotiators performed at a similar level from one negotiation to the next, to their surprise, these scores were only minimally related to specific personality traits. And traits that are basically unchangeable, such as gender, ethnic background, and physical attractiveness, were not closely connected to people’s scores.
A small … Read More
Dealing with challenging negotiators
Three research studies offer advice on how to cope with counterparts who display varying degrees of difficult behavior.
… Read Dealing with challenging negotiators
Dispute Resolution Example: The Chicago Symphony’s Contract Dispute
A dispute resolution example involving the musicians of the Chicago Symphony Orchestra and management highlights the potential value of involving an influential mediator in negotiations.
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Major Negotiations in History: In Paris Climate Talks, Planning Was Key
Among major negotiations in history, the 2015 Paris climate change talks stood out for their size and complexity. With the United States having exited the Paris Accord—and soon to reenter it—we look at how the facilitators organized chaos.
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Moral Leadership: Do Women Negotiate More Ethically than Men?
A key component of moral leadership is motivating others to live up to their personal ethical standards and those of your organization, even in the face of temptations to behave unethically.
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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
Take your BATNA to the Next Level
If your current negotiation reaches an impasse, what’s your best outside option? Most seasoned negotiators understand the value of evaluating their BATNA, or best alternative to a negotiated agreement, a concept that Roger Fisher, William Ury, and Bruce Patton introduced in their seminal book, Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 1991, second … Read Take your BATNA to the Next Level
How to Negotiate a Business Deal
In late 2016 and early 2017, news stories abounded of companies that were having second thoughts about planned mega-mergers. Abbott Laboratories began looking for ways to exit its acquisition of Alere, citing investigations of the medical test maker, for example. And Verizon started rethinking its acquisition of Yahoo! following a data breach at the tech … Read How to Negotiate a Business Deal
How to Set Negotiation Goals as a Manager
To encourage the negotiators they supervise to do their best, managers routinely rely on performance benchmarks, the promise of bonuses, and other types of goals.
… Read How to Set Negotiation Goals as a Manager
Ripeness Theory in Dispute Resolution: Seizing the Day
The longer a dispute drags on, the less likely a collaborative solution often appears to be. But that view may be pessimistic: At a certain point, the time will be ripe for agreement. A labor dispute between the Minnesota Orchestra’s musicians and management highlights negotiation mistakes that can drive us apart—and ripeness theory suggests how … Read More
International Negotiations: North and South Korea Talks Collapse
On June 12, North Korea and South Korea were supposed to have met in Seoul to explore whether they could get beyond their decades-old divisions and forge a rapprochement. It would have been the highest government dialogue between the divided nations in years.
… Read More
How AI Negotiation Bots Can Deepen Classroom Learning
In the classroom, AI negotiation bots can give students valuable opportunities to role-play negotiations and develop their personal negotiating style, a team of instructors at MIT has found. Here’s how to follow their lead.
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An Example of the Anchoring Effect – What to Share in Negotiation
The prospect of sharing information with a negotiating counterpart can be scary – it can fix your counterpart into a position at the negotiation table you didn’t intend (an example of the anchoring effect).
… Read More
Learning from M&A Negotiation Strategy
Business negotiators across industries can absorb key lessons from mergers and acquisitions (M&A) negotiation strategy—including choosing the right negotiating partners, considering the role of outside parties, and preparing for effective deal implementation.
… Read Learning from M&A Negotiation Strategy
Teaching with Multi-Round Simulations: Balancing Internal and External Negotiations
Whether in business, law, or international diplomacy, many negotiations are actually comprised of a multi-round process with negotiations internal to the organization preceding external ones. Using multi-round negotiation simulations can help students understand the connection between internal and external negotiations, handle more complex scenarios, and better get into their roles. Engaging in a multi-round negotiation … Read More
Dear Negotiation Coach: Making a Deal When You Have Anxiety
One of the issues many negotiators have is anxiety about making a deal. Will it be a fair process? Will you get what you want? Or will you damage a relationship in the process if you’re too aggressive or incompetent? In these situations, you may find that your palms are sweaty, your heart is racing, … Read More
Top Business Negotiations: Apple’s Price-Fixing Defeat
Back in 2007, unhappy with Amazon’s low, flat price of $9.99 for e-books, five major U.S. publishers negotiated a new business model for e-book pricing with Apple, which was getting ready to launch the iPad.
… Read More
Top Negotiation Case Studies in Business: Apple and Dispute Resolution in the Courts
In August 2012, a California jury ruled that Samsung would have to pay Apple more than $1 billion in damages for patent violations of Apple products, particularly its iPhone. The judge eventually reduced the payout to $600 million. In November 2013, another jury ruled that Samsung would have to pay Apple $290 million of the … Read More
Elements of Negotiation Style: Angela Merkel
What is your negotiation style? Some negotiators make a strong impression through bold opening statements and mesmerizing presentations. Others closely observe and gather information before making any decisive moves. Angela Merkel, who chose not to run for reelection in 2021 after nearly 16 years as Germany’s chancellor, has demonstrated the latter type of negotiation style: … Read Elements of Negotiation Style: Angela Merkel
For Business Negotiators, Patience Can be a Virtue
Business negotiators know that persistence and tenacity can make all the difference between impasse and a game-changing breakthrough. Take the saga behind Microsoft’s 2013 announcement of its pending $7.2 billion acquisition of Finnish mobile phone company Nokia’s handset and services business. The two parties engaged in many months of fruitless talks before either side believed … Read More
A Negotiation Preparation Checklist
Without a doubt, the biggest mistake that negotiators make—and one that many make routinely—is failing to thoroughly prepare. When you haven’t done the necessary analysis and research, you are highly likely to leave value on the table and even to be taken advantage of by your counterpart. A negotiation preparation checklist can help you avoid … Read A Negotiation Preparation Checklist
What Makes a Good Mediator?
What makes a good mediator? And how is it that mediators—who themselves lack any power to impose a solution—nevertheless often lead bitter disputants to agreement?
… Read What Makes a Good Mediator?
Cognitive Biases in Negotiation and Conflict Resolution – Common Negotiation Mistakes
Negotiators planning to engage in conflict resolution in a personal or business disputes should be aware of cognitive biases in negotiation, particularly when your dispute is being decided by a judge. Before doing so, you should consider carefully what psychologists, political scientists, and legal scholars have learned about judges from negotiation research and social science: … Read More
The Pitfalls of Negotiations Over Email
Negotiation research suggests that email often poses more problems than solutions when it comes to relationships, information exchange, and outcomes in conflict resolution negotiation scenarios. First, establishing social rapport via email can be challenging. The lack of nonverbal cues and the dearth of social norms regarding its use can cause negotiators to be impolite and … Read The Pitfalls of Negotiations Over Email
Interest-Based Negotiation: In Mediation, Focus on Your Goals
How can you get through to people who seem uninterested in finding common ground? How can you deal with seemingly irrational negotiators who use insults, threats, and other hardball tactics to try to get their way?
… Read More
Alternative Dispute Resolution (ADR) Techniques: Negotiating Conditions
A married couple was debating whether their four-year-old daughter should attend public or private elementary school. It was a difficult issue, and Mike had a tendency to walk out when the conversation got heated. Frustrated, Lisa turned to negotiating terms and conditions just as a negotiator would in a business deal.
… Read More
Now Available: Full Videos from the AI Negotiation Summit
On March 8 and 9, 2025, the Program on Negotiation (PON) convened leading practitioners and scholars on artificial intelligence (AI) and negotiation to present their cutting-edge research and discuss innovations in the field. The summit was also the culmination of a student AI negotiation bot competition, held by MIT. Chaired by Jared Curhan and Jonathan Gratch, the AI … Read More
The Importance of a Relationship in Negotiation
At the negotiation table, what’s the best way to uncover your negotiation counterpart’s hidden interests? Build a relationship in negotiation by asking questions, then listening carefully. Even if you have decided to make the first offer and are ready with a number of alternatives, you should always open by asking and listening to assess your … Read The Importance of a Relationship in Negotiation
Government Negotiations and Beyond: Using Carrots and Sticks Effectively
As two government negotiations highlight, adding issues to a negotiation can bring benefits—but the discussion needs to be expanded.
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BATNA Analysis Can Help You Avoid the Agreement Trap
In both our personal and our business negotiations, “getting to yes” is typically the ultimate goal. Negotiation research and advice tend to focus on identifying the conditions that can help people overcome their differences, relax firm positions, and reach harmonious terms that could lead to a mutually fulfilling long-term relationship.
This mindset risks downplaying the fact … Read More
7 Tips for Closing the Deal in Negotiations
“ABC: Always Be Closing.” That’s the sales strategy that actor Alec Baldwin’s character Blake shared in the 1992 film Glengarry Glen Ross as he tried to motivate a group of real estate salesmen. In his verbally abusive, profanity-laced speech, Blake presented a ruthless model of closing a business deal that ignores customers’ needs and cuts … Read 7 Tips for Closing the Deal in Negotiations
Using Body Language in Negotiation
Negotiation experts typically advise us to meet with our counterparts in person whenever possible rather than relying on the telephone or Internet. As convenient as electronic media may be, they lack the visual cues that help convey valuable information and forge connections in face-to-face talks. Without access to gestures and facial expressions, those who negotiate … Read Using Body Language in Negotiation
Top 10 Notable Negotiations
In 2017, all eyes were on Washington as a president with a reputation as a dealmaker entered the White House. The following negotiations from the past year, both inside and outside of politics, caught our eye due to the broader lessons they offer business negotiators.
… Read Top 10 Notable Negotiations
The Benefits of Coalitions at the Bargaining Table
Labor unions may be the most obvious example of a negotiating coalitions. When a company negotiates with an employee individually, it could threaten to hire someone else in the face of the employee’s demands. By contrast, when employees bargain collectively through a union, they avoid the need to compete against one another (at least on … Read More
Solutions for Avoiding Intercultural Barriers at the Negotiation Table
Even with a common language and the best of intentions, business negotiators from different cultures face special challenges. Try these solutions for avoiding intercultural barriers when preparing for negotiation between two companies from different cultures.
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Power in Negotiation: Examples of Being Overly Committed to the Deal
When you’re more tightly bound to an agreement than your counterpart is, trouble could follow in negotiation. Manage your escalation of commitment—and level the playing field.
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Teach Your Students to Negotiate the Technology Industry
Technology is a pervasive feature of modern life, providing countless benefits ranging from new cancer treatments to smart phones. Especially since the onset of the COVID-19 pandemic, technology has been embedded in many parts of our everyday lives. Technology can also be a source of disruption and is at the root of many disputes. Parties … Read More
The Good Cop, Bad Cop Negotiation Strategy
The good cop, bad cop negotiation strategy is common in sales negotiations and other competitive contexts. Learn to identify and defuse this persuasion ploy when it’s tried on you.
… Read The Good Cop, Bad Cop Negotiation Strategy
Negotiation in International Relations: Finding Common Ground
When thinking of negotiation in international relations, it’s difficult to think of any negotiation with higher stakes than those surrounding nuclear nonproliferation. Often conducted amid international conflict and public scrutiny, complicated by language and cultural barriers, and carried out under tight deadlines, talks aimed at ensuring that nuclear technology is used peacefully and that disarmament … Read More
Negotiation Case Studies: The Bangladesh Factory-Safety Agreements
We can learn a lot from negotiation case studies. On April 24, 2013 an eight-story building in Bangladesh known as Rana Plaza collapsed, killing an estimated 1,129 people, many of them low-wage garment workers who made goods for foreign companies. In the weeks after the disaster, apparel outsourcers faced mounting public pressure to address hazardous … Read More
5 Ways to Be a More Strategic Business Partner
If you’re looking to be a strategic business partner, you need to have your eyes and ears open at all times.
… Read 5 Ways to Be a More Strategic Business Partner
Nelson Mandela: Negotiation Lessons from a Master
Some people learn to negotiate on the job, in a classroom, or in a therapist’s office. In Nelson Mandela’s case, “prison taught him to be a master negotiator,” writes Bill Keller in his New York Times obituary of the legendary activist turned president, who died on December 5, 2013.
… Read Nelson Mandela: Negotiation Lessons from a Master
For Sellers, The Anchoring Effects of a Hidden Price Can Offer Advantages
Imagine yourself in a dilemma that only a privileged few get to experience: You’ve fallen in love with a dazzling, one-of-a-kind home that’s on the market, but it doesn’t have a listing price. Instead, of using the anchoring effects of a high price tag to elicit a strong bid, the seller’s broker is encouraging you … Read More
Dealing with Difficult People – Even When You Don’t Want To
Dealing with difficult people is one of the most unpleasant challenges a negotiator can face. Here’s what to do when a demanding negotiating partner stands in the way of your goals.
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Conflict Resolution in the Ebook Era
New technologies bring new business models—and often, lawsuits follow. Various disputes involving ebooks in recent years highlight the need to approach negotiations carefully so that you can minimize the need for conflict resolution.
… Read Conflict Resolution in the Ebook Era
Dealing with Cultural Barriers in Business Negotiations
If you negotiate regularly on the job, you probably have engaged in multiple business negotiations with counterparts from other cultures. Negotiating across cultural barriers can significantly expand your organization’s reach and bring great rewards. Yet negotiating cross-culturally also can pose challenges, such as these.
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Negotiated Agreements: Why You Should Limit Your Options
A process of finding your counterparts interests and reconciling them with your own. But what if you or your counterpart presents a myriad of options and offers at the negotiation table?
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At the Louvre, a Negotiation Campaign Paints a Fuller Portrait
A negotiation campaign, mounted by curators at the Louvre Museum to bring Leonardo da Vinci paintings to a major 2019 exhibit, proved incredibly complex but, ultimately, rewarding. Here are the key lessons that emerged for negotiators.
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Conflict Resolution Examples in History: Learning from Nuclear Disarmament
What lessons can we learn from conflict resolution examples in history? The world of nuclear nonproliferation can be a valuable place to start, as few negotiations throughout history have had higher stakes.
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Try a Contingent Contract if You Can’t Agree on What Will Happen
In negotiation, all the goodwill, trust, and cooperation you create can seem useless if you and your negotiating counterpart disagree about how future events may play out. In such cases, a contingent contract can be a highly useful, though widely overlooked, tool for creating value in negotiation.
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Overcoming Cultural Barriers in Negotiations and the Importance of Communication in International Business Deals
Communication in negotiation is the means by which negotiators can achieve objectives, build relationships, and resolve disputes. Most negotiators know that it is the most important tool you can have for successful negotiations.
… Read More
A Top International Negotiation Case Study in Business: The Microsoft-Nokia Deal
Let’s look at the international negotiation case study of Microsoft’s decision to purchase Finnish mobile phone company Nokia’s mobile device business for $9.5 billion. The deal, which closed in 2014, quickly proved disastrous: Microsoft wrote off nearly all of the deal’s value and laid off thousands of workers in July 2015. Although there were many … Read More
Contingency Contracts in Business Negotiations
Question: Lately I have been hearing a lot—both in the news and on the job—about companies using contingencies in contracts. Given that I sometimes negotiate deals that entail a lot of risk regarding how future events will play out, I am interested to know how contingencies work and how I might use them.
… Read Contingency Contracts in Business Negotiations
The Hidden Pitfalls of Video Negotiation
It used to be that when negotiating counterparts were located far apart, one side or the other would need to get in a car, train, or plane if the parties wanted to do business face-to-face. These days, you only need to set up a videoconference on an app such as Zoom or Google Hangouts to … Read The Hidden Pitfalls of Video Negotiation
Settling Out of Court: Negotiating in the Shadow of the Law
When disputes arise, negotiators face the difficult question of whether to try to reach a settlement on their own or hand decision-making power over to a judge, a jury, or an arbitrator.
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Conflict Resolution Scenarios: Negotiating Values
The most heated types of conflict in organizations and in our personal lives often concern our core values, such as our personal moral standards, our religious and political beliefs, and our family’s welfare. Such values conflicts can escalate and intervening quickly in cases of conflict is essential. The following three conflict resolution scenarios can help … Read Conflict Resolution Scenarios: Negotiating Values
For a Mutually Beneficial Agreement, Collaboration is Key
At the Program on Negotiation, we urge you to aim higher by combining such competitive value-claiming with collaborative value creation. Not because it’s the “nice” thing to do, but because it’s been proven to be the best path to a truly mutually beneficial agreement.
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What is the Right of First Refusal?
When transferring property, sellers sometimes insist on real estate rights of first refusal – the chance to be first in line to repurchase the property if their buyer later decides to sell.
… Read What is the Right of First Refusal?
Use a Negotiation Preparation Worksheet for Continuous Improvement
When determining the best alternative to a negotiated agreement or BATNA (the point at which the negotiators ought to walk away from the table), executives should check in with key organizational leaders.
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Famous Negotiators: Tony Blair’s 10 Principles to Guide Diplomats in International Conflict Resolution
In his memoir, the former world leader highlights lessons from the peace process in Northern Ireland. One of the world’s most famous negotiators, Tony Blair, offers 10 principles to guide diplomats in international conflict resolution.
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Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy
Executives rarely view themselves as diplomats engaged in international diplomacy but business negotiators often find the two fields share negotiation skills and negotiation techniques. Rightly or wrongly, diplomacy evokes images of frivolity – days spent wandering exotic capitals, nights spent cruising embassy cocktail parties.
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How to Counter a Job Offer: Avoid Common Mistakes
Imagine that after a long search, you’ve just gotten an offer for a highly appealing job. You’re tempted to accept it on the spot. At the same time, the job offer isn’t a perfect fit: the salary and a couple of other issues fall somewhat short of what you had hoped for. What should you … Read How to Counter a Job Offer: Avoid Common Mistakes
Expanding the Pie: Integrative versus Distributive Bargaining Negotiation Strategies
Imagine that you’re buying a used car from its original owner. Of course, you want to get the best deal you can for your money, while your counterpart wants to maximize the value of his asset. After haggling with one another, each side finally arrives at a price point acceptable to both parties. But how … Read More
A Case Study of Conflict Management and Negotiation
In this case study of conflict management, the Program on Negotiation offers advice drawn from negotiation research about forming negotiating teams and avoiding conflicts within teams and working groups.
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How to Counteroffer in Business Negotiation
Imagine you’ve received a salary offer for a new job that’s less than you’d hoped for, or a client has delivered a “take it or leave it” ultimatum. While there is ample advice available to negotiators on how to make the first offer in negotiation, the question of how to counteroffer in business negotiations often … Read How to Counteroffer in Business Negotiation
Famous Negotiations Cases – NBA and the Power of Deadlines at the Bargaining Table
It’s a classic famous negotiations case. In the summer of 1988, National Basketball Association (NBA) team owners and players were at loggerheads over their new contract. At midnight on June 30, the owners declared a lockout, halting preparations for the start of the 1998–99 NBA season. The players and owners negotiated for six long months, … Read More
Renegotiation Lessons from the NAFTA Talks
Renegotiation poses significant challenges to negotiators, especially when they are dissatisfied with their current agreement.
… Read Renegotiation Lessons from the NAFTA Talks
Pope Francis and the Benefits of Servant Leadership in Negotiations
Progress on global climate change accords has been incremental at best and nonexistent at worst. As in any negotiation, it is important to get the issues right and make sure all the relevant parties are at the table, but this is often easier said than done. Good leadership can help you ensure that both happen, … Read More
From Agent to Advisor: How AI Is Transforming Negotiation
At the Program on Negotiation’s 2025 AI Negotiation Summit, negotiation and computer science experts from around the world described how AI tools can empower us to negotiate more effectively for ourselves and others.
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Dispute Resolution: The Advantages of a Neutral Third-Party Mediator
In an article, “Beyond Blame: Choosing a Mediator,” Stephen B. Goldberg advised business negotiators involved in a dispute to seek out an interests-based mediator to assist both sides in reaching a mutually satisfactory dispute resolution.
… Read More
Negotiating with Your Boss: Secure Your Mandate and Authority for External Talks
When thinking about how to negotiate with your boss, you likely focus on negotiations over your salary, responsibilities, and workload. But negotiating with your boss can also set you up for success in negotiations outside your organization.
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MESO Negotiation: The Benefits of Making Multiple Equivalent Simultaneous Offers in Business Negotiations
In MESO, negotiation in which multiple offers are presented simultaneously at the negotiation table, effective negotiators seek opportunities to create value. By making tradeoffs across issues, parties can obtain greater value on the issues that are most important to them.
… Read More
The Ladder of Inference: A Resource List
The ladder of inference describes how a negotiator, or any decision maker, relies upon her personal knowledge, or observable data, up the ladder of inference to the next stage, which is selected data.
… Read The Ladder of Inference: A Resource List
Managing Expectations in Negotiations
Successful negotiators work hard to ensure that when they and their counterpart leave a negotiation, both sides feel satisfied with the agreement. Why should you care whether the other side is pleased with negotiations or not?
… Read Managing Expectations in Negotiations
5 Tips for Improving Your Negotiation Skills
The prospect of boosting our negotiation skills can be so overwhelming that we often delay taking the necessary steps we can follow to improve, such as taking time to prepare thoroughly. The following five guidelines will help you break this daunting task into a series of manageable—and often essential—strategies.
… Read 5 Tips for Improving Your Negotiation Skills
Michael Scott, Negotiation Genius? Lessons from TV Negotiations
Business negotiators can get useful advice from a variety of sources, from books to blogs to training and classes—and even, as it turns out, from TV shows. As you may have noticed, negotiations frequently play out on TV: from hostage negotiators on police procedurals to fast-talking lawyers in corporate boardrooms to the real-life entrepreneurs and … Read More
BATNA and Other Sources of Power at the Negotiation Table
BATNA negotiations involve a negotiators knowledge of her best alternatives to a negotiated agreement and are one of three sources of negotiating power at the bargaining table, according to negotiation researcher Adam D. Galinsky and New York University’s Joe C. Magee.
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Why is Negotiation Important: Mediation in Transactional Negotiations
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial.
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Value Conflict: What It Is and How to Resolve It
Some of our most heated negotiations and disputes involve value conflict over our core values, such as our personal moral standards, our religious and political beliefs, and our family’s welfare.
… Read Value Conflict: What It Is and How to Resolve It
Teaching Contract Negotiation: Using the Mutual Gains Approach
How do you use the mutual gains approach in contract negotiations?
In contract negotiations, parties can often resort to positional bargaining instead of using the mutual gains approach. Teaching students to generate creative options in contract negotiations can help them avoid positional bargaining and achieve more beneficial and sustainable agreements. The Teaching Negotiation Resource Center (TNRC) … Read More
How to Negotiate with Friends and Family
“Never do business with friends,” the adage goes. But should you always stay away from an opportunity to negotiate with friends and family? A strict policy of keeping friends and family members out of our business lives would be impractical, and it could cause us to pass up potentially valuable negotiating opportunities.
… Read How to Negotiate with Friends and Family
The Anchoring Effect and How it Can Impact Your Negotiation
Goal setting affects performance. In a review of goal-setting research, negotiation scholars Deborah Zetik and Alice Stuhlmacher of DePaul University found that when negotiators set specific, challenging goals, they consistently outperform those who set lower or vague goals.
… Read More
10 Negotiation Failures
Here’s a list of 10 negotiation failures drawn from recent negotiations in the news—including deals that were over before they started and those that proved disastrous after the ink had dried. These cautionary tales offer ample lessons to business negotiators.
… Read 10 Negotiation Failures
Dear Negotiation Coach: When Silence in Negotiation is Golden
In Western cultures, many people are uncomfortable with silence. We tend to talk on top of one another, with little pause between point and counterpoint. Any silence that occurs often feels awkward, as you’ve experienced. But effective negotiators know that silence in negotiation can be a useful tool. Here are four advantages of silence.
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Appealing to Sympathy When Dealing with Difficult Situations
Imagine that you are about to enter into a negotiation. Unbeknown to your counterpart, the stakes are particularly high because you are dealing with difficult situations behind the scenes. Maybe your organization is struggling financially and needs a break to stay in the black. Or you are planning to ask for a raise to help … Read More
Negotiation Research Says to Make Stronger First Offers in Multi-Issue Negotiations
Research suggests how to frame your opening offer for maximum advantage in multi-issue negotiations.
… Read More
Distributive Bargaining Strategies
Wise negotiators recognize the value of both collaborating and competing at the bargaining table. They look for ways to increase the pie of value for all parties, often by identifying differences across issues and making tradeoffs. And they also rely on distributive bargaining strategies to try to claim as much of that larger pie for … Read Distributive Bargaining Strategies
Deceptive Tactics in Negotiation: How to Ward Them Off
Deceptive tactics in negotiation can run rampant: parties “stretch” the numbers, conceal key information, and make promises they know they can’t keep. The benefits of negotiation in business offer strong incentives to detect these behaviors. Unfortunately, however, most of us are very poor lie detectors.
… Read More
How Timing Can Influence the Anchoring Effect
Back on July 11, 2000, we were offered an excellent case study on the anchoring effect when U.S. president Bill Clinton welcomed Israeli Prime Minister Ehud Barak and Palestinian Authority Chairman Yasser Arafat to a summit at Camp David aimed at resolving the Israeli-Palestinian conflict once and for all. The summit covered various contentious issues, … Read How Timing Can Influence the Anchoring Effect
At the Louvre, a Negotiation Campaign Paints a Fuller Portrait
A negotiation campaign, mounted by curators at the Louvre Museum to bring Leonardo da Vinci paintings to a major 2019 exhibit, proved incredibly complex but, ultimately, rewarding. Here are the key lessons that emerged for negotiators.
… Read More
Police Negotiation Techniques from the NYPD Crisis Negotiations Team
Few negotiators can imagine negotiation scenarios more stressful than the kinds of crisis negotiations the New York City Police Department’s Hostage Negotiation Team undertake. But police negotiation techniques employed by the New York City Police Department’s Hostage Negotiations Team (HNT) in high-stakes, high-pressure crisis negotiation situations, outlined in an article from Jeff Thompson and Hugh … Read More
Negotiating Skills: Learn How to Build Trust at the Negotiation Table
In this article some negotiating skills and negotiation tactics for building trust with your counterpart are presented.
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Hardball Negotiation Tactics: Time Pressure in Major League Baseball
Major League Baseball (MLB) games are known for their leisurely pacing. In recent years, off-season negotiations between teams and free agents have sometimes proceeded at a similarly glacial rate, to the consternation of players. Changing power dynamics have led teams to resort to hardball negotiation tactics, such as dragging out talks. As a result, players … Read More
What is a Win-Win Negotiation?
In an episode of the American television show The Office, bumbling manager Michael Scott consults with a manual on conflict resolution while attempting to mediate a dispute between two of his subordinates, Angela and Oscar. After Scott explains that there are five approaches to resolving conflict, beginning with “win-lose,” an annoyed Angela interrupts: “Can we … Read What is a Win-Win Negotiation?
3 Negotiation Strategies for Conflict Resolution
When a dispute flares up and conflict resolution is required, the outcome can be sadly predictable: the conflict escalates, with each side blaming the other in increasingly strident terms. The dispute may end up in litigation, and the relationship may be forever damaged.
… Read 3 Negotiation Strategies for Conflict Resolution
BATNA Strategy: Should You Reveal Your BATNA?
In their best-selling book Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton (Penguin, 1991) introduced the concept of having a BATNA strategy (best alternative to a negotiated agreement) as “the standard against which any proposed agreement should be measured.” When you know what you’ll do if you don’t reach … Read BATNA Strategy: Should You Reveal Your BATNA?
Union Strikes and Dispute Resolution Strategies
When a conflict looms, it can be tempting for each side to try to make unilateral decisions on key issues because of the belief that negotiations with the other side will be a dead end. This dispute resolution strategy may pay off in the short term, but it’s important to factor in the long-term costs … Read Union Strikes and Dispute Resolution Strategies
Facing an Email Negotiation? Take a Proactive Approach
The pitfalls of email negotiation are well documented, but research suggests tackling these problems head-on can improve results.
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The Right Negotiation Environment: Your Place or Mine?
Everyone knows the three rules of real estate: “Location! Location! Location!” When it comes to making deals, choosing the right negotiation environment can be just as important. The location you select can dramatically affect the ensuing process and, ultimately, the end result.
… Read More
Negotiations in the News: Lessons for Business Negotiators
What can business negotiators learn from current negotiations in the news? Quite a bit, according to the dozens of negotiation experts who contributed to the January 2019 special issue of the Negotiation Journal, entitled “Negotiation and Conflict Resolution in the Age of Trump.”
… Read More
Dear Negotiation Coach: Responding (Or Not) to an Ultimatum in Negotiation
Many times in our lives, we will encounter an ultimatum in negotiation. Sometimes the ultimatum is real, and often times it is not. However, there are ways to approach an ultimatum in negotiation to get past this sometimes burdensome hurdle.
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Trust and Honesty in Negotiations: Dealing with Dishonest Negotiators
Negotiating opportunities sometimes come from challenging sources: a family member who has been unreliable in the past but promises to make a change; a business competitor that approaches you about a joint venture; a difficult boss with whom you would like to work out a better relationship.
… Read More
What Is an Umbrella Agreement?
Business negotiators tend to want the best of both worlds. When reaching an agreement, they want to pin down parties’ respective rights and responsibilities, but they also want to retain the flexibility they need to deal with ever-changing business conditions. One solution to this apparent dilemma is to craft an umbrella agreement.
… Read What Is an Umbrella Agreement?
Finding Mutual Gains In “Non-Negotiation”
The National Football League’s Pittsburgh Steelers faced a dilemma. Mid-contract, the team’s star wide receiver, Antonio Brown, asked the team to improve upon the six-year, $42.5 million deal they negotiated back in 2012. Brown had risen to become the best receiver in football and believed he was underpaid.
… Read Finding Mutual Gains In “Non-Negotiation”
Teach Your Students to Negotiate Cross-Border Water Conflicts
With the south-western United States experiencing a years-long drought which has dramatically depleted the Colorado River, there are many signs that water conflicts will become more frequent. Negotiating cross-border water conflicts requires balancing political interests, power dynamics, scientific research, and legal parameters. Success in water negotiations hinges on prediction and monitoring arrangements as well as … Read More
Negotiating the Good Friday Agreement
Retired US Senator George Mitchell played a critical role in negotiating the Good Friday Agreement in Northern Ireland. In an interview with Susan Hackley, Managing Director of the Program on Negotiation at Harvard Law School, in the February 2004 Negotiation newsletter, he describes how he was able to facilitate an agreement between these long-warring parties.
… Read Negotiating the Good Friday Agreement
What is Distributive Negotiation and Five Proven Strategies
Most negotiations call for very different, even opposing, skills: collaboration and competition. To get a great deal, we typically must work with others to find new sources of value while also competing with them to claim as much of that value for ourselves. Before mastering the intricacies of value creation in negotiation, it helps to … Read More
Salary Negotiations: Reducing Gender and Racial Pay Gaps
Salary negotiations contribute to enduring gender and racial pay gaps. Research on the topic reveals how such gaps arise and suggests possible remedies that organizations can take.
… Read More
Tired of Liars? Promote More Ethical Negotiation Behavior
Promoting ethical negotiation behavior is one of the steps we can take to reduce the odds that someone will try to deceive us, and is likely to be a more fruitful strategy than trying to improve our ability to detect lies.
… Read More
Understanding Different Negotiation Styles
In the business world, some negotiators always seem to get what they want, while others more often tend to come up short. What might make some people better negotiators than others? The answer may be in part that people bring different negotiation styles and strategies to the bargaining table, based on their different personalities, experiences, … Read Understanding Different Negotiation Styles
Value Claiming in Negotiation
In most negotiations, we face two goals: claiming value and creating value. Value can be defined as anything you would like to get out a negotiation, whether it be more dollars, a consulting contract, a new rug, an end to conflict, and so on.
… Read Value Claiming in Negotiation
Power in Negotiation: How Effective Negotiators Project Power at the Negotiation Table
Negotiating power generally comes from one of three sources, according to Northwestern University professor Adam D. Galinsky and New York University professor Joe C. Magee.
… Read More
Negotiations and Logrolling: Discover Opportunities to Generate Mutual Gains
Logrolling is the act of trading across issues in a negotiation. Logrolling requires that a negotiator knows his or her own priorities, but also the priorities of the other side. If one side values something more than the other, they should be given it in exchange for reciprocity on issues that are a higher priority … Read More
Great Women Leaders Negotiate
Great women leaders are no different than great male leaders—except that they may have faced more discrimination, lower expectations, and stronger resistance along the way. When women in leadership succeed, they often do so by cultivating successful negotiating skills. Here, we examine strategies that three top women in negotiation employed to become great women leaders. … Read Great Women Leaders Negotiate
Negotiating with Liars: Bluffing versus Puffing
How many times have you sat at the bargaining table, and wondered, “am I negotiating with liars?” And to your own self be true—how many times have you been untruthful in a negotiation? The example below shines a light on how lies can get negotiators into hot water.
… Read Negotiating with Liars: Bluffing versus Puffing
Negotiation Strategies: Emotional Expression at the Bargaining Table
Most of the existing negotiation research on affect in negotiation has focused on emotional experience rather than on emotional expression.
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The Top Three Defensive Negotiation Strategies You Need to Know
In the course of a career, a negotiator will confront many skilled persuaders. Here, we review three defensive negotiation strategies a negotiator can employ.
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10 Negotiation Training Skills Every Organization Needs
How can managers and their organizations increase the odds that negotiation training will lead to beneficial long-term results? Here are several pieces of advice, drawn from experts at the Program on Negotiation at Harvard Law School.
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The Art of Negotiation: Anger Management at the Bargaining Table
Displays of anger can pay off for negotiators, at least when it comes to claiming value in negotiation, research shows. Viewing angry negotiators as formidable opponents, we respond to their demands by making concessions, professor Gerben A. van Kleef of the University of Amsterdam and his colleagues found in research from 2004.
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How to Respond to Questions in Negotiation
What’s the toughest question you’ve ever been asked during a negotiation? Do you know how to respond to questions when they’re out of your comfort zone? If you negotiate frequently, it might be hard to narrow it down to just one. Focusing on job interviews, here are a few negotiation questions that candidates often dread.
… Read How to Respond to Questions in Negotiation
Negotiations, Gender, and Status at the Bargaining Table
When it comes to different characteristics of negotiation styles, a growing body of research suggests that status consciousness varies depending on the gender of interested parties.
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Dealing with Difficult People and Negotiation: When Should You Give Up the Fight?
Negotiators often fail to recognize when it’s time to walk away from a negotiation dispute – a trap that can squander time, money, and reputations. In a negotiation where pride and property are at stake, it may help to know when to give up the fight with your counterpart.
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How Much Does Personality in Negotiation Matter?
We tend to have strong intuitions about which personality traits help or hurt us in negotiation, but does research on the topic confirm our hunches? Does personality in negotiation matter?
… Read How Much Does Personality in Negotiation Matter?
Individual Differences in Negotiation—and How They Affect Results
Negotiation advice is often “one size fits all,” yet we approach negotiations with vastly different experiences and traits. How do individual differences in negotiation play out? In one study, Washington University professor Hillary Anger Elfenbein and her colleagues found evidence that individual differences, including personality, accounted for an impressive 49% of the variance in negotiators’ … Read More
Negotiation Advice for Buying a Car: Tips for Improving Your Negotiating Position
How can you negotiate the best possible price for a new car? This is a common negotiation question, and naturally so. A car is one of the most significant purchases you’ll ever make—and the price is almost always negotiable. Here are a few tips to improve your performance.
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Types of Negotiation for Business Professionals
An understanding of the most common types of negotiation used in the business world will help you prepare to get the best deal possible—while building a strong reputation as an honest and effective negotiating counterpart.
… Read Types of Negotiation for Business Professionals
5 Dealmaking Tips for Closing the Deal
What should you do when you’ve done everything right, but you still aren’t closing the deal? Here are some dealmaking tips.
… Read 5 Dealmaking Tips for Closing the Deal
Negotiation Preparation Strategies
When an important negotiation is looming, “winging it” is never the answer. The best negotiators engage in thorough negotiation preparation. That means taking plenty of time to analyze what you want, your bargaining position, and the other side’s likely wants and alternatives.
… Read Negotiation Preparation Strategies
Pros and Cons of Email Communication
The pros and cons of email communication are worthy of consideration, given our continued reliance on email in business negotiations. Research on email negotiations highlights likely pitfalls and how to overcome them.
… Read Pros and Cons of Email Communication
A Business Negotiation Case Study: Ending the NHL Lockout
How can negotiators overcome impasse and achieve win-win negotiated agreements at the bargaining table? This example illustrates the power of expanding the focus of the negotiations by looking for tradeoffs.
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Use Integrative Negotiation Strategies to Create Value at the Bargaining Table
How can you uncover additional value, make useful trades, and put together a package that exceeds your party’s expectations? Here are four integrative negotiation strategies for value creation that all negotiators should add to their toolkit.
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Negotiation Team Dynamics: The Divide-and-Conquer Strategy
Negotiation team dynamics can allow for a range of novel negotiation techniques, including the divide-and-conquer strategy.
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Win-Lose Negotiation Examples
When we think of win-lose negotiation examples, we think of competitions in which it seemed that one party had to succeed and the other had to fail. In fact, in the majority of win-lose negotiation examples, a win-win negotiation was possible, but parties overlooked opportunities to create value. As a consequence, they reached subpar results.
… Read Win-Lose Negotiation Examples
Writing the Negotiated Agreement
Some negotiations end with a negotiated agreement that is a plan of action rather than a signed contract – for example, a plumber agrees to fix the tile damage caused by his work. Other negotiations wouldn’t be appropriate to commemorate in writing, such as how you and your spouse decide to discipline your young … Read Writing the Negotiated Agreement
Cross Cultural Communication: Translation and Negotiation
In previous international negotiation articles from cross cultural negotiation case studies, we have focused on how international negotiators can avoid cognitive biases and overcome cultural barriers. But how do negotiators dealing with counterparts that speak another language modify their negotiation techniques to accommodate for the lack of a common language?
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How To Avoid a Business Contract Bidding War
Back in 2014, Nike was the undisputed king of superstar endorsements, dominating the field by paying top talent millions for the right to sell lines of collectible shoes in their names. But sportswear and footwear supplier Under Armour made a bold play to change the landscape. Basketball star Kevin Durant, then of the Oklahoma City … Read How To Avoid a Business Contract Bidding War
The Pros and Cons of Back-Channel Negotiations
Back-channel negotiations have been used in numerous conflicts across the globe, including the Israeli-Palestinian peace process from 1994 to 1996 and the Iranian hostage crisis in 1979–1980. In 1985, the imprisoned Nelson Mandela conducted back-channel negotiations with South Africa’s minister of justice, Hendrik Jacobus Coetsee, that laid the groundwork for the end of the apartheid … Read The Pros and Cons of Back-Channel Negotiations
Labor Negotiation Strategies
No one likes strikes. They can be financially devastating to employers and employees alike. And because strikes inconvenience the public, whatever popular support striking workers gain may fade when a strike drags on over time.
… Read Labor Negotiation Strategies
International Conflict and Humanitarian Negotiations
International conflict often spurs the urgent need for humanitarian negotiations. Here’s how the International Committee of the Red Cross negotiates to help parties in need.
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Servant Leadership and Warren Buffett’s Giving Pledge
Billionaire Warren Buffett is not particularly interested in making more money for himself. At 85 years old, he has amassed a staggering fortune, worth over $65 billion. Instead, what has consumed him for the last six years is how to give it all away, and how to convince other billionaires to do the same.
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Threats in Negotiation: When and How to Make Effective Threats
Threats in negotiation can escalate conflict, trigger impasse—and occasionally lead to breakthroughs. Donald Trump’s frequent threats as U.S. president illuminate threat dos and don’ts.
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How To Share a Negotiation Education with Kids
There are numerous opportunities for adults to learn and practice their negotiation skills. Whether it’s working through an issue with a coworker, buying a home, or taking actual negotiation education classes, if you want to improve your negotiation outcomes, you can find ways to learn. But what about kids? Are they too young to learn … Read How To Share a Negotiation Education with Kids
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
Negotiating Salary: Confronting the Gender Pay Gap
In December 2014, leaks of data hacked from Sony Pictures revealed that when negotiating salary for their roles in the film American Hustle, actresses Jennifer Lawrence and Amy Adams came away with significantly less than their male costars in the ensemble cast. Lawrence and Adams were paid 7% of the film’s profits; Christian Bale, Bradley Cooper, … Read More
Power Tactics in Negotiation: How to Gain Leverage with Stronger Parties
When the other side seems to have all the power in a negotiation, what should you do? In recent years, that question has been an urgent one for many universities and libraries negotiating subscription agreements with the academic publishers that produce peer-reviewed scientific research journals. Confronted with skyrocketing pricing demands, several of these institutions have … Read More
Mandated Mediation: What to Expect
Business contracts, as well as the courts, often compel parties to a dispute to engage in mandated mediation. What is mandated mediation, and what can you expect from the process?
… Read Mandated Mediation: What to Expect
The Best New Simulations
Looking to update your curriculum with innovative new simulations? Check out these new simulations from the Teaching Negotiation Resource Center (TNRC).
Discord at the Daily Herald – New Simulation
This two-party, three-hour, multi-issue negotiation is between the co-owners of the Daily Herald newspaper over how to resolve ongoing management issues and implement structural reforms in the face … Read The Best New Simulations
5 Types of Negotiation Skills
Business people who are looking for effective negotiation strategies often confront a dizzying array of advice. It can be useful to take a step back and categorize these strategies into various types of negotiation tactics. Highlighting the benefits of negotiation in business, the following five types of negotiation tactics can help you think more broadly … Read 5 Types of Negotiation Skills
In Aggressive Negotiations, Hypothetical Questions Can Unlock Value
Contentious or aggressive negotiations are notoriously hard to manage. But research suggests that presenting a hypothetical solution in the form of a question can open up opportunities to collaborate.
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Stonewalling in Negotiations: Risks and Pitfalls
Contract negotiations between Jason Pierre-Paul and the New York Giants demonstrate the hazards of intentionally stonewalling your counterpart in negotiations. A successful defensive end with the Giants since 2010, Pierre-Paul was renegotiating his contract after a couple of mildly disappointing seasons. The Giants’ offer of a “franchise tag” designation did not sit well with Pierre-Paul, … Read Stonewalling in Negotiations: Risks and Pitfalls
Check Out the All-In-One Curriculum Packages – Available for Some of Our Most Popular Simulations
Introducing a new way to go in-depth when teaching the most important negotiation concepts and to measure learning outcomes.
If you are new to teaching negotiation or are looking to go in-depth on teaching key concepts, the All-In-One Curriculum Package will provide you with everything you need. The Teaching Negotiation Resource Center has created All-In-One Curriculum … Read More
Teach by Example with These Negotiation Case Studies
Negotiation case studies use the power of example to teach negotiation strategies. Looking to past negotiations where students can analyze what approaches the parties took and how effective they were in reaching an agreement, can help students gain new insights into negotiation dynamics.
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Teaching Critical Leadership Skills
Running a multinational corporation, starting a small business, or leading a diplomatic mission all require critical leadership skills. Being an effective leader necessitates negotiating both within your organization and with external partners. In Real Leaders Negotiate, author Jeswald Salacuse explains that leaders can increase their effectiveness by using negotiation in each of the three phases … Read Teaching Critical Leadership Skills
How to Win at Win-Win Negotiation
Win-win negotiation, contrary to popular belief, doesn’t require us to choose between collaborating and competing. Here’s how to get the best of both worlds.
… Read How to Win at Win-Win Negotiation
Emotional Intelligence in Negotiation
The ability to read and decipher our negotiating counterparts’ emotions can have big payoffs in negotiation, an emerging body of research is finding. Here’s a closer look at emotional intelligence in negotiation.
… Read Emotional Intelligence in Negotiation
Trust in Negotiation: Does Gender Matter?
It can be difficult to assess whether to trust a counterpart in negotiation. As a result, we often fall back on unreliable information, such as gender stereotypes, when making trust-related decisions. Let’s review what we know about the link between gender and trust in negotiation, and then consider effective means of measuring and building trust … Read Trust in Negotiation: Does Gender Matter?
Learn from the Best with the Great Negotiator Case Studies
No one can provide perspective on conflict resolution like experts who have been involved in some of the world’s most complex negotiations. Since 2001, the Program on Negotiation (PON) has bestowed the Great Negotiator Award upon distinguished leaders whose lifelong accomplishments in the fields of negotiation and dispute resolution have had compelling and lasting results. The … Read More
Move Beyond Impasse in Negotiation
Facing impasse in negotiation? During the 2018-2019 U.S. government shutdown, Program on Negotiation experts analyzed the impasse and offered solutions that can be applied to a wide variety of negotiations.
… Read Move Beyond Impasse in Negotiation
When Business Negotiations Fall Flat
Business negotiations fail for many reasons. An attempted merger between Renault and Fiat Chrysler collapsed, despite its potential benefits, because of the failure to consider how it would play with interested parties.
… Read When Business Negotiations Fall Flat
Negotiation Ethics: What’s Gender Got to Do with It?
The strength of our negotiation ethics may vary depending on our gender, according to one study. Here’s why this may be the case—and advice on how we can all live up to our high standards.
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Lessons from M&A Negotiation Strategy: Should You Hire an Agent?
No matter the size of your deal, there’s a lot that business negotiators can learn from the high-flying world of mergers and acquisitions (M&A). In particular, a shift in technology firms’ M&A negotiation strategy during the 2010s is worth revisiting for what it can tell us about the role of agents in negotiation.
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BATNAs: Beyond the Basics
Knowledge of your BATNA, or best alternative to a negotiated agreement, can help you avoid accepting a subpar deal—but it’s important to tailor the concept to your long-term partnerships and keep opportunities for value creation at the forefront.
… Read BATNAs: Beyond the Basics
Conflicts of Interest: How to Avoid and Manage Them
Conflicts of interest often arise when we hire agents to negotiate on our behalf. A dispute between TV writers and their agents highlights such competing motives and suggests how to handle them.
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Salary Negotiation: How to Ask for a Higher Salary
For a new employee, salary negotiation skills can be the most important and the most intimidating, but the most important, of difficult conversations to have at the beginning of your career. A new employee, successfully negotiating a salary offer up by $5,000 could make a huge difference over the course of her career.
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Jeswald Salacuse: A Great Scholar, Leader, and Negotiator
Jeswald Salacuse, a Tufts University professor and pivotal member of the Program on Negotiation, made rich and lasting contributions to the fields of negotiation, leadership, and beyond over the course of his distinguished career.
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Hard Bargaining in Negotiation
Hard bargaining in negotiation is often touted as the best way to get what you want when all else fails. But as recent news stories illustrate, hard bargaining often backfires unless used in tandem with more collaborative strategies.
… Read Hard Bargaining in Negotiation
To Break Impasse, Move Beyond Concerns about Fairness in Negotiation
Arguments about what constitutes fairness in negotiation can lead parties to talk past each other and get stuck in an impasse. An interest-based approach can often encourage more creative discussions.
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Power and Negotiation: Advice on First Offers
Should you make the first offer in negotiation? It’s a perennial question, one that has attracted considerable debate. In a 2023 study published in the Negotiation Journal, researchers Yossi Maaravi, Ben Heller, and Aharon Levy find that negotiators’ relative power affects their first offers. Here, we take a closer look at issues related to power … Read Power and Negotiation: Advice on First Offers
Check Out Videos from the PON 40th Anniversary Symposium on Negotiation Pedagogy, Practice, & Research
The PON 40th Anniversary Symposium featured presentations on the latest innovations in negotiation scholarship, pedagogy, and practice.
On December 9th, 2023, negotiation teachers, trainers, and practitioners from around the world gathered with PON faculty to reflect on the evolution of the program over the last 40 years, as well as learn about the latest developments and … Read More
Best Negotiation Books: A Negotiation Reading List
Whether you are facing negotiations with Congress, colleagues, customers, or family members, the following negotiation books, published in recent years by experts from the Program on Negotiation, offer new perspectives on common negotiating dilemmas.
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10 Popular Business Negotiation Articles
Here are ten popular business negotiation articles on the Program on Negotiation website. Drawn from a variety of negotiation case studies as well as negotiation research, the following articles offer strategies for engaging in integrative negotiations aimed at creating win-win scenarios for each party at the negotiation table.
… Read 10 Popular Business Negotiation Articles
Value Creation in Negotiation: Capitalize on Multiple Issues
Between 2017 and 2019, the United Kingdom (U.K.) and the European Union (E.U.) negotiated the terms of Brexit, the U.K.’s official departure from the E.U. The talks were contentious and stalled often, ultimately being extended by six months.
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Star Wars Stories: George Lucas and a Strong BATNA, Passed Over
In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. When you are aware that you have an appealing alternative deal to the one you’re working on, you will be less tempted to accept an agreement that doesn’t meet your minimum requirements. A strong BATNA gives you … Read More
Negotiators: Resist Vividness Bias in Negotiations
Vividness bias is the tendency to overweight the vivid and prestigious attributes of a decision, such as salary or an employer’s status, and underweight less impressive issues, such as location or rapport with colleagues. Let’s talk about a clear vividness bias example from 2015 in Major League Baseball.
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Union Negotiations Show How to Bring Reluctant Parties to the Table
On April 24, 2013, an eight-story building in Bangladesh known as Rana Plaza collapsed, killing 1,134 people, many of them low-wage garment workers who made goods for foreign companies. In the aftermath, Western retailers were widely criticized for failing to engage in international labor union negotiations and address hazardous conditions in the factories where their … Read More
Four Ways to Manage Conflict in the Workplace
Samantha was livid. While making a presentation during a meeting that both attended, Brad, a newcomer in her department, had shared some slides during a presentation that were clearly based on ideas for a project she’d shared with him privately—without giving her credit. Samantha angrily confronted Brad in his office after the meeting; he became … Read Four Ways to Manage Conflict in the Workplace
How to Portray Confidence in Negotiation So You Don’t Look Desperate
In our negotiations, we all regularly cope with counterparts who try too hard—such as salespeople who pester us with phone calls or show up at our office or home unannounced. Their desperation to reach a deal comes through loud and clear, making them seem not only annoying but also potentially ripe for exploitation. At the … Read More
How to Deal with a Hardball Strategy When You Have a Weak BATNA
In negotiation, visions of collaborating to create new sources of value can quickly evaporate when the other party engages in a hardball strategy—such as penalizing us financially, attacking our reputation, walking away, or threatening to do all of the above. Suddenly we find ourselves on the defensive, scrambling to do more than just break even.
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How To Create a Better Deal in International Bargaining Situations
On April 19, 2013, after what was undoubtedly an intensive series of international bargaining and negotiation sessions, Toyota announced that it would begin manufacturing its Lexus luxury car in the United States for the first time. The Japanese automaker planned to invest $360 million in a new production line for its Georgetown, Kentucky, plant, which … Read More
15 Top Business Negotiations
Looking for negotiation examples in business to learn from—both mistakes to avoid and best practices? Here’s a list of 15 notable business negotiations from recent years.
… Read 15 Top Business Negotiations
Negotiation Ethics in Business: Avoid Common Traps
We may think our negotiation ethics in business are above reproach, but all of us are susceptible to engaging in unethical negotiation tactics—sometimes without realizing it. Here’s how to do better.
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In Email Negotiations, When They’re Happy, Do You Know it?
One study by Hillary Anger Elfenbein (Washington University, St. Louis) found that negotiators detected emotions accurately only 58% of the time. That accuracy rate may be even lower in email negotiations, where negotiators lack helpful visual, verbal, and other sensory cues.
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Entrepreneurs: Prepare for Challenging Conversations in Key Negotiation
Start-ups and individual entrepreneurs often encounter challenging conversations when negotiating with potential partners and investors. When you are trying to sell others on your big idea or venture, you face the daunting challenge of convincing them that it’s worth their time, money, and effort. And even as you’re drawing on all your powers of persuasion … Read More
Power in Negotiation: Research You Can Use
What sources of power in negotiation do you think are especially important when it comes to getting what you want and building a fruitful long-term business partnership?
Having abundant material resources is one common source of power in negotiation. So is having high status in an organization. One of the most important measures of power is … Read Power in Negotiation: Research You Can Use
Dispute Resolution: Building Momentum through Small Wins
Sometimes disputes are left to fester for years, even decades, until parties decide there is something to be gained from reaching agreement. In 2015, the nations of Bangladesh and India seized on an opportunity to push the “restart” button on a contentious border disagreement through dispute resolution. Such international conflict resolution examples can illustrate how … Read More
Taking the Plunge: How a Controversial Business Partnership Agreement was Born
“A huge mistake.” “A shot in the dark.” “An audacious move.” Those are just a few of the media’s characterizations of the business partnership agreement between wireless carrier AT&T and media and entertainment firm Time Warner (now known as WarnerMedia). It was the biggest merger of 2016, with $85.4 billion in cash and stock transferring … Read More
The Deal-Making Process: Playing the Long Game
Do you have regrets about the deals that got away? If so, you might be newly motivated by the deal-making process of famed Hollywood movie and television producer Albert S. Ruddy. For 50 years he pursued two pet film projects—each of which finally led to a negotiated agreement and is coming to fruition.
… Read The Deal-Making Process: Playing the Long Game
Emotions in Negotiation—Insincere and Real
When preparing for negotiation, we often overlook the role that our emotions and our counterpart’s emotions might play in the process. Two studies offer insights into aspects of emotions in negotiation: the risks associated with faking emotions and the anxiety that often accompanies making the first offer.
… Read Emotions in Negotiation—Insincere and Real
Negotiation Research: To Curb Deceptive Tactics in Negotiation, Confront “Paranoid Pessimism”
Business negotiators often worry about deceptive tactics in negotiation, and understandably so. The potential for being lied to or swindled can be high in negotiation, given that our counterparts typically have access to information about preferences, alternatives, product quality, and so on, that we lack. Yet research shows that negotiators often behave honestly even when … Read More
How Emotions Affect Negotiations
Emotions play a critical but little-understood role in negotiation. Strong emotions such as anger can derail negotiations, yet keeping emotions under wraps can lead to misunderstandings and impasse. Increasingly, researchers are looking more closely at how emotions affect negotiations. The results of two studies offer lessons related to the impact of emotions in negotiation.
… Read How Emotions Affect Negotiations
Preparation for Negotiation: Get Off on the Right Foot
The opening stages of negotiation can be filled with uncertainty. How assertive should you be? How can you set yourself up for success? What should an opening offer look like? To answer these questions accurately, thorough preparation for negotiation is key. Negotiation research offers guidelines to get talks off on the right track.
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Crisis Negotiation Skills: Learning from Others’ Mistakes
When facing crisis negotiations, we often bargain from a position of weakness, hands outstretched in the hope that the other party will help us stay afloat. A special set of crisis negotiation skills is needed as we strive to advocate for our needs without pushing our counterparts too far.
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Crisis Negotiations: Advice for Ending Tense Standoffs
How can you engage in crisis negotiations with someone who doesn’t trust you? Consider bringing in individuals the other party does trust to play the role of mediator in the dispute, as the FBI did to promote a peaceful end to a standoff with occupiers of the Malheur National Wildlife Refuge in February 2016.
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Ask A Negotiation Expert: Dealing With Conflict? Bring High-Level Values to the Table
Melvin Shakun is a management consultant, professor emeritus at New York University, and founding editor of the international journal Group Decision and Negotiation. He spoke with Negotiation Briefings about dealing with conflict, and how negotiators can break through impasse by appealing to common values.
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Negotiation Skills and Strategies: Winning Over Reluctant Counterparts
In the aftermath of the December 2012 killing of 20 children and six adults at Sandy Hook Elementary School in Newtown, Connecticut, then-president Barack Obama moved gun control to the top of his legislative agenda. By April 2013, the Senate was considering requiring universal criminal background checks for all gun purchases and banning assault weapons … Read More
When Armed with Power in Negotiation, Use It Wisely
The buzz of excitement that arose in February 2015 at the news that Harper Lee, author of the beloved novel To Kill a Mockingbird, would be publishing a second novel quickly turned to concern. The 88-year-old Lee, who suffered a stroke in 2007 and resided in an assisted-living facility in her hometown of Monroeville, Alabama, … Read More
Planning Your Syllabus for Next Semester? Check Out the Brief Course Outlines from the TNRC
Planning a new course for next semester or looking to reinvent a current one? Check out our brief course outlines to get started planning your syllabus.
The Teaching Negotiation Resource Center (TNRC) now offers brief outlines for eleven different course types which include recommended simulations and books and highlight key teaching points. While all teaching materials … Read More
How to Make a Good Deal When You Lack Power
In negotiation, we’re often advised that our most important source of power is our best alternative to a negotiated agreement, or BATNA. When we feel powerless, it’s often because we don’t have a strong alternative if the current deal falls apart or fails to meet our needs. The key to enhancing our power, therefore, is to … Read How to Make a Good Deal When You Lack Power
When a Little Power is a Dangerous Thing
In 1975, Leigh Steinberg launched his career as a sports agent by proving that even a little power can be a dangerous thing. He faced what appeared to be a tough negotiation with the Atlanta Falcons. The team had chosen Steinberg’s client, rookie quarterback Steve Bartkowski, as their first pick in the first round of … Read When a Little Power is a Dangerous Thing
Negotiation Mistakes: When Fear of Impasse Leads to Bad Deals
Experienced negotiators understand that they should reject any deal on the table that is inferior to their best alternative to a negotiated agreement, or BATNA. At an auto dealership, for example, you shouldn’t buy a used car if you are pretty sure you can get a better deal on a comparable car elsewhere. Yet in … Read More
Online Negotiations: Which Formats Should You Use When?
When considering how to negotiate online, people often wonder whether the format (text versus video, for example) or the device (smartphone versus a larger screen) used matters. Here, we take a closer look at these and other aspects of online negotiations.
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In Negotiauctions, Try a Game-Changing Move
Often in business negotiations, we must compete not only with a counterpart across the table but also with others fighting for the same deal. A procurement officer may announce to a longtime supplier that she is putting their contract up for an auction. Or bidders for a company might be invited to negotiate elements of … Read In Negotiauctions, Try a Game-Changing Move
How to Make the Anchoring Bias Work in Your Favor
Because of the anchoring bias, opening offers have a strong effect on negotiation. The first offer made in a negotiation serves as an anchor that influences the discussion that follows, even when that anchor is extreme.
… Read How to Make the Anchoring Bias Work in Your Favor
3 Ways to Ensure Women in Leadership Are Heard In Group Negotiations
When President Barack Obama first took office, in 2008, one-third of the women in leadership positions in his office were women. Two-thirds of these positions were filled by men, some of whom were known for their brash, dominant personalities, including then chief of staff Rahm Emanuel and economic adviser Lawrence Summers.
… Read More
On Social Media, Business Negotiators Should Post with Caution
When it comes to getting what they want, some business negotiators take it to the social media streets.
Back in May of 2015, actor Harry Shearer, the voice of iconic characters on the hit animated TV series The Simpsons since its inception in 1989, announced via Twitter that he was leaving the show because of an … Read More
How to Remain Detached Yet Fully Engaged in Negotiations: Tips for Business Negotiators
“The test of a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time,” F. Scott Fitzgerald observed, “and still retain the ability to function.”
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Negotiation Skills: Ways to Use Power Plays in a Negotiation
Attempts to exercise power can backfire. As a negotiator, you must balance these three risks against the potential benefits of developing and exercising power.
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Secret Negotiations: How to Keep Your Talks under Wraps
Secret negotiations are rare, as parties and outsiders often have incentives to leak details to the outside world. But a trio of government negotiations offers tips on how to keep negotiations quiet.
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How to Overcome Barriers and Save Your Negotiated Agreement at the Bargaining Table
Back in November 2012, Hostess Brands announced that it had failed to reach a negotiated agreement with its second-biggest union and, as a result, was permanently shutting down its operations.
The news was met with dismay by baby boomers and others who had grown up with the 80-year-old company’s shelf-stable confections. But consumers had been passing … Read More
The Difficulty of Achieving a Win-Win Negotiation Outcome
In a negotiation, it may help to signal to your counterpart your willingness to engage in bargaining aimed at creating a win-win outcome for both parties.
… Read More
Mediation: Sitting Down at the Table
One of the central skills of a mediator is the ability to solve problems. And while problem solving skills may lead to successfully negotiated agreements between disputing parties, an effective mediator also has to get each side to agree to sit down at the bargaining table in the first place.
… Read Mediation: Sitting Down at the Table
When Dealing with Difficult People, Try a Complementary Approach
To hear President Donald Trump tell it, the United States under President Barack Obama had bungled one negotiation after another on the global stage due to an inability to stand firm and take tough stances on key issues when engaging in difficult conversations.
… Read More
Closing the Deal in Negotiations: 3 Tips for Sequential Dealmaking
After closing the deal in negotiations, we often feel a sense of pride. Imagine, for example, that you are a purchasing agent who just scored a significant price concession from a supplier. Now it’s time to hang up the phone and move on to another negotiation with a different supplier. You’re feeling proud of how … Read More
International Negotiations and Cognitive Biases in Negotiation
In discussing international negotiations and cognitive biases in negotiation, professor Cheryl Rivers of Queensland University of Technology in Brisbane, Australia, highlights in a negotiation research literature review, seasoned negotiators often hear stories about the unethical behaviors of people of other nationalities. Perhaps the toughest problems arise surrounding what Rivers calls “ethically ambiguous” negotiation tactics and … Read More
In Business Negotiations, Eat Before You Negotiate
When preparing for your next business negotiation, you may want to strategize not only about what you’ll put on the bargaining table, but also how much food you’ll put in your belly beforehand. That’s the message of new research that Cornell University professor Emily Zitek and Dartmouth College professor Alexander Jordan presented at the annual … Read More
Repairing Relationships Using Negotiation Skills
Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. Some of the most successful negotiation examples of the power of negotiation skills in dispute resolution is when they repair relationships between friends.
… Read Repairing Relationships Using Negotiation Skills
Leadership Styles in Negotiation: The Case of Ebay and Paypal
Having the leadership skills to identify shared interests and build them into an agreement often gets both sides to deliver on the terms of a deal.
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Arbitration vs Mediation: What’s Wrong with Traditional Arbitration?
Arbitration vs mediation: Traditionally, the arbitrator is not limited to selecting one of the parties’ contract proposals but may determine the contract terms on his own. If negotiators know that impasse will lead to traditional arbitration, they typically assume that the arbitrator will reach a decision that’s an approximate midpoint between their final offers.
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Negotiation in Business: Ethics, Bias, and Bargaining in Good Faith
As we’ve discussed in previous articles about negotiation examples in business, a negotiator’s beliefs concerning negotiation ethics are affected by cognitive biases. You probably can recall times when a negotiating opponent made what appeared to be a blatant misstatement. If you’re like most people, you assumed the person was lying to gain an advantage.
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Patience is a Winning Negotiation Skill for Getting What You Want at the Negotiation Table
On April 9, 2012 the hearts of internet entrepreneurs everywhere must have skipped a beat at the news that Facebook was paying $1 billion in cash and stock to buy Instagram, a San Francisco-based start-up.
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How to Balance Your Own Values in Negotiation
What are the best negotiation examples from real life? Imagine that you’ve been negotiating the sale of a property that is owned by your company. The buyer has made an attractive offer that you’ve tentatively accepted. Your boss is pleased with the terms as they stand, but suggests that you go back to the buyer … Read How to Balance Your Own Values in Negotiation
Why Great Negotiators Earn More Money
What’s the best way to claim more money in a negotiation? Many professional negotiators would recommend hard-bargaining tactics, such as asking the other party to disclose their bottom line, standing firm on price, and threatening to walk away. But truly great negotiators recognize that using haggling strategies alone may leave significant money on the table. … Read Why Great Negotiators Earn More Money
Group Decision Making: Best Practices and Pitfalls
When engaged in a complex group negotiation or dispute, how should you come to agreement? Members might separate into factions and fight to have their voices heard. They might take a vote and let the majority rule. Or they can try to negotiate their way to consensus.
There are almost as many forms of group decision … Read More
Advice for Bargaining Abroad: Tips on How To Overcome Cultural Barriers
Imagine that you’re the CEO of a sports clothing manufacturer based in Chicago. You recently traveled to Amsterdam, the Netherlands, to meet with a distributor who has a rich and diverse network in the European sports market.
… Read More
Examples of Difficult Situations at Work: Consensus and Negotiated Agreements
How do negotiators reach consensus while engaged in intense negotiated agreements, often contentious, bargaining sessions with their counterparts? Here are some ways negotiators have reached consensus with colleagues and counterparts in the workplace.
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Bargaining for a New Car: Real World Negotiations Examples
When it comes to bargaining for a new car, are women negotiating harder bargains than men?
According to a recent report from NPR Morning Edition’s Sonari Glinton, women not only negotiate harder bargains than men when it comes to vehicle purchases, but also they do more extensive preparatory work (See: Negotiating for What You Really Want- … Read More
When Sacred Values Lead to An Ideological Impasse
In October 2013, the two houses of Congress failed to reach agreement on appropriations funding for fiscal year 2014, triggering a government shutdown that lasted 16 days. The deadlock was rooted in the insistence of the Tea Party caucus of the Republican Party that the appropriations bill include language defunding President Barack Obama’s signature piece … Read When Sacred Values Lead to An Ideological Impasse
Negotiation Skills Training: Define Your Negotiation Style
How would you characterize your negotiation style: Are you collaborative, competitive, or compromising? During any professional negotiation skills training, you’re likely to find out your negotiating style when setting goals and revealing your negotiating personality.
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Understanding the Negotiation Skills You Need to Negotiate with Friends and Family
Who achieves the best negotiated agreements: strangers, friends, or romantic partners? In a 1993 negotiation role-play simulation, Margaret Neale of Stanford University and Kathleen McGinn found that pairs of friends achieved higher joint gains than married couples and pairs of strangers.
… Read More
Negotiation Skills and Bargaining Techniques from Female Executives
Dozens of female CEOs and other high-level women negotiators have told us about their experiences negotiating in traditionally masculine contexts where standards and expectations were ambiguous. Their experiences varied according to the gender triggers that were present in the negotiations and they adapted their negotiation skills to accommodate these shifts.
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Power in Negotiations: How to Maximize a Weak BATNA
In business negotiations, we tend to assume that it’s the more financially successful party that has an edge. But if that party has a weak BATNA, or best alternative to a negotiated agreement, it could be the seemingly weaker party that comes out on top.
… Read More
Business Negotiation Skills to Curb Your Overconfidence
To avoid the pitfalls of overconfidence, you need a clear understanding of how overconfidence is likely to affect your judgments and decisions (and those of your counterparts) at the bargaining table. Fortunately, new research suggests exactly when to expect overconfidence and offers insight into how you can prevent it from getting you into trouble in … Read More
Negotiation Skills: Four Steps for Changing Negotiation Practices in Your Organization
Individual negotiators are sometimes overwhelmed by the idea of leading organization-wide changes to negotiation practices. In fact, it doesn’t take much time or effort to set the wheels of reform in motion, write Hallam Movius and Lawrence Susskind in Built to Win. Here are four simple steps to implement in your workplace.
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Business Negotiations: How to Improve Your Reputation at the Bargaining Table
In multi-issue business negotiations, research suggests that the advantage goes to negotiators with a reputation for collaboration rather than competition. In a series of studies by Catherine H. Tinsley and Kathleen O’Connor, participants were told they would be negotiating with someone who had either a tough reputation, a cooperative reputation, or an unknown reputation. Although … Read More
Win-Win Negotiation Strategies for Rebuilding a Relationship
When negotiators come together after a period of mutual mistrust, it can be difficult for each side to reconcile their grievances with the other. Here are some strategies that others have used to bring bargaining counterparts together even after a long, contentious period of silence.
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Difficult Situations at Work – Negotiation Skills for Dealing with Difficult People
Here are a few examples of difficult situations at work and some negotiation skills for dealing with difficult people we encounter in every area of life. First, negotiators should ask themselves: Why do some people get under our skin?
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How Principal Agent Theory Works in Business Negotiations: Dealmaking Strategies for Bargaining with Agents
The Program on Negotiation has identified three basic sets of circumstances in business negotiations where you’ll be better off tapping an agent (see also principal-agent theory) to take your place at the bargaining table (at least for part of the negotiating process):
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Limiting Strategic Miscalculation in Business Negotiations
Over-precision doesn’t necessarily lead us to think we’re better negotiators than we actually are. Rather, it causes us to trust our initial instincts too much.
Sometimes we’re actually overconfident that we’ll perform worse than others. This tendency applies to competitive situations, including negotiation.
Those who underestimate their ability to be competitive usually will choose to stay out … Read More
Self-Analysis and Negotiation
“Separate the people from the problem,” advises the best-selling negotiation text Getting to Yes. That’s certainly good counsel when tempers flare and bargaining descends into ego battles, but it’s a mistake to ignore the psychological crosscurrents in negotiation. Unless they are addressed, a deal may never be reached.
… Read Self-Analysis and Negotiation
Are You Ready to Negotiate?
“Winging it” is a fine approach to life’s minor decisions, but when you negotiate, it can be disastrous. Follow these three preparation steps and improve your agreements.
… Read Are You Ready to Negotiate?
Debunking Negotiation Myths
In her book The Mind and Heart of the Negotiator, Leigh Thompson cites four widely held negotiation myths that bar negotiators from improving their skills. This analysis is worth the attention of anyone who wants to move beyond platitudes to a deeper understanding of negotiation.
… Read Debunking Negotiation Myths
When Lose-Lose is the Best Alternative to a Negotiated Agreement (BATNA)
As the famous tale “The Gift of the Magi” illustrates, sometimes the best outcomes in negotiated agreements is a lose-lose situation for both parties.
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Building Coalitions: Apple and the Art of Persuasion
Whether you have one of its ubiquitous products or even its rivals offerings, you most certainly have heard of Apple, the United States electronics giant whose phoenix-like rise to the top of the business world has inspired legions of fans and detractors alike.
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Dealmaking: Relationship Rules for Dealmakers
Here are some concrete guidelines for fostering a strong relationship between deal making partners, drawn from The Global Negotiator: Making, Managing, and Mending Deals Around the World in the 21st Century, by Tufts University professor Jeswald W. Salacuse:
… Read Dealmaking: Relationship Rules for Dealmakers
Negotiation Research Examines Ethics in Negotiating
Lack of transparency regarding negotiations between hospitals and the insurers known as preferred provider organizations, or PPOs, is a key contributor to spiraling health-care costs in the United States, back in a 2013 article in the New York Times. This topic has many questioning ethics in negotiating within the healthcare industry.
The problem starts with the … Read More
What Can Business Negotiators Learn from Principal Agent Theory?
Learn how to navigate the principal-agent relationship with these insights from negotiation research.
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Dispute Resolution, NHL style
The deal suggests a valuable way for business negotiators in all realms to break through thorny disputes: expand your focus by looking for tradeoffs that cut across time periods.
… Read Dispute Resolution, NHL style
Emotion and the Art of Business Negotiations
The sale of Picasso’s works by his heirs is fraught with negative emotion. How do negative emotions impact negotiation and behavior at the bargaining table? This article offers negotiation skills insights into how to counter or prevent negative emotions in negotiation.
… Read Emotion and the Art of Business Negotiations
Developing Negotiation Skills for Integrative Negotiations – Does Personality Matter?
Imagine that after some negative experiences at the bargaining table or if you are frustrated in your efforts to improve your negotiation skills, you’ve started to worry that you simply don’t have the right personality to be a great negotiator let alone a value-creating, integrative negotiations expert. The other party always seems to get the … Read More
How to Mitigate Stress at the Bargaining Table
Conventional wisdom, not to mention the popularity of no-haggle car buying, suggests that many people anticipate important negotiations with the same dread they reserve for root canals.
… Read How to Mitigate Stress at the Bargaining Table
Negotiating Strategies for Navigating Sensitive Topics
When devising negotiating strategies, some topics seem off-limits: difficult to bring up and perhaps impossible to resolve. Consider the following anecdotes:
– In the process of negotiating an acquisition that would include key personnel, members of the buyer’s team are concerned about rumors that a top executive from the target firm has a serious drinking problem … Read More
Negotiation Skills from the World of Improv for Conflict Management
A Q&A with Michael Wheeler, author of The Art of Negotiation: How to Improvise Agreement in a Chaotic World.
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Pick the Right Negotiation Pace
People operate at different speeds at the bargaining table. This is called their negotiation pace. Suppose that one bargainer is impatient, gritting her teeth and thinking, “Cut to the chase, for Pete’s sake!” Feeling pressured, the other person wants to say, “Easy on the coffee, pal! Let’s give this the time it deserves.”
… Read Pick the Right Negotiation Pace
Self-Fulfilling Prophecies and Power in Negotiation
When you expect people to be competitive, it’s not only your own behavior that changes. You also set up a self-fulfilling prophecy, such that your expectations about the other side’s behavior lead him to behave in ways that confirm your expectations.
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Negotiation Skills: Threat Response at the Bargaining Table
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
Dealing with Difficult People? Negotiation Lessons from Ronald Reagan
In recent months, U.S. President Barack Obama and other world leaders have struggled to find a winning strategy to convince Russian President Vladimir Putin to back away from his aggressions toward Ukraine. In a Wall Street Journal editorial, Ken Adelman, U.S. President Ronald Reagan’s ambassador to the United Nations and arms-control director, writes that recently … Read More
Dear Negotiation Coach: Responsible Negotiation Means Caring Beyond the Deal Closing
Alain Lempereur, has developed the concept of “responsible negotiation”, and answers questions about how to conduct more ethically sound negotiations.
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Negotiating Skills: How to Bargain “Behind the Table”
After the fall of the Berlin Wall in 1989, U.S. president George H. W. Bush and his secretary of state, James Baker, were eager to win international support for German reunification and German membership in NATO. But Soviet president Mikhail Gorbachev faced strong opposition to these measures from members of his own Communist Party. Both … Read More
Business Negotiation Strategies for Managing the Tension Between Claiming and Creating Value
When it comes to great business negotiation strategies, there’s no better example than the cast of Friends in their heyday.
David Schwimmer, the actor who played Ross on the hit NBC sitcom Friends, famously convinced the show’s five other leads in the early years of its run to negotiate their contracts with NBC as a team. … Read More
How to Overcome Cultural Barriers in Negotiation
Imagine that you’re the American representative of a U.S. food company, and you’re hoping to procure a new ingredient for several of your products from a German company. A representative from the company is flying in to meet with you. Do you expect your German counterpart to behave differently than the Americans you typically deal … Read How to Overcome Cultural Barriers in Negotiation
Dear Negotiation Coach: Negotiation Interpreters Leave Space for Interpretation
Negotiators tend to view language interpreters as neutral in international negotiation, but reality is more complicated, according to Sanda Kaufman, a professor of Planning, Public Policy, and Administration at Cleveland State University who studies negotiation and intervention in urban, environmental, and organizational contexts. Fluent in four languages, Kaufman is also an experienced negotiation interpreter who … Read More
Negotiation Tactics for Bargaining with Difficult People: The Comcast Merger
If a competitive bargaining session shifts in a counterpart’s direction, your anger could send the wrong signals to your negotiation counterpart. In this instance, strong emotions portray desperation rather than strength. Here are some bargaining and negotiation tactics for dealing with difficult situations in relationships.
… Read More
Creating Value in Integrative Negotiations: Myth of the Fixed-Pie of Resources
Creating value is the name of the game in integrative negotiations but these principles can also apply to the highly competitive realm of business negotiations. In the business world, why is competition so often the norm, while cooperation seems like an impossible goal?
… Read More
Team Building Using Negotiation Skills
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 Team Building Using Negotiation Skills
How Much Should You Share at the Negotiation Table?
Suppose that two entrepreneurs, a marketing expert and an IT specialist, are thinking about merging their consulting firms to create a greater synergy of services. As their talks unfold, each wonders how much information to disclose. Should they bring up discussions with other potential partners?
… Read More
Win Win Negotiations: Can’t Beat Them? Join a Coalition.
This negotiation case study demonstrates the power of coalitions to achieve objectives at the bargaining table. How can negotiators cooperate with bargaining counterparts to create value for both sides? Here is the strategy used by Wyoming ranchers to achieve just that.
… Read More
Negotiation Tactics for Managing Relationships
When multiple parties gather to discuss issues, someone has to oversee the group’s efforts, or the process will descend into chaos or stalemate.
… Read Negotiation Tactics for Managing Relationships
Business Negotiation Skills: How to Enhance Your Negotiated Agreement
A common topic in our business negotiations articles are negotiation topics in business about enhancing your deal after signing the negotiated agreement. After all, not all contracts are created equal.
… Read More
Managing Difficult Conversations: Achieving Objectives with Backmapping Negotiation Strategies
The problem: Your negotiation seems to be over before it has begun. Your targeted counterpart is refusing to sit down with you or simply ignoring your requests. How can you get her to see that she would benefit from negotiating with you?
… Read More
Ethics in Negotiation: Avoid Complicity in Wrongdoing
When we think about our own ethics in negotiation, we tend to focus on the ethical and legal lines we may be at risk of crossing through our actions. We often fail to consider how we could end up enabling the unethical and even illegal behavior of our negotiation counterparts and partners.
More broadly, we have … Read More
How Your Communication Style Impacts Value Creation
In negotiation, we bring our unique personalities and styles to the table. A reserved, cautious person is likely to bargain differently than someone who is outgoing and proactive, for example. There is much we can do to improve our negotiation performance—such as preparing thoroughly and using proven persuasion strategies. But can we also improve our … Read More
3 Keys to Effective Leadership in Difficult Negotiations
A medical facility might not be the first place you think of for effective leadership in a negotiation. But that’s precisely what took place between a doctor and his patients. At Memorial Sloan Kettering Cancer Center (MSKCC) in New York City, a leading cancer research and treatment institution, doctors often will advise men who are … Read More
The Role of Leadership in Negotiation: The Case of the U.S. Rail Negotiations
When a negotiator or team is attempting to reach a deal or engage in dispute resolution on behalf of their organization, the question of whether and when to involve top leaders in the discussion often looms large. Should leaders be involved in the early stages? Take a hands-off approach and swoop in to close the … Read More
Job Negotiation Advice from Leading Ladies
Thanks to a series of cultural events and news stories, job negotiation advice has become a hot topic among women professionals and businesspeople more generally. First came Facebook CEO Sheryl Sandberg’s book Lean In: Women, Work, and the Will to Lead (Knopf, 2013) and corresponding movement, which encouraged women to take on leadership roles and … Read Job Negotiation Advice from Leading Ladies
The Opposite of Autocratic Leadership Styles
While the advantages and disadvantages of leadership styles are not always readily apparent, one thing is certain – being decisive while avoiding autocratic leadership tactics is necessary for successful leaders and negotiators alike. Navigating these treacherous waters can be extraordinarily challenging, but it can also give rise to creative decisions that help resolve disagreements in … Read The Opposite of Autocratic Leadership Styles
Dear Negotiation Coach: What Are Business Negotiation Skills for Entrepreneurs?
To get an idea or innovation off the ground takes strong business negotiation skills as an entrepreneur.
Yet, in their book Entrepreneurial Negotiation: Understanding and Managing the Relationships that Determine Your Entrepreneurial Success (Palgrave/Macmillan, 2018), Program on Negotiation instructor Samuel Dinnar and MIT professor Lawrence Susskind write that many entrepreneurs are falling short. Here, Susskind explains … Read More
Emotional Intelligence in Negotiation
You feel a little nervous during your first meeting with a new colleague, Steve, to negotiate a long-term project to be co-managed by your respective divisions, but he immediately puts you at ease. Warm and friendly, he makes it clear he’s highly motivated to reach an arrangement that will help both divisions. When talks grow … Read Emotional Intelligence in Negotiation
Dear Negotiation Coach: Building Trust with Reluctant Counterparts
Tetsushi Okumura is a professor at the Tokyo University of Science and has been a visiting scholar at Northwestern University’s Kellogg School of Management. His research articles have appeared in leading management and psychology journals, and he has translated into Japanese many popular books on negotiation. Recently, Okumura has been interviewing Japanese government negotiators to … Read More
An International Negotiation Process Leads to a Fragile Agreement in Ukraine
Ever since Russia blockaded the Black Sea at the start of its war on Ukraine, most of Ukraine’s abundant grain harvest has been trapped in silos, far from those who count on it for survival. The closing of ports in Ukraine, one of the world’s great breadbaskets, threatened to bring famine and political unrest to … Read More
For Dispute Resolution, Consider a Lawyer Trained as a Mediator
If you needed a lawyer to help you settle a business dispute, would you prefer (a) one who was completely partisan toward your point of view or (b) one who acted as a mediator and saw both sides of the conflict?
You might assume that the partisan lawyer would work harder for you than someone who … Read More
Managing Difficult Negotiations: Lessons from the 2015-2017 Illinois Budget Impasse
On July 6, 2017, the state of Illinois finally resolved a 793-day budget impasse, the longest such impasse in U.S. history. The economically devastating stalemate between Republican then-governor Bruce Rauner and the Democratic-controlled state legislature, triggered by hardball negotiation tactics, offers lessons to negotiators managing difficult negotiations.
An Agenda and a Condition
As Illinois politicians approached negotiations … Read More
Harborco All-In-One Curriculum Package Now Available!
Introducing a new way to go in-depth when teaching the most important negotiation concepts and to measure learning outcomes.
If you are new to teaching negotiation or are looking to go in-depth in teaching key concepts about multiparty negotiation, the Harborco All-In-One Curriculum Package will provide you with everything you need.
Harborco, one of the Teaching Negotiation … Read More
The Importance of Communication in Multiparty 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
Closing the Deal in Negotiations: A Gun-Safety Law Clears Congress
Against long odds, the U.S. Senate passed a bipartisan gun-safety bill that President Joe Biden signed into law on June 25, 2022. In the aftermath of mass shootings in Buffalo, New York; and Uvalde, Texas, 15 Republican senators were willing to make some concessions on their party’s steadfast resistance to gun-control measures. The behind-the-scenes maneuvering … Read More
Dear Negotiation Coach: Deal Structuring and Negotiating with “Bad Acts”
Deal structuring and negotiating can feel challenging in the best of situations. But when you’re dealing with “bad acts,” there are additional factors to consider when you structure your negotiation strategy. This is what one reader asked about when facing a deal to buy out a company. Here’s their question:
Q: I work for an international … Read More
Negotiation Research: When Many BATNAs Are Worse Than One
Negotiators are often taught that the more alternatives they have, the more fortunate they are. If it’s good to have one strong best alternative to a negotiated agreement, or BATNA, then it’s better to have many BATNAs, right?
Not necessarily, results from a study by Michael Schaerer of INSEAD and his colleagues show. In a series … Read More
Dear Negotiation Coach: How Can I Improve My Cross-Cultural Negotiation Skills?
Q: Because of the nature of my business, I regularly engage in negotiations across cultures—and the results can be disappointing. After recently losing an important deal in India, I learned that my counterpart felt I was rushing through our talks. I thought I was just being efficient with our time. How can I improve my … Read More
Job Negotiation Advice to Help You Succeed
One of the more interesting segues to job negotiation advice emerged from the December 2014 leaks of hacked Sony Pictures data and an e-mail revealing a young actress’s efforts to be paid on the same level as her male peers.
In a December 2013 e-mail to Sony Pictures cochair Amy Pascal, Columbia Pictures executive Andrew Gumpert … Read Job Negotiation Advice to Help You Succeed
Dear Negotiation Coach: Is There a Negotiating Strategy That Will Make Ideas Resonate?
Q: I’ve pitched many great ideas for change to my organization, but management never takes action on any of them. Even when my organization specifically requests ideas for new products or processes, it’s always a colleague’s idea that gets chosen over mine. Negotiators are good at persuasion. Do you have any tips to increase my … Read More
When First Offers Fail In a Negotiation
In negotiation, the party who makes the first offer often gets the lion’s share of the value. That can be due to the anchoring effect, or the tendency for first offers to “anchor” the bargaining that follows in its direction, even if the offer recipient thinks the offer is out of line.
Yet plenty of times, … Read When First Offers Fail In a Negotiation
Negotiating with the Enemy
Should negotiating with the enemy always be off the table? The 2014 Bergdahl exchange offers insights for negotiators who are deciding whether to do business with a known enemy.
On May 31, 2014 the White House made the surprise announcement that the Taliban had released Sergeant Bowe Bergdahl, the sole American prisoner of war in the … Read Negotiating with the Enemy
Dear Negotiation Coach: Can Negotiation Theory Help Us Understand Our Religious Identity?
Negotiation theory suggests you focus on interests, not positions; separate inventing from committing; invest heavily in “What if?” questions; insist on objective criteria; and try to build nearly self-enforcing agreements.
But what if the negotiation is with yourself, or about your own religious identity?
For example, what does it mean to be Jewish in America? What challenges … Read More
Dear Negotiation Coach: Can External Advisers Hinder a Problem Solving Approach?
There are numerous advantages to hearing from external advisers and experts in a high-stakes negotiation. However, when talks are at an impasse, limiting the negotiation to a small number of participants may be a more beneficial problem solving approach than including outside opinions.
This was at the heart of a recent question answered by Guhan Subramanian, … Read More
In Crisis Negotiations, Stay Rational Under Pressure
At the time, it seemed to be an example of coolheaded dealmaking in the midst of disaster. In 2009, hit hard by the 2008 financial crisis and changes in consumer preferences, U.S. automaker Chrysler was on the brink of collapse. The U.S. Treasury Department stepped in to run a crisis negotiation. In exchange for about … Read More
Dear Negotiation Coach: Plan Ahead for Negotiation Mistakes
We recently had a question about some common negotiation mistakes people make while they’re still preparing for a negotiation. Kessely Hong, Senior Lecturer in Public Policy and the Faculty Chair of the MPA Programs and the Mid-Career MPA Summer Program at the Harvard Kennedy School, took time to discuss these mistakes and steps we can … Read More
Howard Raiffa Taught Us About Decision-Making and Negotiation
If you’ve ever made a decision tree, engaged in risk analysis, or created a scoring system when preparing for a negotiation, you benefited from the work of economist Howard Raiffa, whether you realized it or not. And the decisions you’ve made in your negotiations likely have been far smarter as a result. After all, decision-making … Read More
In Business Disputes, Conflict Resolution Styles Can Make All the Difference
Business disputes don’t have to be antagonistic. Nor does litigation need to be the go-to method of solving conflicts. Thoughtful negotiation can often often result in an amicable solution. To see the difference between two different conflict resolution styles, take a look at two real-life copyright cases in the music industry.
Imagine that you’re an up-and-coming … Read More
For Hollywood Writers, a Heavily Negotiated Business Contract
In its negotiations for a new business contract with entertainment companies back in 2017, the Writers Guild of America (WGA) delivered at the bargaining table what many film and TV viewers crave onscreen: plenty of suspense and a hard-won, if imperfect, victory.
The WGA, which represents more than 12,000 film and TV writers, negotiated for seven … Read More
Dear Negotiation Coach: Assessing Good Negotiation Skills
One way to improve your negotiation outcomes is to review your past negotiations. Even if you already have good negotiation skills, there are always areas where you might improve. That could be said of even the best negotiators. But how can you objectively assess your own performance? Hal Movius, coauthor (with Lawrence E. Susskind) of … Read More
Adapting the BATNA for International Cultural Differences
The BATNA (best alternative to a negotiated agreement) concept, popularized by Roger Fisher, William Ury, and Bruce Patton in their book Getting to Yes (Penguin Books, third edition, 2011), has been disseminated all over the world and doubtless helped thousands avoid settling for less than what they want in negotiations. When you have identified your … Read More
Managing Negotiators? Avoid 3 Common Negotiation Mistakes
In 2019, face-to-face meetings between then U.S. president Donald Trump and North Korean leader Kim Jong-un, held in Hanoi, Vietnam, came to an abrupt end after Kim insisted that the United States lift all economic sanctions against his country in return for denuclearization. Trump refused and ended the talks, telling reporters, “Sometimes you have to … Read More
How To Counteract Deceptive Tactics in Negotiation
In the fall of 2017, Amazon created a stir when it announced it was taking bids from North American cities and regions interested in hosting its second headquarters, known as HQ2. Driven by the promise of 50,000 jobs and a $5 billion campus that Amazon promised would be the “full equal” of its main campus … Read More
New Negotiation Tactics for Your Multiparty Negotiation Toolkit
“Confessionals.” “Informal informals.” “Indabas.” Delegates from the 196 nations participating in the U.N. Climate Change Conference, held in Paris at the end of 2015, cycled through an eclectic variety of negotiating formats in their race to make binding commitments to lower greenhouse-gas emissions. According to media reports, the participants’ willingness to shake up the complex … Read More
When Hard Bargaining Wastes Valuable Time
The tragic accidental shooting of cinematographer Halyna Hutchins by actor Alec Baldwin on the New Mexico set of the indie movie Rust in October 2021 shone a spotlight on the potentially hazardous working conditions, long hours, and tight budgets that movie crews have long faced. Complaints about these and other issues were at the center … Read When Hard Bargaining Wastes Valuable Time
Emotional Leadership Can Have a Silver Lining in Negotiation
The negotiations that surrounded the 1962 Cuban missile crisis were some of the most tense and frightening in world history, and provide a high-profile example of emotional leadership. Having learned that the Soviet Union had deployed ballistic missiles to Cuba, the United States orchestrated a military naval blockade to prevent the Soviets from delivering more … Read More
Closing the Deal in Negotiations: Should “Deal” Be a Dirty Word?
When negotiators take a long-term approach to deal-making, the result is typically a win-win. Rather than simply trying to sign a contract on favorable terms, negotiators who discuss how those terms might play out over the life of the contract are more likely to set the partnership up for success. After all, when negotiators merely … Read More
Consensus Building on the Court?
When making decisions, groups often hold a simple vote and allow the majority to get its way. But groups that instead work to reach decisions through consensus building tend to reach agreements that are more stable, more efficient, and wiser than groups that make decisions through majority rule, write Lawrence E. Susskind and Jeffrey L. … Read Consensus Building on the Court?
Digitally Enhanced Simulation Packages – With Live Data Analytics
In-depth Teaching Materials with Real Time Data Analytics Designed to Enhance Teaching Negotiation
From the Teaching Negotiation Resource Center (TNRC) at PON, and iDecisionGames: digitally enhanced simulation packages designed to take your teaching to the next level.
The Enhanced Simulation Package from the TNRC and iDecisionGames brings a new, interactive learning experience to teaching negotiation. This easy … Read More
Dear Negotiation Coach: Negotiation Mistakes in Choosing the Room
In her book, The Art of Gathering: How We Meet and Why It Matters (Riverhead Books, 2018),Thrive Labs founder Priya Parker, a professional facilitator with a background in conflict resolution, argues that most of us just go through the motions when planning events, whether a dinner party, a conference, or a negotiation. The result is often … Read More
Business Skills: Make Concessions Strategically in Negotiation
Business negotiators generally understand that to get what they want from another party or parties, they will have to give something away. But what concessions should you offer in the deal-making process, and what form should they take? New research on concession making in negotiation offers tips to add to your repertoire of business skills.
Finding … Read More
Coping with Conflicts of Interest in an Offer Negotiation
This famous offer negotiation illustrates how negotiators and other decision makers sometimes have the difficult task of remaining impartial when facing a conflict of interest. The actions of the special committee of Dell’s board as the company’s CEO and founder, Michael Dell, moved forward with a leveraged buyout suggest precautions you can take when navigating … Read More
New Simulation on Negotiating the Future of Dams
Pearl River is a seven party, facilitated, multi-issue negotiation over the management of dams in a coastal basin.
Pearl River is a facilitated, multi-issue negotiation simulation for eight or nine participants about the management of five dams in the hypothetical Pearl River basin. This science-based negotiation simulation provides an opportunity for learning about and discussing larger-scale … Read New Simulation on Negotiating the Future of Dams
Dear Negotiation Coach: Are There Benefits To the Absence of Truth in Negotiations?
We hear a lot about the benefits of telling the truth in negotiations. But some negotiators find themselves struggling with the question of how trusting to be. Is there a benefit to mistrust in negotiation? Should you always assume your counterpart is telling the truth?
In negotiation, our outcomes depend in large part on our ability … Read More
Using Business Negotiation Skills To Move a Deal in your Favor
Performers have increasingly learned business negotiation skills and played an outsized role in shaping plays and musicals vying for a Broadway stage. In 2016, the original off-Broadway cast of Hamilton negotiated with the show’s producers to acknowledge their contributions to the hit musical by guaranteeing them a small share of the show’s profits.
With other actors … Read More
Dear Negotiation Coach: International Cultural Differences Around Trust
When choosing new business partners, we size them up to decide whether they are trustworthy. Interestingly, international cultural differences can influence the way in which we make such determinations, Jeanne Brett, Professor Emeritus of Management & Organizations at Northwestern University’s Kellogg School of Management, and Louisiana State University professor Tyree Mitchell found in a new … Read More
Effective Leadership: Learning from David Cameron’s Failed Brexit Negotiations
Leaders sometimes need to devote significant time to convincing a counterpart of the logic and appeal of their proposals. What happens when they need to persuade negotiators on opposite sides of an issue to see your point of view? Such situations highlight why negotiation is important in leadership, as effective leadership can require special skills … Read More
Negotiating Controversial Issues in Difficult Negotiations
When you’re trying to negotiate a hot-button issue in difficult negotiations, what’s the best approach to take? That was the question facing U.S. president Donald Trump as he and his administration attempted to convince the government of Mexico to fund a wall along the U.S.-Mexico border, in addition to negotiating other matters of concern to … Read More
Skills of Negotiation: Launching a Quick Campaign
Advice on how to negotiate a job offer often focuses on the candidate’s perspective, offering compensation negotiation tips and guidance on adding other issues to the discussion. But how can hiring organizations gain an edge when competing for star candidates?
The negotiation example of how Howard University lured Pulitzer Prize–winning journalist Nikole Hannah-Jones away from the … Read Skills of Negotiation: Launching a Quick Campaign
Compensation Negotiation Tips: Lessons from Broadway
Compensation negotiation tips often revolve around encouraging job candidates to ask for a higher salary and teaching them how to frame their salary requests. But negotiators who take a broader approach to evaluating a job offer may be able to set themselves up for much greater long-term earnings. A negotiation initiated by the original cast … Read More
Dear Negotiation Coach: Coordinating Teams to Get Everyone in the Same Frames
Q: I lead a team of approximately 50 lawyers in the in-house legal department of a Fortune 500 company. As our team gets larger, reflecting the company’s growth, I’d like to install quality-control measures to ensure that all our attorneys are effectively negotiating settlements when appropriate and taking cases to trial when not. What are … Read More
Dear Negotiation Coach: To Get Unstuck, Hire a Mediator
Most business people understand the value of using mediation to resolve conflicts, but did you know that professional mediators can help you reach an agreement during the dealmaking phase? Stephen Goldberg, professor emeritus at Northwestern School of Law, describes how you can hire a mediator to aid both parties in creating value at the negotiating … Read More
Q&A with William Ury, author of Getting To Yes With Yourself
Are You Your Own Worst Enemy?
We interviewed William Ury, co-founder of the Program on Negotiation, one of the world’s leading experts on negotiation, and bestselling author of Getting to Yes and Getting Past No, about his book, Getting To Yes With Yourself.
Great negotiators know that the path to resolution is not always linear but rather … Read More
Dear Negotiation Coach: When Time is Not Money at the Negotiation Table
Q: I have been doing a lot of business deals in the Middle East and elsewhere in Asia. With all due respect, negotiations seem to drag on and on in that part of the world. How can I negotiate effectively in this situation at the negotiation table?
A: You’ve picked up on a critical cultural difference that, … Read More
The Anchoring Heuristic: Anchoring for Maximum Effect
It’s said that you never get a second chance to make a great first impression, and that certainly can be the case in negotiation. A weak handshake or a gruff demeanor can color how we see someone for a very long time. Similarly, make an unambitious or poorly worded first offer, and you’re much less … Read More
M&A Negotiation Tactics: In Discovery-WarnerMedia Deal, AT&T Tries, Tries Again
It was a dramatic about-face. In mid-2018, AT&T finalized its $85 billion purchase of Time Warner after successfully fighting off U.S. government antitrust lawsuits. Just less than three years later, in May 2021, AT&T announced it was spinning off Time Warner, now known as WarnerMedia, after merger-and-acquisition (M&A) negotiations with media company Discovery. If approved … Read More
Bipartisan Agreement Proved Elusive in 2017 Immigration Negotiations
On September 5, 2017, President Donald Trump announced that in six months he would phase out Deferred Action for Childhood Arrivals (DACA), the Obama-era policy that has shielded from deportation about 800,000 people brought to the United States illegally as children. Members of Congress seeking permanent protections for the so-called Dreamers covered under DACA then … Read More
Dear Negotiation Coach: How to Negotiate Price and Start Off on the Right Foot
Do you know how to negotiate price? Is there a better way to approach this type of negotiation that differs from other negotiation strategies? In this week’s Dear Negotiation Coach column, we answer the question.
QUESTION
I’m trying to decide whether to make the first offer in a price negotiation. I’ve heard arguments in favor of both … Read More
Methods of Dispute Resolution: Building Trust in Online Mediation
Before the Covid-19 pandemic, mediators and other negotiation practitioners often insisted on meeting in person, convinced that online methods of dispute resolution lack “the human touch”—the warmth, energy, body language, and other subtle factors that build essential ingredients in conflict resolution, including trust, empathy, and rapport.
But when lockdowns and social-distancing restrictions took hold in the … Read More
Ask A Negotiation Expert: The Accidental Negotiation Expert
For 17 years, Katherine Shonk has been the editor of Negotiation Briefings. The author of two works of fiction (The Red Passport and Happy Now?), she is leaving her post after this issue to devote more time to her next novel and other editing work. Katherine will continue to share negotiation lessons in blog posts … Read More
Negotiation research you can use: The irrational impact of disappearing BATNAs
In negotiation, a strong best alternative to a negotiated agreement, or BATNA, is generally regarded as our best source of power. When we know we can walk away and get a great deal elsewhere, we’ll insist on an even better agreement at our current bargaining table. Our BATNA powerfully anchors our targets, first offers, and … Read More
How to Get a Great Deal When Trust is Low
Negotiators from Western cultures, such as the United States, tend to be trusting. They’re often open to sharing information with counterparts, and expect ideas to flow freely. But in many other cultures, negotiators tend to be less trusting and more cautious about sharing information about their interests.
Of course, there are many ways to build trust … Read How to Get a Great Deal When Trust is Low
Learning from crisis negotiations
In crisis negotiations, we typically face a number of difficult decisions. Should we try to negotiate on our own or team up with others with shared goals? Should we take time to drive a hard bargain or try to wrap up talks as quickly as possible? How can we account for uncertainty and risk in … Read Learning from crisis negotiations
Real Life Negotiation Lessons Learned from Fiction
When the COVID-19 lockdown began in March 2020—coinciding with his upcoming sabbatical—Harvard Business School professor Deepak Malhotra, a member of the Program on Negotiation Executive Committee, saw the perfect opportunity to try something new. The author of three previous books, he turned his hand to fiction, penning “The Peacemaker’s Code,” a thrilling novel grounded in … Read More
Entrepreneurship and Negotiation: Call for Papers and Proposals
The Negotiation Journal is Hosting a Virtual Conference for its Special Issue on Entrepreneurship and Negotiation
While negotiation and entrepreneurship scholars have traditionally worked in different circles, their work increasingly intersects as the two fields co-evolve. Both entrepreneurship and negotiation involve dynamic, strategic, interpersonal activities that seek to create and claim some form of value. Both … Read More
Advanced Negotiation Techniques: Negotiating Partnerships Online
As the Covid-19 pandemic took hold in the spring of 2020, mergers and acquisitions (M&A) ground nearly to a halt. Many believed it would be impossible to build the trust and rapport needed to form successful partnerships from a distance. But as social distancing restrictions dragged on, deal making took off. Global companies struck deals … Read More
Ask A Negotiation Expert: Negotiation Means Sometimes Having To Say You’re Sorry
An apology can be an essential means of repairing trust and rebuilding damaged relationships. Yet we don’t always apologize effectively, according to Jeswald Salacuse, a distinguished professor at the Fletcher School of Law and Diplomacy, Tufts University, and a faculty member of the Program on Negotiation at Harvard Law School. We spoke to Salacuse about … Read More
Making the best of pandemic-era deal disruptions
This past fall, three grown children set about helping their mother, Mina, find a memory care facility for John, their 85-year-old father. John’s previously mild dementia had progressed rapidly during the Covid-19 pandemic, to the point that he could no longer live safely at home.
John’s children gathered a short list of affordable long-term care facilities … Read Making the best of pandemic-era deal disruptions
Government Negotiations: Pfizer’s Rocky Road to U.S. Covid-19 Vaccine Deals
In late December, 2020, the Trump administration reached a $1.95 billion deal with pharmaceutical company Pfizer to purchase 100 million doses of the Covid-19 vaccine it had developed in partnership with German drugmaker BioNTech, enough to immunize 50 million people. It was the second such deal the parties had reached since the pandemic began to … Read More
10 Notable Negotiations of 2020
If there’s one thing that negotiators have practiced this year, it’s thinking on their feet. As our 10 notable negotiations of 2020 illustrate, the coronavirus pandemic left individuals, businesses, nonprofits, and governments trying to replace outmoded plans with more workable alternatives.
10 Notable Negotiations of 2020
10. Struggling to play ball. This year, sports leagues scrambled to … Read 10 Notable Negotiations of 2020
Diplomacy Examples in the Covid-19 Era
In 2020, grounded by the Covid-19 pandemic, international diplomats accustomed to traveling from capital to capital found themselves stuck in a never-ending stream of videoconferences. To take a number of diplomacy examples, the G7, the G20, the International Monetary Fund, and the World Bank all met online, reduced to tiny faces on a screen. The … Read Diplomacy Examples in the Covid-19 Era
Ask A Negotiation Expert: Spreading Negotiation Knowledge for a Better World
For 19 years, the Program on Negotiation (PON) at Harvard Law School has grown and thrived under the leadership of Managing Director Susan Hackley. As PON’s chief administrative and financial officer, Hackley has overseen all activities, including academic events, executive education, interdisciplinary programs, and publications, including Negotiation Briefings. Hackley, who has taught negotiation seminars around … Read More
Negotiating fruitful partnerships at warp speed
In the global pharmaceutical industry, companies often work in utter secrecy to be the first to bring moneymaking, lifesaving drugs to market. But when the novel coronavirus emerged in China in early 2020, many leading drugmakers quickly recognized that they would not be able to swiftly develop and mass- produce effective Covid-19 vaccines and treatments on … Read Negotiating fruitful partnerships at warp speed
Negotiation in the News: The NBA tries to make the best of another (projected) bad season
In negotiations across the world, financial troubles brought on by the Covid-19 pandemic have left parties squabbling over smaller and smaller pies. The silver lining? Negotiators may have little choice but to get a deal done, and awareness of this reality can motivate creative thinking and cooperation. Negotiating the terms of their upcoming season, the National … Read More
Overcoming Cultural Barriers in Negotiation: China and the Gold Rush Mentality
If Chinese culture favors insiders, it stands to reason that outsiders face an uphill battle.
In One Billion Customers: Lessons from the Front Lines of Doing Business in China (Free Press, 2005), business executive and Wall Street Journal bureau chief James McGregor writes of the 1996 attempt by Xinhua, the official Chinese news agency, to … Read More
Leveraging BATNA at the Dinner Table: Negotiate Your Way to Holiday Cheer
It’s the most wonderful time of the year, or so they say. As we look ahead to winter vacation and seemingly endless days of family celebrations, many feel a sense of dread, anticipating tensions and conflict as drearily predictable as overcooked turkey and practical gifts. Even those who look forward to family get-togethers often end … Read More
Integrative Negotiation: When Dividing the Pie, Smart Negotiators Get Creative
Typically, when parties are negotiating over a resource they both desire – whether fees, budgets, salaries, schedules, or staff – the process results in an uninspired compromise somewhere between their positions. Is it possible to avoid a compromise when negotiating tough distributive issues.
… Read More
How to Build a Relationship at the Bargaining Table During Business Negotiations
Coming together with negotiating counterparts at the bargaining table is a situation fraught with potential mishaps, all of which are compounded by the pressure to get the best deal a negotiator can for herself or her organization.
… Read More
Putting Your Negotiated Agreement Into Action
Normally negotiators focus on the deal-at-hand as well as those present at the negotiation table, neglecting other aspects of the negotiated agreement that would not only impact others outside of the room but also require their cooperation for the agreement’s success and viability.
… Read Putting Your Negotiated Agreement Into Action
A Win Win Negotiation Case Study Using Mind Mapping Negotiation Skills
A win win negotiation case study using mind mapping to discover your counterpart’s interests for collaborative, integrative negotiations can occur.
… Read More
In Contract Negotiation, Wise Business Negotiators Sweat the Small Stuff
What are business negotiators responsible for in contract negotiation? Many would say they’re in charge of building relationships and new business, crafting creative solutions, and fighting for the best deal possible. Few, however, would say they’re responsible for ensuring that the deal holds up well over time.
… Read More
Crisis Negotiation: The European Financial Crisis
Planning for crisis negotiation scenarios, particularly in international negotiations, can help negotiators develop strategies before a crisis emerges. Here are some of the negotiation strategies European central bank leaders uses during the financial crisis to help prevent a market collapse.
… Read Crisis Negotiation: The European Financial Crisis
The Importance of Negotiation for Female Negotiators: Women Should “Negotiate Hard”
When U.S. First Lady Michelle Obama was offered her first job after law school, it didn’t even occur to her to negotiate for a higher salary, she said in a recent interview in Parade magazine.
… Read More
Diagnose Your Negotiation Techniques and Negotiation Style
How would you describe your negotiation techniques or negotiating style? Are you a cooperative negotiator who focuses on crafting negotiated agreements that benefit everyone, or do you actively compete to get a better deal than your counterpart?
… Read More
Integrative Negotiations, Value Creation, and Creativity at the Bargaining Table
When life becomes routine we are more likely to overlook details or, conversely, we cannot see the forest for the trees. In both instances, what we may lack is a creative outlook on the situation at hand. In negotiations, creativity can lead to value-creation for both parties.
… Read More
Overcoming Cross-Cultural Barriers to a Negotiated Agreement: Negotiation Ethics and International Negotiations
Cross cultural negotiation examples provide insights into how negotiation techniques change depending on the context in which negotiators find themselves. As Professor Cheryl Rivers of Queensland University of Technology in Brisbane, Australia, points out in a recent negotiation research literature review, seasoned negotiators often hear stories about the unethical behaviors of people of other nationalities.
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Negotiation research you can use: When Criticism Helps— and Hurts—Brainstorming
There’s usually only one hard-and-fast rule for brainstorming sessions: Don’t be critical. So entrenched is the belief that negative feedback stifles creativity that at product- design firm IDEO, team facilitators have been known to ring a bell when a team member throws cold water on another person’s idea.
In negotiation and dispute resolution, the idea-generation stage … Read More
Will your business negotiation make it to the finish line?
This past summer, the White House and the pharmaceutical industry buckled down to negotiate a long-awaited deal aimed at lowering the price of prescription drugs for Americans. Both parties had strong motivations to reach an agreement: With the 2020 presidential election looming, President Donald Trump was eager to fulfill a campaign promise he’d made during … Read More
Learning from Crisis Negotiations
When businesses and industries are hit by an unforeseen disaster, they often need to quickly launch crisis negotiations and wrap them up as soon as possible. But time pressure can stifle essential elements of sound dealmaking, including rational thinking, perspective taking, and collaboration, while also promoting dysfunctional competition. Recent negotiations within industries facing crisis offer … Read Learning from Crisis Negotiations
The Winner’s Curse in Negotiations: How to Avoid It
These business negotiations – an auction and a negotiated acquisition – highlight both the promise and risks of high-priced purchases and the dangers of the winner’s curse in negotiation. Negotiators fall victim to the winner’s curse in negotiations when they over-compete (and overbid) for items in the pursuit of a “victory” at the bargaining table. … Read More
Techniques for Leading Multiparty Negotiations: Structuring the Bargaining Process
Imagine leading negotiations involving representatives from most of the world’s nations on a contentious topic such as sustainable development. Where would you start? How would you proceed when conflict emerged? How would you know when it was time to wrap things up?
… Read More
How to Negotiate with Difficult People: International Negotiation, and a Refusal to Communicate
Business negotiators sometimes face the difficult question of whether to negotiate with someone they believe to be immoral, untrustworthy, or otherwise undesirable as a negotiating partner. In his book Bargaining with the Devil: When to Negotiate, When to Fight (Simon & Schuster, 2011), Program on Negotiation chair Robert Mnookin offers negotiation advice on the complex … Read More
Conflict Management: The Challenges of Negotiating Online
Negotiation research suggests that e-mail often poses more problems than solutions when it comes to relationships, information exchange, and outcomes. Here is a case study of conflict management and negotiation about the challenges of building rapport with your counterpart when negotiating online.
… Read More
Navigating Business Relationships Using Negotiation
A three-year dispute between Starbucks and Kraft Foods over distribution of Starbucks packaged coffee in grocery stores was resolved in 2013 when an arbitrator determined that Starbucks had breached its agreement with Kraft and ordered the coffeemaker to pay the food giant $2.75 billion.
… Read More
Negotiating with Millennials – How to Overcome Cultural Differences in Communication
Negotiation training often focuses on bridging gaps between negotiators with different styles, backgrounds, or objectives, but what about overcoming generational barriers in negotiation? Generational differences need not stymie efforts at the bargaining table. In this segment from “Dear Negotiation Coach,” we explore how to overcome cultural differences in communication with members of the Millennial generation.
… Read More
MESO Negotiation Strategies and Negotiation Techniques
MESO negotiation techniques for negotiators include creating value at the bargaining table by identifying multiple proposals of equal value and presenting them to your counterpart simultaneously. By making tradeoffs across issues, parties can obtain greater value on the issues that are most important to them. But how can you be sure you’re making the right … Read More
In Employment Contract Negotiation, “No Haggling” Isn’t the Answer
Back in spring 2015, Ellen Pao, the former CEO of social networking and news website Reddit, revealed in an interview with the Wall Street Journal that her company had taken a bold move in its efforts to create an “equal opportunity environment for everyone” at the company. Specifically, Reddit no longer negotiates salary with job … Read More
Integrative Negotiation: Don’t Forget the Future When Negotiating
A town government and a private fuel-oil company have a standing contract that they have renewed for several years in a row. The contract is again up for renewal, and the town manager is under pressure from his constituents to reduce the city’s heating costs and avoid tax increases.
The city’s fuel-oil consumption has remained … Read More
Why Is Sincerity Important? How to Avoid Deception in Negotiation
Why is sincerity important at the bargaining table and how do negotiators avoid deception in negotiations? Your counterpart may not realize that her behavior is unethical, and even when she does, she may justify her behavior as being ethical in this particular case.
… Read More
Closing the Deal in Negotiations When Win-Win Seems Likely
Excerpted from the article “Will Your Negotiation Make It to the Finish Line?” in the December 2020 issue of Negotiation Briefings, the Program on Negotiation’s monthly newsletter of advice for professional negotiators.
When it comes to closing the deal in negotiations, agreements sometimes fall apart for good reason. If one or more parties realize they could … Read More
For Price Negotiators, Preparation is the Key to Success
Some cultures have a long tradition of haggling—bargaining back and forth about the price of an item—in markets and bazaars. By contrast, in the United States and many other countries, haggling between buyers and sellers is an under-practiced skill. You might routinely pass up opportunities to haggle in situations where financial negotiations are not the … Read More
Conflict Negotiation Skills for Broken Contracts
Amid the Covid-19 pandemic, many agreements—renting a concert venue, hiring workers for a new café chain, acquiring a company—became untenable or illogical overnight. But it’s not easy to exit a signed contract without risking a costly legal dispute. By sharpening our conflict negotiation skills, we can negotiate satisfactory solutions without ending up in court. One … Read Conflict Negotiation Skills for Broken Contracts
For Better Communication, Try Appreciation
Many professional negotiators have come away from talks wondering, How did that pleasant discussion turn sour? Why did the deal unravel at the last minute?
… Read For Better Communication, Try Appreciation
Understanding Your Counterpart’s BATNA
One of the most popular questions concerning negotiation strategy and an area of negotiation research that draws heavily on negotiation examples in real life is how do negotiators identify their BATNA, or best alternative to a negotiated agreement, and even better, how do they identify their counterpart’s BATNA? Consider the saga of a company that … Read Understanding Your Counterpart’s BATNA
Google’s Negotiations with Groupon: How Business Negotiators Can Maximize Value Claiming When Engaging in Integrative Negotiations
It seemed to be a match made in Internet heaven. In late 2010, Google made a $6 billion bid for Groupon, the Chicagobased company that emails daily coupon deals for local goods and services to consumers around the world. (If enough people sign up, the daily deal “tips,” meaning the coupons are issued; otherwise, the … Read More
Types of Power in Negotiation: Chaos Theory and Bargaining Scenarios
Among the many types of power in negotiation a negotiator can exhibit is an ability to exert control over the negotiation process. But what about those bargaining scenarios in which the negotiator unable to gain control of proceedings? How should she formulate her negotiation strategy?
… Read More
Break a Competitive Cycle with Win-Win Negotiation Strategies
Negotiators seeking to break through the mythical fixed-pie mindset can try the following three proven strategies, suggested by Max Bazerman for finding mutually beneficial tradeoffs.
… Read More
Negotiation in Business: Ignore Sunk Costs
Think about what your house, condominium, or some other valuable asset might be worth in today’s market. Did the price you paid for it affect your answer?
… Read Negotiation in Business: Ignore Sunk Costs
Overcoming Barriers to Agreement: How Dell Computer’s BATNA Informed Its Privatization Negotiations
In negotiation, your best source of power typically is your “best alternative to a negotiated agreement,” or BATNA. By cultivating appealing options away from the table, you free yourself up to walk away in the event of a disappointing deal.
… Read More
Leadership Styles in Crisis Negotiations
Since the start of the global economic recession in 2008, few issues have proven as explosive as the Greek debt crisis. The Greek government’s commitment to repay billions of dollars in loans has been a source of contention with creditors ever since a sizable bailout was issued in 2010.
… Read Leadership Styles in Crisis Negotiations
How to Negotiate Online
International negotiators are often faced with the problem of how to overcome cultural barriers to communication. When you communicate in person, social norms – including body language, manners, and physical appearance – guide your behavior and ease the process. Here are some tips on how to negotiate online and building a rapport with your counterpart … Read How to Negotiate Online
Negotiation Strategies: Bernie Sanders’ Pragmatic Approach to Negotiating in the Senate
When dealing with difficult people, we tend to expect them to be rigid negotiators who will walk away if they don’t get everything they want. But a gruff demeanor may not necessarily translate into a hard-nosed negotiating style.
… Read More
Business Negotiation Skills: Fairness at the Negotiation Table
Negotiation research sheds light on negotiator expectations of fairness and equality in negotiations. The negotiation skills advice contained here can help business negotiators more effectively craft agreements with their counterparts in business negotiations.
… Read More
Communicate Your Interests Behind the Deal
As integrative negotiations students know well, focusing on interests in negotiation has proven to be the most reliable way to create value and resolve conflicts. Experience indicates that communicating with your lawyers the motivations behind a deal or negotiated agreement is well worth the time.
… Read Communicate Your Interests Behind the Deal
How Hardball Negotiation Tactics Can Backfire
In negotiations and disputes, punishment and threats often seem like the only way to win concessions. But business negotiators would do well to remember how Time Warner’s gambit unfolded.
… Read How Hardball Negotiation Tactics Can Backfire
Ask A Negotiation Expert: Creating More Value—For All
In these difficult times, many of us are thinking about how to help make the world better, including in our negotiations. The good news is that we can do so without huge sacrifices, writes Max H. Bazerman, the Jesse Isidor Straus Professor of Business Administration at Harvard Business School, in his new book, Better, Not … Read More
Negotiation research you can use: When offers are more appealing than requests
In 2015, the government of Greece approached the European Union regarding a new bailout package by requesting a six-month loan extension. The request was rejected within five hours. Four months later, Greece offered new budget proposals in return for an extended bailout package. This time, the proposal led to agreement.
The anecdote begs the question, Do … Read More
In Online Negotiations, Can You Get A Word In Edgewise?
This past May, as a result of the Covid-19 pandemic, the U.S. Supreme Court began hearing oral arguments on conference calls rather than in person. To keep chaos in check, Chief Justice John Roberts imposed order on the typically freewheeling process of justices questioning attorneys representing both sides of a case: He began calling on … Read More
“Vaccine nationalism”: A lose-lose negotiation strategy
National governments across the globe face the challenge of securing enough doses of a safe, effective coronavirus vaccine when one or more become available. Many wealthier nations are taking a competitive approach to this challenge, jostling with each other to tie up deals with pharmaceutical companies for the most promising vaccine candidates. A coordinated global plan … Read More
Negotiation and Bargaining with Your BATNA in Mind
Experienced negotiators understand they should reject any deal that is inferior to their best alternative to a negotiated agreement, or BATNA. What is a BATNA in negotiation? Your BATNA is the best possible outcome you could get if you walked away from your current negotiation and bargaining situation. When negotiating at an auto dealership, for … Read More
Negotiation Techniques from the M&A World
Negotiators often have to deal with more than one party to reach their goals and often tailor their negotiation techniques towards this end. These negotiation scenarios pose unique challenges, yet most negotiation advice focuses on talks between two parties.
… Read Negotiation Techniques from the M&A World
Teaching Kids How to Negotiate World Peace
A few years ago, the Program on Negotiation Film Series screened “World Peace and Other 4th-Grade Achievements,” a documentary film that follows John Hunter, a public school teacher in Virginia, and his class of fourth graders as they play a highly interactive game called the “World Peace Game.“ Hunter invented this game to teach … Read Teaching Kids How to Negotiate World Peace
Integrative Negotiations: Using Social Proof as a Business Strategy
What do we do when we’re uncertain about how to behave in business negotiations? We study the behavior of others in similar situations.
… Read More
Implement Negotiation Training in Your Organization
Organizations across the globe spend many millions of dollars each year on negotiation training for their employees. This training can be in-house, led by consultants and other experts, or employees can travel to training programs at universities and elsewhere. After engaging in a couple of days of training, employees return to the office and attempt … Read More
Coming Up with Win-Win Solutions at the Bargaining Table
Even those who effectively engage in an integrative negotiations or mutual-gains approach to negotiation, a bargaining scenario in which parties work together to meet interests and maximize value creation during the negotiation process, can be stymied by the task of dividing up a seemingly fixed pie of resources, such as budgets, revenue, and time.
… Read More
International Negotiation Role Playing: Understanding the Theory and Practice of Systemic Peacebuilding
Policymakers, practitioners, and academics have seized on the need for peacebuilding negotiation strategies in international negotiation to be as complex and adaptive as the societies within which they work.
As a result, there are loud calls for “whole of government” or “whole of community” approaches that cross traditional sectoral boundaries. The problem is that these approaches are … Read More
Negotiation Ethics: How to Navigate Ethical Dilemmas at the Bargaining Table
After buying a new car, you’re eager to sell your old car. It looks well kept, but you had problems with the engine last winter. Now it’s late summer. Should you tell prospective buyers about the engine, which might or might not act up when the weather turns?
… Read More
Teaching with Video-Based Negotiation Scenarios
Access to multimedia content has rapidly increased throughout the world, with videos and short clips permeating our daily life. We are consuming, producing, and interacting with videos more now than ever before. In light of increasing video fluency and interest in using videos in education, the Program on Negotiation’s Teaching Negotiation Resource Center is creating … Read Teaching with Video-Based Negotiation Scenarios
The Right Way to Regulate Emotion in Negotiation
Emotional flooding – when strong, specific, and often negative feelings overwhelm us – poses obvious hazards to negotiators, who need to be able to think clearly when faced with the complex, strategically demanding task of creating and claiming value.
For this reason, emotional regulation can be an essential component of negotiation.
But different types of regulation create … Read The Right Way to Regulate Emotion in Negotiation
Women Negotiators and Barriers to the Bargaining Table
The barriers women negotiators face when negotiating for jobs and career advancement are well known: Women who ask for more money or better opportunities can face a backlash for violating traditional gender norms.
… Read More
How to Overcome Cross Cultural Barriers in Negotiation
How different cultural perspectives impact bargaining strategies at the negotiation table
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What is BATNA?
What is BATNA? Negotiations in which each counterpart has a best alternative to a negotiated agreement are scenarios in which the incentive to work together must exceed the value of alternatives away from the negotiation table.
… Read What is BATNA?
Ethics in Negotiation: How to Avoid Deception in Employment Negotiations
Ethics in negotiation can involve expectations of fairness, equity, and honesty but, sometimes, despite your best intentions, one or more of these four forces might lead you to behave unethically during job offer negotiations:
… Read More
Negotiation Techniques: How to Predict a Negotiator’s Decisions
Improving your negotiation skills can only take you so far – eventually you need to assess you behavior preferences as a negotiator. Being able to predict how you will behave in a given bargaining scenario will help you augment the negotiation training you have received as well as help you achieve better outcomes at the … Read More
Metaphorical Negotiation and Defining Negotiation Skills
Negotiators talk about building agreement, bluffing the opposition, and volleying offers back and forth. According to mediator Thomas Smith, careful attention to such metaphors can reveal deeper meaning beneath the explicit words that people use, notably regarding how they view the negotiation process and their relationship to one another.
… Read More
Negotiation Skills in Business Communication – Use Chaos to Your Advantage at the Bargaining Table
Some of the most successful negotiation examples that we have covered here include negotiators engaging in improvisation at the negotiation table, turning chaotic situations into advantages in negotiation scenarios.
… Read More
In Group Negotiation, Avoid a Turf Battle
In group negotiation, turf battles—heated conflicts over territory, control, rights, or power—are common. Department heads clash over scarce resources. Companies, community groups, and governments get tied up in lawsuits over undeveloped land. Across the globe, fishing groups have depleted fish stocks in their rush to catch the biggest share for themselves.
… Read In Group Negotiation, Avoid a Turf Battle
How to Use MESOs in Business Negotiations
It’s not uncommon in business negotiations to find yourself on the brink of impasse. You and your counterpart have exchanged a series of offers and counteroffers, and you’ve met somewhere close to the middle—but not close enough. With each side firmly rooted in its position, there may seem to be no way forward.
… Read How to Use MESOs in Business Negotiations
How Mood Affects Negotiators
What are social psychologists learning about the connections among emotions, negotiation, and decision making? Negotiation contributor Jennifer S. Lerner of Harvard Kennedy School and her colleagues have identified two critical themes. First, they have studied the carryover of emotion from one episode, such as a car accident, to an unrelated situation, such as a workplace … Read How Mood Affects Negotiators
Negotiation Strategies: Seek Advice from Others When Negotiating
Negotiation skills in business communication and seeking advice from others, what are the potential benefits? Advice seeking inherently employs multiple self-presentation tactics (including ingratiation, self-promotion, and supplication), it allows us to improve both our competence and our likability.
… Read More
Definition of the Winner’s Curse in Negotiations
The winner’s curse negotiations, when a negotiator overbids for an item due to competitive pressure or other non-value related factors, is a major pitfall that integrative bargainers should seek to avoid.
… Read Definition of the Winner’s Curse in Negotiations
The Angry Negotiator
Most negotiations require us both to compete to claim value and to cooperate to create value. The ability to move back and forth between these two goals is a critical—and difficult—skill. How do emotions affect value creation and claiming? Researchers Alice Isen and Peter Carnevale found that a positive mood leads to greater value creation. … Read The Angry Negotiator
Creative Use of Power in Negotiations: Avoid “Last Call”
In negotiation, power often comes from the ability to walk away from the bargaining table. But what should you do when walking away would mean giving up? Faced with this dilemma, the owner of a venerable New York bar came up with a solution just in the nick of time. The story highlights both the … Read More
Dealing with Difficult People: Lies, Lies, and More Lies
Are you facing a negotiator you don’t think you can trust? Here are five common types of deception you may come across when dealing with difficult people in a negotiation.
… Read More
Make the Most of Negotiation Skills Training
Across the globe, negotiation skills training has become a common activity in managerial life. Organizations often take steps to improve their managers’ negotiation skills and their ability to manage other negotiators by enrolling them in negotiation skills training programs.
… Read Make the Most of Negotiation Skills Training
Negotiation Case Study: Sincerity’s Power in Negotiation
Most of us have had the experience of delivering an apology that fell on deaf ears. When apologies fail to achieve their aims, poor delivery is usually to blame. The importance of sincerity in such a situation cannot be overstated, because if the recipient thinks your apology is less than sincere, she is unlikely to … Read More
Negotiation Games
Going to trial, it’s said, is like rolling the dice. In this article, we discuss what negotiators need to be aware of to avoid negotiation games before heading to the courtroom.
… Read Negotiation Games
Conflict Negotiation Skills for Ending Partnerships Peacefully
The process of dissolving a partnership can be wrenching, whether the split is undertaken by a couple, business partners, or an organization. But as many real-life examples of conflict resolution show, there are proven ways to calm the turmoil that often accompanies partnership dissolutions and set parties up for a hopeful future. Among conflict resolution … Read More
Mutually Beneficial Agreements: Tips for Creating Deals that Last
David Schwimmer, the actor who played Ross on the hit television comedy Friends, famously convinced the show’s five other leads in the early years of its run to negotiate their contracts with NBC as a team. The “mini union” formed by the actors ultimately helped them negotiate an unprecedented $1 million each per episode during … Read More
Win Win Negotiation: Different Cultures, Shared Meals
From movie moguls hammering out film deals in Los Angeles to publishers and agents assessing each other’s tastes in New York, the “power lunch” has become a familiar institution. Across the globe, negotiators often do business over shared meals, whether out of convenience or as part of a concerted effort to get to know one … Read More
Negotiation Update: Not playing at a theater near you?
Long before the Covid-19 pandemic, people increasingly were staying home to watch movies on streaming services such as Netflix rather than heading out to the local multiplex. Film studios and other content providers were eager to capitalize on the trend by shortening the traditional “three-month theatrical window”— the exclusive period of time that theater companies … Read More
Negotiation In The News: The Art of the Compromise
Planning is key in negotiation. That doesn’t mean memorizing a predetermined script, but being ready to roll with the punches. The negotiators who worked to transform the hit Broadway musical Hamilton into a feature film learned that lesson at a couple of different points in the process. Their resourcefulness—and ability to stand by their principles—should inspire … Read More
Negotiation research you can use: To build rapport, be a (subtle) copycat
When people spend time together, they often begin to unconsciously mimic each other’s nonverbal behaviors, such as their body language and facial expressions, and verbal behaviors, including words, expressions, and phrases. While being deliberately mimicked for laughs is annoying (ask any parent of young kids), people actually tend to like those who subtly mimic them better … Read More
Coping with Difficult Coworkers
At one time or another, most of us have found ourselves coping with difficult coworkers. We might experience flare-ups over workload, funding, or personality issues, to name just a few sources of workplace conflict. The experience of coping with difficult coworkers can be extremely stressful. The following conflict negotiation skills can help you address this … Read Coping with Difficult Coworkers
Value Creation in Negotiation: Be Better, Not Perfect
To reach better outcomes, negotiators learn to create value. Instead of only haggling over the cost of a service contract, they make tradeoffs with their counterpart on issues such as delivery, timing, duration, ancillary products, and so on.
We can apply these negotiation skills to achieve better deals not only for those at the bargaining table, … Read More
Culture in Negotiation: Preparing for International Negotiation
In his book How to Negotiate Anything with Anyone Anywhere Around the World, Frank L. Acuff advises readers to expect Germans to be reserved, hard bargainers who may be offended by personal questions and tardiness. Those negotiating with Chinese counterparts are cautioned to avoid direct questions and to prepare to make numerous concessions. And negotiators … Read More
Negotiation In The News: Gambling On A Better Outcome
For decades, spurred by the desire for millions in new tax revenues, Chicago mayors have tried and failed to win bipartisan support in the Illinois General Assembly for a casino in the city. After taking office in May 2019, Mayor Lori Lightfoot grabbed the baton and ran with it. And rather than giving up when she was … Read More
What’s so great about small talk?
This spring and summer, professional sports leagues scrambled to negotiate deals with players’ unions to start or resume their seasons with health, financial, and logistical accommodations for the Covid-19 pandemic. Most reached mutually agreeable deals, with some bumps in the road.
Then there was Major League Baseball (MLB).
As they tried to work out when the 2020 … Read What’s so great about small talk?
The Book of Real-World Negotiations: Successful Strategies from Government, Business, and Daily Life
From a life-and-death hostage situation to the Philippines peace process, Joshua Weiss gives us an insider look at the world’s most high-stakes deals to learn what works—and what doesn’t—in negotiation.
Most negotiations fail because the negotiators involved lack the confidence, strategic knowledge, and the basic techniques required to reach the most optimal deals possible. The result? … Read More
Negotiation and Conflict Management Styles
In negotiation and conflict management, we bring our unique personalities and styles to the table. A reserved, cautious person is likely to bargain differently than someone who is outgoing and proactive, for example. There is much we can do to improve our negotiation performance—such as preparing thoroughly and using proven persuasion strategies. But should we … Read Negotiation and Conflict Management Styles
Advanced Negotiation Techniques: Online Dispute Resolution
Amid the Covid-19 pandemic, negotiators are increasingly making deals and resolving disputes online. But a trend toward online dispute resolution (ODR) was already in the making before we all began to quarantine. On July 15, experts discussed how technology can help us effectively and efficiently resolve disputes in a roundtable discussion, “AI Agents Negotiating Deals … Read More
A Mediation Intervention in Chicago
A contract dispute in the spring of 2019 between the Chicago Symphony Orchestra (CSO) and its musicians led to a disruptive seven-week strike, the longest in the venerable orchestra’s 128-year history. An unexpected intervention by Chicago’s departing mayor drew the dispute to a harmonious finale—and illustrates the role of the mediation process in conflict resolution.
Negotiations … Read A Mediation Intervention in Chicago
Collaborative Leadership at the Louvre
When faced with conducting a series of negotiations with numerous counterparts, we often benefit from teaming up with colleagues. There’s much to learn about collaborative leadership from the deals that curators at France’s Louvre Museum conducted to secure loans of Leonardo da Vinci works for a major exhibit that opened in October 2019, as Kelly … Read Collaborative Leadership at the Louvre
A Global Leadership Vacuum During the Covid-19 Crisis
As the coronavirus outbreak in China exploded into an international pandemic, nations have largely struggled to confront Covid-19 in isolation rather than teaming up on global solutions. That “go it alone” approach has bred dysfunctional competition for scarce resources, a shortage of creative solutions, and enormous inefficiencies. Greater collaboration and coordination are needed to improve … Read More
Negotiation in the News: The best—and worst—of distance negotiations
Unable to meet in person as a result of the coronavirus pandemic, negotiators are forced to make the best of alternatives to face-to-face talks—with varied results. Here’s a roundup of some of the most notable negotiation successes and failures from the recent news.
Droning on and on?
As we reported in last month’s issue, dealmakers who are … Read More
In Times of Crisis, Collaboration Must Come First
In the best of times, negotiators thrive by striking a careful balance between cooperation and competition. Collaborating with our counterparts to create new sources of value, and then trying to claim a fair share of that value for our side, is typically a recipe for success.
In the worst of times, working with other parties to create … Read In Times of Crisis, Collaboration Must Come First
When deals fall apart
For investors and employees of office-space company WeWork, the April 1 news was no joke: Japanese conglomerate SoftBank, WeWork’s dominant shareholder, was reneging on an agreement to buy $3 billion of the company’s stock from them. A longtime financial backer of WeWork, SoftBank had agreed to the purchase as part of a bailout of the … Read When deals fall apart
Responsible Leadership in Times of Crisis
We often think of responsible leadership in terms of how decision makers help steward their organization and its employees through challenging times. But as is becoming increasingly evident during the Covid-19 pandemic, responsible leadership can also mean going above and beyond to help society at large. In a recent New York Times article, David Gelles … Read Responsible Leadership in Times of Crisis
Negotiating From a Social Distance
As the COVID-19 virus began to spread through the United States, Xerox CEO John Visentin announced on March 13 that the company was putting its hostile takeover of HP on hold in order to “prioritize the health and safety of its employees, customers, partners and affiliates over and above all other considerations.”
With health experts worldwide advising citizens … Read Negotiating From a Social Distance
Contract Renegotiation in a Time of Crisis
The COVID-19 pandemic has left many of us negotiating circumstances we never envisioned just months ago, from health crises to lost jobs to plummeting sales. Businesses of all sizes, in particular, are faced with the difficult task of contract renegotiation as a result of parties’ inability to meet current deal terms.
Unfortunately, contract renegotiation is much … Read Contract Renegotiation in a Time of Crisis
Videoconferencing in Business Negotiation
With face-to-face negotiations currently hazardous to our health, businesspeople across the world have switched to Zoom meetings, Skype calls, Google Hangouts, and other forms of videoconferencing. In addition to enabling social distancing, videoconferencing seems at first glance to have all the advantages of in-person meetings. It eliminates the costs of meeting face to face, including … Read Videoconferencing in Business Negotiation
Ask A Negotiation Expert: Network Building in the Middle East
A lack of effective communication has worsened ongoing conflicts in the Middle East. In 2014, regional stakeholders created the Negotiation Strategies Institute (NSI) to promote communication across disputing governments and other groups affected by the conflict. With the Harvard Negotiation Project (HNP) as its academic sponsor, NSI holds an intensive 10-month executive program each year … Read More
Should You Really Negotiate?
Imagine that you’re about to hire someone to provide a service—say, to repair your leaky roof, design a new website for your business, or cater a family event. When you receive a price quote, should you try to negotiate a better deal?
Conventional wisdom would answer with a resounding yes. Opening up price negotiations could very … Read Should You Really Negotiate?
Online Negotiation in a Time of Social Distance
Negotiation thrives on physical presence. Handshakes, eye contact, shared meals, and long meetings in stuffy conference rooms are everyday tools of the trade, and with good reason: Negotiators who meet in person reach better deals than those who negotiate online, research shows. Face-to-face meetings offer invaluable nonverbal and verbal cues, such as eye contact, body … Read Online Negotiation in a Time of Social Distance
Moving Online: Pedagogy in a Pandemic
While teachers and trainers around the world work to transition their courses into remote formats, we asked some of our experienced online teachers to share their experiences with the Teaching Negotiation Resource Center (TNRC) so as to provide insights to those who might be working to teach online for the first time.
Samuel “Mooly” Dinnar is … Read Moving Online: Pedagogy in a Pandemic
Business Contract Mistakes—and How to Avoid Them
When negotiating a business contract, parties are often so focused on reaching agreement that they don’t think enough about how the deal will unfold after the ink has dried. This type of short-term thinking leads to real problems down the road. The following three business negotiation tips can help you adopt a long-term perspective the … Read More
Successes & Messes: At Closing Time, Avoid “Last Call”
When your negotiating leverage seems to be nonexistent, you may need to enlist the help of an influential advocate. The owner of a venerable New York bar came to that realization just in the nick of time.
More than just a watering hole
Neir’s Tavern, which opened in the Woodhaven neighborhood of Queens in 1829, may be … Read More
Negotiating organizational breakups
For decades, the United Methodist Church (UMC) has grappled with internal disagreement over its doctrine on LGBTQ rights, which prohibits same-sex marriage and noncelibate gay clergy. Methodists in the United States, who comprise more than half of the church’s 12.5 million members, increasingly have found those positions untenable, particularly after the U.S. Supreme Court legalized … Read Negotiating organizational breakups
In BATNA Analysis, Knowledge Is Power
In negotiation, awareness of your BATNA, or your best alternative to negotiated agreement, is often your greatest source of power. What is a BATNA in negotiation? It can be thought of as the best back-up plan you can reasonably expect to achieve. Think of a solid job offer that you plan to accept if your … Read In BATNA Analysis, Knowledge Is Power
Political Negotiation and Beyond: How (and How Not) to Make Threats
What do you do when the other party won’t give you what you want in negotiation? If you’re U.S. president Donald Trump, there’s one tactic you’ll employ almost every time: Make a threat.
Trump is the only president in U.S. history to rely so heavily on threats in political negotiation and beyond, according to Gettysburg College … Read More
Negotiation in the News: Scrutinizing a Win-Win Deal
When trust between negotiators is low and rancor is high, they may have difficulty accepting a mutually beneficial deal even as it stares them in the face. As 2019 drew to a close, House Democrats were trying to come to terms with a renegotiated North American Free Trade Agreement (NAFTA) that checked off many important boxes … Read More
When High Prices Are a Bitter Pill to Swallow
There’s at least one thing that politicians as ideologically dissimilar as President Donald Trump and Senator Elizabeth Warren have agreed on: Prescription drug prices are too high in the United States. Americans pay about $1,200 per year, on average, for their medication, according to the Organization for Economic Cooperation and Development— about twice as much … Read When High Prices Are a Bitter Pill to Swallow
Negotiating beyond the finish line
It happens to the best of us: A critical negotiation comes to an impasse, and you’re crushed. Maybe your efforts to find a buyer for your business have been fruitless, your job contract is being terminated, or you’ve sat by helplessly as others negotiated decisions that could affect your health or well-being. Whatever the desperate situation may be, … Read Negotiating beyond the finish line
Successes & Messes: Sending a strong message on trade
For years, Donald Trump has complained that the United States is getting a raw deal in international trade negotiations. As president, he has tried to improve U.S. trade partnerships in different ways, with mixed results: Trump withdrew the United States from the Trans-Pacific Partnership entirely, renegotiated changes to NAFTA with Canada and Mexico, imposed punitive tariffs … Read More
Don’t get schooled in your next negotiation
Chicago mayor Lori Lightfoot, a former federal prosecutor and head of the Chicago Police Board, was elected in 2018 as a reformer calling for big improvements to Chicago’s chronically underfunded public schools, including smaller class sizes, and more nurses and social workers. One of Lightfoot’s first major challenges after being sworn in on May 20, 2019, … Read Don’t get schooled in your next negotiation
Best Alternative to a Negotiated Agreement: Beyond the Basics
What is your greatest source of power in negotiation? In their landmark negotiation book Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 1991), Roger Fisher, William Ury, and Bruce Patton write that it is often a strong BATNA, or best alternative to a negotiated agreement. Before and during their negotiations, wise negotiators determine their … Read More
Collaborative Leadership: Managing Negotiators
Organizational leaders, from middle managers to heads of state, often face the difficult task of overseeing mission-critical negotiations and managing individual negotiators and negotiating teams. Collaborative leadership—a focus on giving employees autonomy and a voice in key decisions—is often key to managing negotiators effectively.
We often overlook the important role of leadership in negotiation. But as … Read Collaborative Leadership: Managing Negotiators
Skills Needed for Negotiation: BATNA Analysis
Ask almost any real estate agent, and you’ll hear that homeowners often turn down decent offers in the hope of getting a better one that never materializes. Such miscalculations reflect the difficulty of assessing an uncertain BATNA, or best alternative to a negotiated agreement.
According to negotiation experts, the ability to accurately compare the deal on … Read Skills Needed for Negotiation: BATNA Analysis
Negotiation in the News: When “Mini-Deals” Are the Easy Way Out
Donald Trump campaigned for president in 2016 as the consummate dealmaker, vowing to renegotiate a new nuclear deal with Iran, forge new trade deals with countries ranging from China to Mexico to Japan, and reach creative agreements with the U.S. Congress. Nearly three years into his presidency, few of these promises have come to fruition. … Read More
Online Negotiation Strategies: Email and Videoconferencing
Online negotiation has become ubiquitous, as it allows us to negotiate across the miles cheaply and quickly. Yet online negotiation creates special challenges. With email, instant messaging, and text messages, negotiators typically lack visual, verbal, and other sensory cues to interpret how their counterpart is feeling. And while videoconferencing—via Skype, Google Hangouts, and so on—adds … Read More
Successes & Messes: Negotiating in reverse
To get what we want, we sometimes ask more powerful parties to intervene on our behalf. But what happens if they go off course? That’s the predicament automakers in the U.S. market find themselves in after asking the Trump administration to loosen fuel-economy standards for their vehicles.
Pedal to the metal
When Donald Trump became president in 2017, … Read Successes & Messes: Negotiating in reverse
Negotiating for a brighter future
For decades, the Colorado River has been in trouble. The river supplies water to 40 million people and five million acres of farmland in seven U.S. states and Mexico. But following 19 years of drought and population growth, the water levels of the river’s largest reservoirs, Lake Mead and Lake Powell, have sunk to record lows. … Read Negotiating for a brighter future
The Effects of Power in Negotiation
You might think that you’re entering a negotiation as the more powerful party, but those with considerable power often fail to take advantage of their privileged bargaining position. Meanwhile, negotiators who lack power routinely miss out on opportunities to gain leverage. To make the most of the power you have, it’s important to understand the … Read The Effects of Power in Negotiation
Diplomacy and Negotiation Skills Fall Short In U.S.-China Trade Talks
Among the many diplomacy and negotiation skills required in international negotiation, business negotiators need to be able to size each other up accurately, taking into account cultural, organizational, and other differences. To capitalize on the benefits of diplomacy, they also need to be able to present a united front. Those diplomacy and negotiation skills came … Read More
Get Beyond “Take It or Leave It”
“This is the best I can do. Take it or leave it.”
It’s a statement negotiators often dread, as it seems to leave us with a choice between two unappealing options: accept an offer we don’t like or walk away from the bargaining table. No matter which choice you make, an ultimatum appears to bring a … Read Get Beyond “Take It or Leave It”
Conflict and Negotiation Case Study: Long-Term Business Partnerships and Negotiated Agreements
To protect the future interests of their organization, negotiators sometimes must accept fewer benefits or absorb greater burdens in the short run to maximize the value to all relevant parties – including future employees and shareholders – over time.
Suppose that the operations VPs of two subsidiaries of an energy company are preparing to negotiate the … Read More
A Lesson from Turkey: Raise Your Profile in International Negotiations
Negotiators seek to raise their stature and increase their influence in international negotiations and other realms by serving as mediators and peacekeepers when conflicts emerge. To do so, they need to cultivate a reputation for impartiality or, at the very least, a willingness to listen to both sides.
… Read More
Body Language in the Negotiation Process and the Impact of Gender at the Bargaining Table
How important is body language in the negotiation process? Negotiators are often advised to engage in small talk before getting down to business.
… Read More
Fundamental Aspects of Negotiation: Setting the Table
In March 2018, U.S. president Donald Trump shocked even his own White House staff when he revealed that he had accepted an invitation to meet with North Korean leader Kim Jong-un. After months of name-calling and threats between Trump and Kim, the news that the two leaders would discuss the possibility of North Korea dismantling … Read More
Famous Negotiation Case: How Jamie Dimon Avoided Disaster
Sometimes your goal in negotiation is to improve your fortunes. But sometimes, as in this famous negotiation case, the best you can hope for is to lessen the fallout from past mistakes.
… Read More
Powerful Conflict Resolution Games to Help You Teach Negotiation
From complicated negotiation strategies to artful subterfuge, conflict resolution games are one of the very best ways to prepare for the challenges of real-world negotiation. Games that employ a Prisoner’s Dilemma structure (where rational parties may not cooperate despite their best interests) enable participants to analyze negotiations, make strategic decisions, and anticipate their counterpart’s next … Read More
International Negotiation Strategies
Negotiation researchers have reached many fascinating discoveries about how people negotiate, such as uncovering flaws in our decision making and identifying useful persuasion techniques. But a great deal of this research has been conducted in Western cultures, and particularly the United States, leaving open the question of whether the results—and the advice they inspire—apply across … Read International Negotiation Strategies
Negotiation Research and Improving Your Negotiation Techniques: The Similarity Effect in Business Negotiations
Negotiators mimic the behaviors of those they consider peers. What implications does this have for negotiating styles at the bargaining table? To build rapport, social science and negotiation research advise to bargainers to look for common ground.
… Read More
Effective Negotiation Behavior: Are You Consistent?
We might hope that when we adopt effective negotiation strategies—such as spending lots of time preparing and asking questions at the table—we would achieve consistently strong results in our negotiations. Yet as most of us have experienced, our outcomes and personal satisfaction can vary a great deal from one negotiation to the next. Why? Likely … Read More
How Body Language Affects Negotiation
Experts typically advise us to study our counterparts’ body language in negotiation and to be aware of our own body language. What, exactly, can we learn from others’ nonverbal behavior? And how can we modify our own nonverbal behavior to increase our negotiation success? We analyze three scenarios to help you understand how body language … Read How Body Language Affects Negotiation
Must-Read Negotiation Books for 2019
The year 2017 offered plenty of negotiation hits and misses in the realms of government, business, and beyond. To avoid failed negotiations in 2018, politicians, business leaders, and the rest of us would be wise to explore the following recent negotiation books, which can help steer us through our most difficult negotiating dilemmas:
… Read Must-Read Negotiation Books for 2019
Negotiation Research You Can Use: Should you tell them a story?
Salespeople and advertisers have come up with a range of persuasion strategies that help close deals, from alluding to a product’s popularity to prompting concessions by offering potential customers “free gifts.” These strategies and others have proven useful for business negotiators who are trying to shine the best light on their offers.
Another effective strategy can be … Read More
Negotiation in the news: From partner to pariah: The changing fortunes of Mohammad Javad Zarif
When preparing for high-stakes negotiations, organizations must decide who should lead their teams. That choice can be a difficult one, especially when trust between parties is low. Should you choose someone who will be a tough loyalist for your positions or someone who seems more capable of building bridges?
When the Obama administration and the government … Read More
Maximizing Attention In Negotiation
The New York state Assembly and Senate are on a roll. They’ve approved 935 bills this session, 50% more than in recent years and the highest number since 2006, according to the New York Public Interest Research Group. With a wave of progressives enabling Democrats to control the state Senate for the first time since 2010, … Read Maximizing Attention In Negotiation
Intercultural Negotiation: Does the BATNA Concept Translate?
When should you walk away in negotiation? That’s a common question that negotiation experts pose of professional negotiators. We are typically advised to walk away from the bargaining table when we haven’t been able to get a better deal than we can get elsewhere. But in intercultural negotiation, particularly in international negotiation in certain countries … Read More
Professional Negotiators: Give Texts a Chance
Do you negotiate via text? If you’re a young person early in your career, your answer may be an emphatic yes. If you’re a little older, maybe you answered no. Even so, if you took a closer look at the saved text messages on your smartphone, you might find you’ve recently negotiated the division of … Read Professional Negotiators: Give Texts a Chance
Teach Your Students Cross-Cultural Negotiation
As our world grows increasingly interconnected, we are more likely to find ourselves negotiating in a cross-cultural context. The diverse makeup of many societies and global nature of business today make cross-cultural negotiation a regular part of life. Also, unfortunately, many major disputes in need of resolution cross ethnic and cultural lines. Furthermore, it is important … Read Teach Your Students Cross-Cultural Negotiation
Creating Value in Negotiations through Word Choice
When the delegates from the Group of 20—the world’s 20 largest economies, or G20—met in Buenos Aires, Argentina, in December 2018 to negotiate reforms to the global trading system, the words they didn’t use turned out to be just as important as the ones they did when it came to creating value in negotiations.
… Read More
Negotiation in the news: Power trip: For New York’s real estate industry, a shocking defeat
When negotiators are accustomed to getting their way, they tend to rely on the same tried-and-true bargaining tactics—and fail to notice when they’ll no longer work. That’s the lesson New York City’s real estate industry was
forced to absorb in June after the newly Democratic-controlled legislature in Albany announced a landmark deal to strengthen the state’s rent … Read More
Role Play Simulations to Help You Become a Better Mediator
When opposing parties cannot come to a satisfactory resolution, a strong mediator can make all the difference. By effectively examining the issues at hand and helping parties identify creative solutions, a well-trained mediator builds consensus where there once was none.
To help professionals learn the art of mediation, the Program on Negotiation’s Teaching Negotiation Resource Center … Read More
Negotiation Case Studies: Teach By Example
There are good negotiators and there are great ones.
Once a year, the Program on Negotiation at Harvard Law School selects an outstanding individual who embodies what it means to be a truly great negotiator. To earn the Great Negotiator Award, the honoree must be a distinguished leader whose lifelong accomplishments in the field of dispute … Read Negotiation Case Studies: Teach By Example
Hostage Negotiation Techniques for Business Negotiators
What do FBI hostage negotiation techniques and business dealmaking have in common? Not a lot, we might assume. In workplace talks, lives are rarely at stake, and tensions seldom escalate into violence. Yet dig a bit deeper, and similarities emerge: just as in a crisis negotiation, business talks can be highly charged, unpredictable, and emotional.
In … Read More
10 Notable Negotiations
In 2016, political dealmaking and corporate mergers took center stage. We look back on some of the most notable of these negotiations, which offer significant lessons to professional negotiators.
… Read 10 Notable Negotiations
Learning From Negotiation Role-Plays
It’s a familiar practice in negotiation training: Students are divided up and assigned to engage in role-play exercises known as simulations. Each person reads confidential information about her role, the two (or more) players get together and negotiate, and then the class reconvenes to debrief the experiences.
Simulation took root as a common method for teaching … Read Learning From Negotiation Role-Plays
Effective Negotiation Techniques: Strive for a Precision Advantage
As you may have noticed, the first offer made in a negotiation often has a significant influence on the final outcome. In their research, psychologists Daniel Kahneman and Amos Tversky documented that the first number introduced in a negotiation serves as an “anchor” that can be impossible to ignore—no matter how irrelevant, outrageous, or insulting … Read More
Managing Cultural Differences in Negotiation
It’s important to educate yourself about your counterpart’s culture so that you don’t risk offending her or seeming unprepared. At the same time, it would be a mistake to focus too narrowly when preparing for cross-cultural communication in business. Research on international negotiation can help us think more broadly when it comes to managing cultural … Read Managing Cultural Differences in Negotiation
Negotiation Exercises to Help Your Students Avoid Cross-Cultural Pitfalls
Avoid cross-cultural misunderstandings with these negotiation exercises
It’s no secret that communication and negotiation etiquette varies widely across cultures. In France, for example, it is rude to talk money over dinner, while in Brazil the American ‘A-OK’ gesture (thumb and forefinger forming a circle) can be a major insult.
The increasingly diverse and global nature of business … Read More
Making Business Deals that Thrive Across Cultures
The 1998 merger of German automaker Daimler-Benz and the American Chrysler Corporation at first seemed like a match made in heaven, but the honeymoon wore off as the two cultures that made up DaimlerChrysler began to clash. The Americans’ informal behavior, such as using first names rather than titles, made the Germans uncomfortable, while the … Read Making Business Deals that Thrive Across Cultures
Deal-Making Techniques for When You Feel Powerless
In negotiation, we’re often advised that our most important source of power is our best alternative to a negotiated agreement, or BATNA. If we feel powerless when making business deals, it’s often because we don’t have a strong alternative if the current deal falls apart or fails to meet our needs. Thus, the key to … Read More
Negotiate a Deal that Lasts
When trying to negotiate a deal with a potential business partner, you need to come up with a plan for ensuring the two sides will mesh rather than clash. Facebook’s leaders and WhatsApp’s founders appeared to skip that vital step when negotiating the social media giant’s purchase of the text-messaging app in 2014—an oversight that … Read Negotiate a Deal that Lasts
Negotiation research you can use: Why displays of anger can backfire
When negotiators get angry, their counterparts often snap to attention, research shows. We tend to perceive negotiators who appear angry as hard bargainers, and thus make lower demands of them and offer them higher concessions than when dealing with happy opponents, University of Amsterdam professor Gerben A. Van Kleef has found in his research.
Sensing this, negotiators … Read More
When Your Words Push Their Buttons
After 11 days of peace talks at a resort in Doha, Qatar, in March, U.S. and Taliban negotiators had reached significant breakthroughs, but a final agreement remained frustratingly distant, the New York Times reports.
The two sides had agreed in principle on a framework for the withdrawal of American troops from Afghanistan. In the 18 years since … Read When Your Words Push Their Buttons
Contract Dispute Resolution: Surviving Costly Conflict
We tend to enter new business partnerships and ventures with a great deal of optimism and excitement. Yet ventures that held so much promise often end up dissolving into costly legal disputes and contract dispute resolution efforts.
Formal contracts offer a method for reducing the risks of new partnerships and clarifying commitment in negotiation, but negotiators … Read More
Business Negotiation Solutions: To Eat or Not to Eat?
We’ve all shared a meal with a negotiating counterpart at one point or another, whether a business lunch, a working dinner, or sandwiches in a conference room. What are the advantages and potential pitfalls of combining food and drink with negotiation? Here, we offer business negotiation solutions for those who are trying to decide whether … Read More
Handling Difficult People: The Antisocial Negotiator
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
Conflict-Solving Strategies: The Value of Taking a Break
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
Negotiation Strategies for Dealing with Spoilers
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 Negotiation Strategies for Dealing with Spoilers
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 Building Trust in Negotiations
Win-Win Negotiation Techniques: Create Value with Rivals
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
Corporate Negotiation Pitfalls: The Case of Facebook
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
Claiming Value in Negotiation: Do Extreme Requests Backfire?
Negotiators often wonder how they can get the biggest slice of the pie when claiming value in negotiation. Certain deal-making techniques can be useful, such as the well-known “foot in the door” technique, which is designed to get people to comply with a large request by securing their agreement to a smaller one first, and … Read More
Case Study of Business Negotiations and Deal Making: Giving Voice to Negotiators Away from the Bargaining Table
Sometimes negotiators focus too much on the bargaining session at hand, to the detriment of bargainers away from the negotiation table, a group whose concerns and input is just as valid as those of the negotiators themselves. Here are some negotiation tips to help make sure your bargaining strategies include the voices and concerns of … Read More
Negotiation Techniques and Tactics: Power Plays
Imagine you’re a chef who is having trouble finding cooks in an oversaturated restaurant market. You’re so desperate to get fully staffed that you find yourself making significant concessions on salary, scheduling, and other issues during interviews with potential hires.
… Read Negotiation Techniques and Tactics: Power Plays
In business negotiation, get your words’ worth
Wise negotiators put a lot of time and effort into making sure they’re ready to do business. They set ambitious goals, research their bottom line, explore their alternatives, and find out as much as they can about their counterpart. They may give less consideration, however, to the words they’ll use to persuade, question, debate, and brainstorm … Read In business negotiation, get your words’ worth
Thoughts from Dan Shapiro, Director of the Harvard International Negotiation Program, on the Government Shutdown
This week, Dan Shapiro, Director of the Harvard International Negotiation Program, was quoted in The Christian Science Monitor speaking President Trump’s negotiation style, and how he may get better results through interest-based negotiation. “The basic idea here is, let’s not focus on positions, or what each side says they want: ‘I want a wall;’ ‘Well, we’re … Read More
Business Negotiation Solutions: Coping with Low Power
In business negotiations, a little power is better than none at all, right? After all, if talks with a prospective client fail, we’d rather have a few unpromising leads to turn to rather than none.
… Read More
Negotiation in the news: “Victim” of Banksy’s prank laughs all the way to the bank
They say negotiation is an art, and that certainly was the case on October 5, 2018, when the mysterious artist known as Banksy turned a Sotheby’s auction into a clever—and very expensive—piece of performance art.
Drawing a crowd
An anonymous and highly celebrated street artist, British-based Banksy is known for his subversive graffiti and cheeky pranks, such as … Read More
Negotiation research you can use: Recovering from adverse events in negotiation
When setbacks arise in negotiation— from a take-it-or-leave-it offer to a walkout to an unexpected economic downturn—we’re faced with several choices. We can end the negotiation temporarily or permanently, we can double down and escalate conflict and competition, or we can see the setback as an opportunity for growth. By training ourselves to take this last … Read More
4 Negotiation Tactics Robert Kraft Used to End the NFL Lockout
Robert Kraft, owner of the New England Patriots, was by all accounts a major factor in getting the NFL collective bargaining agreement signed earlier in October 2011. To do so, Kraft employed four key negotiation tactics to help the players and owners come to a “win-win” solution.
… Read More
Teach Coalition Management in Multiparty Negotiations
Multiparty negotiations can be difficult to manage if you are unprepared for the formation of coalitions. Two-party and multiparty negotiations share some important similarities: the goal of discovering the zone of possible agreement, for example. However, there are some key differences that set them apart. As soon as the number of parties increases past two, … Read More
Videoconferencing: A Win-Win Negotiation Strategy?
It used to be that when negotiating counterparts were located far apart, someone would need to travel if the parties wanted to do business face-to-face. These days, you only need to set up a videoconference on an app such as Skype or Google Hangout to interact in real time.
… Read More
Negotiation in the news: How Jeff Flake went from “Yes” to “Maybe not” (and back to “Yes”)
On the morning of September 28, Republican senator Jeff Flake of Arizona announced he would vote in favor of U.S. Court of Appeals judge Brett Kavanaugh’s nomination to the U.S. Supreme Court. A week later, on October 6, Flake did just that. But in between those two events, the intervention of two protestors and a Democratic … Read More
Negotiate Business Contracts that Last
After engaging in the complex process of business negotiation, business negotiators are often happy to pass off the technicalities of deal drafting to their attorneys. Unfortunately, this handoff is prone to errors. Vague, contradictory, and missing deal terms are not uncommon, and they can lead to serious problems during the implementation stage, according to Harvard … Read Negotiate Business Contracts that Last
ESL Negotiation: Avoid Confusion and Conflict
“The language of international business,” a British executive once said to Tufts University professor Jeswald Salacuse, “is broken English.” The observation is rooted in the fact that most international business and diplomacy is conducted in English, Salacuse writes in his book Negotiating Life: Secrets for Everyday Diplomacy and Deal Making (Palgrave Macmillan, 2013).
… Read ESL Negotiation: Avoid Confusion and Conflict
Teaching Negotiation Videos – All Downloadable!
Have you been energized by the unique “aha” moment students experience when negotiation videos are used in their class? Us too!
… Read Teaching Negotiation Videos – All Downloadable!
The Anchoring Bias Can Get Talks off to a Strong Start
Should you make the first offer in a negotiation? Typically yes, abundant research on the anchoring bias suggests. What is anchoring in negotiation? In negotiations centered on price or another figure, the party who moves first typically benefits by “anchoring” the discussion that follows on her offer—even if the anchor is arbitrary. For example, the … Read More
Shades Israel Fellows Walk the Abraham Path Together
On June 5, 2013, Shades Israeli and Palestinian fellows walked the Abraham Path in Israel’s Negev on a guided tour organized by PON Senior Fellow Shula Gilad, visiting Jewish and Arab villages on the route, learning about the Abrahamic tradition of the societies, their current challenges and success. As is the case for others who … Read More
In This Greece Crisis Negotiation, Tough Conditions May Have Affected the Deal
During a crisis negotiation, all that may seem to matter is reaching a deal as quickly as possible. The desire to head off a disaster may lead crisis negotiators to forego the usual comforts of life, such as sleep, in their single-minded pursuit of their goal.
… Read More
Most Startups Fail. But Yours Doesn’t Have To.
We recently interviewed Samuel Dinnar—instructor at the Program on Negotiation at Harvard Law School, global entrepreneur, and strategic negotiation advisor—about his new book, Entrepreneurial Negotiation: Understanding and Managing the Relationships that Determine Your Entrepreneurial Success. In this insightful book, Dinnar and Susskind delve into the reasons why entrepreneurs fumble key negotiations—and what they can do … Read Most Startups Fail. But Yours Doesn’t Have To.
Learn How to Detect Lies in Negotiation
Whether we like it or not, negotiators often lie. Researchers have found that while most of us are generally aware of this fact, few of us are adept at detecting actual lies in negotiation.
In two studies, Maurice E. Schweitzer and Rachel Croson of the Wharton School at the University of Pennsylvania move beyond the challenge … Read Learn How to Detect Lies in Negotiation
Try to Avoid the Winner’s Curse When Negotiating
In a winner’s curse negotiation scenario, the winner may often find herself on the losing end of the deal. Ever win something you wanted, then realize too late you got a raw deal? Here’s how to recognize when backing away is your best bet in a negotiation.
… Read Try to Avoid the Winner’s Curse When Negotiating
A Contingent Agreement Can Allow Negotiators to Agree to Disagree
Negotiators often try to overcome their differences of opinion about how future events will unfold through persuasion techniques. A more fruitful approach might be to “bet” on your differing views with a contingent agreement. By adding incentives or penalties based on future performance to your contract, you protect both parties against risk.
… Read More
Negotiation Update: At Last, Illinois Lawmakers Agree on a Budget
In negotiation, impasse isn’t necessarily a bad thing. If parties conclude they can’t get what they want from each other, it’s in their interest to walk away and seek out other negotiating partners.
But in negotiations in which parties have only each other to deal with, impasse can be not only inefficient but also nonsensical. That … Read More
Need Some Negotiating Help? In the future, ask your phone
Today, many people use “virtual assistants,” such as the iPhone’s Siri or Amazon’s Alexa, to perform simple tasks and provide answers to straightforward questions. So-called chatbots, or bots, grease the wheels of everyday life by giving directions, looking up arcane facts, providing customer service, and much more. The best bots can also carry out lengthy conversations … Read More
Negotiation in the news: When forging new partnerships, get the fit right from the start
Organizations planning a merger need to come up with a concrete plan for ensuring they’ll mesh rather than clash. Facebook’s leaders and WhatsApp’s founders appeared to skip that vital step when negotiating the social media giant’s purchase of the text-messaging app in 2014—an oversight that led to mounting frustrations on both sides and, ultimately, a decisive … Read More
When Conflict Becomes a Self-Fulfilling Prophecy
When one party brings up the possibility of a lawsuit in a business dispute, the threat can become a self-fulfilling prophecy. Yet business negotiators often benefit from settling their disputes before going to court, write Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello in their book Beyond Winning: Negotiating to Create Value in … Read When Conflict Becomes a Self-Fulfilling Prophecy
Conflict Management: A Creative Approach to Breaking Impasse
Suppose that you and your negotiating counterpart become deadlocked after exchanging a series of offers and counteroffers. With each of you anchored on very different positions, you can’t seem to find a solution that pleases you both.
… Read More
Teach Your Students to Manage Two Party and Multiparty Negotiations
Check Out Our Bestselling Two Party and Multiparty Negotiation Simulations
More than just the increased number of parties at the table, there are key differences in how negotiators manage two party versus multiparty negotiations. Power disparities can be exacerbated in two party negotiations, however the opportunities for option generation can also be increased. The formation of … Read More
How to Write a Contract that Lasts
Joint ventures, strategic alliances, purchasing agreements, and other types of partnerships between organizations often begin with a great deal of promise—and a hefty amount of risk. Serious misunderstandings and opportunistic behavior are relatively common in such relationships. Formal contracts offer a method for reducing such risk, but negotiators and their attorneys are often unsure about … Read How to Write a Contract that Lasts
Negotiation Training with Heart
In typical negotiation skills training, we are taught to get beyond our emotions and look at situations rationally. There’s merit to this approach, of course, as feelings can cloud our judgment. But consider what Lieutenant Jack Cambria, who retired in August as the longest-running head of the New York Police Department’s (NYPD’s) hostage negotiation team, … Read Negotiation Training with Heart
Setting the right table
On March 8, U.S. president Donald Trump shocked even his own White House staff when he revealed that he had accepted an invitation to meet with North Korean leader Kim Jong-un. After months of name-calling and threats between Trump and Kim, the news that the two leaders would be discussing the possibility of North Korea dismantling … Read Setting the right table
Teach Crucial Leadership Skills
A Crisis Creates a Leadership Vacuum
A publicly traded company on the NYSE with a reputation for business savvy and lucrative deal making is caught in a morally questionable situation that threatens the very future of the firm. As the dust settles, the CEO, on whose watch the scandal occurred, is forced to step down. Word … Read Teach Crucial Leadership Skills
Deal Design: Strategies for Complex Dealmaking
As experienced negotiators well know, the more parties involved in a negotiation, the more difficult it often is to come to agreement, due in part to the logistical challenge of making sure each voice is heard. Yet multiparty negotiation offers considerable benefits. Most notably more opportunities for making tradeoffs and creating value in negotiation than … Read Deal Design: Strategies for Complex Dealmaking
Deflated by your deal? Get them back to the table
According to U.S. president Donald Trump, trade pacts forged by past American presidents have left the nation with a slew of raw deals. To reduce trade deficits, the president announced on March 1 that he would be imposing tariffs on imported steel and aluminum, a move that would impact China, Europe, and Canada in one … Read Deflated by your deal? Get them back to the table
Learn from the Best with the Great Negotiator
No one can provide perspective on conflict resolution like experts who have been involved in some of the world’s most complex negotiations. Since 2001, the Program on Negotiation (PON) has bestowed the Great Negotiator Award upon distinguished leaders whose lifelong accomplishments in the fields of negotiation and dispute resolution have had compelling and lasting results.
The Great … Read Learn from the Best with the Great Negotiator
Family Business Conflict Resolution and Negotiation
Business transactions between family members and friends can be difficult. Close ties are generally founded on the expectation that we’ll look out for each other’s welfare and not “keep score.” In business relationships, by contrast, we expect to be compensated based on how much effort, time, and money we expend. We’re likely to experience a … Read More
Negotiation research you can use: “Twinning” at negotiation: Using similarities to measure our differences
We might hope that when we adopt negotiation best practices—such as spending lots of time preparing and asking questions at the table—we would achieve consistently strong results in our negotiations. Yet as most of us have experienced, our outcomes and personal satisfaction can vary a great deal from one negotiation to the next. Why?
First, individual … Read More
How Chaos at the Bargaining Table Can Help Negotiators Reach Agreement
Here are some examples of negotiation situations in which chaos at the bargaining table works to the negotiator’s advantage. Whether conducting business negotiations involving commercial transactions or personal disputes with a friend, the following negotiating skills and techniques can be used.
… Read More
Managing Faultlines in Group Negotiations
Group negotiations are a fact of managerial life, yet the outcomes of teamwork are highly unpredictable. Sometimes groups cohere, reaching novel solutions to nagging problems, and sometimes infighting causes them to collapse. How can you predict when conflict will emerge in groups, and what can you do to stop it?
Dora Lau of the Chinese University … Read Managing Faultlines in Group Negotiations
Deal Design Guidelines: Set Yourself Up for a Better Deal
Without realizing it, we leave many of our most important decisions in negotiation up to chance. When talking to a potential negotiating partner, we may assume that we have met the best person possible to do this particular deal. We make tacit assumptions about whether we’ll negotiate in person, what we’ll discuss, how long the … Read More
Teach Your Students Negotiation Psychology
The negotiation psychology of the parties at the table can contribute significantly to the likelihood of reaching an agreement. In Beyond Reason, world-renowned negotiator Roger Fisher and psychologist Daniel Shapiro advise “ignore emotions at your own peril. Emotions are always present and often affect your experience. You may try to ignore them, but they will not … Read Teach Your Students Negotiation Psychology
For Better Negotiation Training, Study the U.S. Government’s Mistakes
Business professionals seeking to improve their negotiation training can learn a great deal from the mistakes made in newsworthy negotiations.
To take one recent example, Steven M. Davidoff of the New York Times’ “DealBook” recently analyzed how the U.S. governments rushed negotiations to save U.S. automaker Chrysler led to a costly long-term problem.
… Read More
Negotiation Training: Turning the Lows of Colorado’s Marijuana Laws into Highs
In negotiation courses, trainees learn effective management strategies for their negotiations and how to find new negotiation opportunities at the bargaining table. Using an example from the city of Denver, Ben Markus reports for NPR’s Weekend Edition that Colorado’s recent legalization of marijuana has posed challenges to local jurisdictions in enforcing current federal law which … Read More
Negotiation research you can use: The pitfalls of put-downs: When “trash talk” backfires
“Rocket Man.” “Little Marco.” “Crooked Hillary.” “Sloppy Steve.”
These are just a few of the mocking nicknames that President Donald Trump has given to his perceived rivals. Trump seems to have a penchant for trash talk—which psychologists define as boastful comments about oneself or insulting comments about an opponent delivered before or during a competition—but he’s … Read More
Conflict Negotiation Strategies for Business Negotiators
When closing a deal, new business partners are typically optimistic about the path ahead. But somewhere down the line, conflict is almost inevitable. One party may miss a deadline. The two sides may interpret contract terms differently. Changing economic conditions may make it difficult for one side to uphold its end of the deal.
When a … Read More
Negotiating with Family
Legal Disputes Where Emotions Override Reason
Negotiating with a colleague or client can be complicated, but negotiating with a family member can cause us to leave reason at the door. Negotiating with family, where emotions are heightened, can lead to a reluctance to compromise. This is especially true when it comes to legal disputes between family … Read Negotiating with Family
The Winner’s Curse: Will You Be Its Next Victim?
Imagine that you’re up for a new job that you’d like very much. At the end of a long hiring process, the HR manager asks you to name your price. You propose a salary that you believe to be ambitious, expecting some haggling to follow. Instead, the HR manager smiles and holds out her hand … Read More
Negotiation Ethics May Be a Slippery Slope
Negotiation researchers have refuted the widespread belief that honesty varies widely among individual negotiators. Rather, because people respond strongly to their environment, personal standards for negotiation ethics often vary depending on the context.
… Read Negotiation Ethics May Be a Slippery Slope
Successes & Messes: A new MLB player keeps his eye on the ball
It’s been 100 years since Major League Baseball (MLB) had a superstar at both hitting and pitching in its ranks—namely, Babe Ruth. With teams rewarding specialists, players rarely have the talent, drive, and freedom to successfully multitask as so-called two-way players.
That’s why excitement was so high this winter when 23-year-old Japanese hitting and pitching phenomenon … Read More
Negotiate International Energy Contracts with ENCO
ENCO: Negotiating International Contracts in the Face of Political Instability
Negotiating international contracts can be tricky, and unstable, especially when governments are parties in the negotiation. ENCO is a Texas-based power company that has begun to move aggressively into emerging markets. The Indian government has approached ENCO to build an electrical generating plant to increase the power … Read More
Women Negotiators Break New Ground
In many other parts of the world, women face the daunting challenge of winning a place at the negotiating table in the first place. In particular, UN Women, an agency of the United Nations, has noted that women are vastly underrepresented in formal peace negotiations worldwide.
… Read Women Negotiators Break New Ground
Negotiation Habits of Great Women Leaders
Pay inequities and a lack of great women leaders in upper management remain enduring problems in the workplace.
… Read Negotiation Habits of Great Women Leaders
Business Negotiation: When is an Outsider Needed at the Negotiation Table
One of the most popular negotiation topics in business concerns the role of outsiders to the negotiation. In this article the Program on Negotiation explores how to include outsiders in both your strategy and at-the-table negotiations.
… Read More
Notable Negotiations of 2017
Our notable negotiations of 2017 includes hits and misses from entertainment, sports, business, and especially politics, due to a new rough-and-tumble era in Washington.
… Read Notable Negotiations of 2017
Negotiation research you can use: When being yourself gets you the job
“Just be yourself”: It’s probably the most common advice given to job interviewees. But research suggests most people don’t follow the old cliché: in a study by Julia Levashina and Michael A. Campion, at least 65% of job candidates actively misrepresented themselves, and at least 87% concealed aspects of themselves to create what they felt … Read More
What is the Anchoring Bias?
It may be the most burning question in business negotiation: Should you make the first offer?
Traditionally, negotiators were advised to wait for the other side to make a first offer. According to this reasoning, the other side’s offer gives you valuable information about his goals and alternatives.
More recently, however, research on the anchoring bias has … Read What is the Anchoring Bias?
For Serial Negotiators, Pride May Come Before A Fall
Imagine that you are a purchasing agent who just scored a significant price concession from a supplier. Now it’s time to hang up the phone and move on to another negotiation with a different supplier. You’re feeling proud of how you handled the last negotiation and confident that this next negotiation will go just as well, maybe … Read More
When International Negotiation Stymies the Best Mediators
On May 13, Lakhdar Brahimi, U.N. special envoy to Syria, announced that he was quitting his position as lead mediator of the Syrian conflict due to frustration with a lack of progress. The same day, a French diplomat said the Syrian government had used chemical weapons more than 12 times after signing a treaty banning … Read More
Culture and Teaching Negotiation: A Presentation by David Fairman
David Fairman—Managing Director of the Consensus Building Institute—recently shared his extensive experience in negotiating with, and teaching negotiation to, a variety of groups from a broad range of cultural backgrounds.
… Read More
How a Bad BATNA Keeps Medicare Drug Prices High
It’s Negotiation 101: to get what you want, you need to be able to make a credible threat to walk away from a subpar deal. And for your threat to be credible, you can’t walk in with a bad BATNA, you have to have a strong BATNA, or best alternative to a negotiated agreement. In … Read How a Bad BATNA Keeps Medicare Drug Prices High
How to Break Through Barriers in Negotiation When Dealing with Difficult People
In negotiation, we sometimes face the dreaded task of asking difficult people, intimidating opponents, and otherwise daunting counterparts for a big favor. How can we close the deal when we can barely summon up the courage to talk to the person in the first place?
… Read More
Bullard Houses Role-Play Simulation Helps Researchers Explore Gender Inequality
In a recent Slate.com article, writer and PhD in Psychology Jane Hu described the findings of a research study by Professor Laura J. Kray, University of California, Berkeley.
Kray, along with co-authors Jessica Kennedy, PhD, and Alex Van Zant, PhD, investigated the role gender played in negotiation and focused specifically on whether the stereotype of women … Read More
Manage Family Conflict When Business Negotiations Go Bad
Conventional wisdom warns us against doing business with family members. Negotiations between people linked by close ties can result in hurt feelings, damaged relationships, or simply the nagging feeling that a better deal was within reach.
Yet circumstances sometimes require us to negotiate financial matters with a relative. In other situations, someone close to you may … Read More
How to Avoid Preparing Unethical Negotiation Plans
To what degree should you level the playing field for your counterpart in negotiations? Let’s turn to the question of whether you have an ethical obligation to educate an uninformed buyer.
… Read More
Leadership Style Assessment: Road Map for Podemos in Spain
The skills required for honing an effective participative leadership style have a great deal in common with those used by good negotiators. Following the May 24, 2015 municipal elections in Spain, all of those skills are being put to the test. The elections delivered a stunning rebuke to the incumbent conservative Popular Party of Mariano … Read More
Be a Better Mind Reader and Create Value Using Integrative Negotiation Strategies
How important is body language in the negotiation process? Take the following example: The parents of a toddler were interested in finding a babysitter to work one or two nights a week.
… Read More
Satisficing and Negotiation
It stands to reason that devoting less time to relatively unimportant choices should free you up for more meaningful pursuits and increase your overall satisfaction. But how does the concept of satisficing apply to your most important decisions and negotiations?
… Read Satisficing and Negotiation
MESO Negotiation: Learn from a Seller’s Market
What negotiating skills can negotiators take away from hyper competitive bargaining situations? With home sales heating up (again) in some parts of the United States, homebuyers are facing competition they haven’t seen since before the real-estate bubble burst back in 2008, and it’s showing up in the form of packed open houses, multiple bids above … Read MESO Negotiation: Learn from a Seller’s Market
How the “Party of No” Didn’t Get to Yes
For Republican leaders, the desire to repeal President Barack Obama’s signature health-care legislation, the Affordable Care Act (ACA), has been a unifying goal for seven years. So it was no surprise that after Donald Trump won the presidency and the Republicans retained both houses of Congress in the 2016 election, they made health-care reform their … Read How the “Party of No” Didn’t Get to Yes
Beating the Odds in Difficult Negotiations
Sometimes our negotiation goals seem manageable, such as securing an annual raise or reeling in a new client. At other times we shoot for the moon, aiming to change deeply ingrained practices or to get much more from our counterparts than they want to give. When we set high goals, choices about our negotiating behavior … Read Beating the Odds in Difficult Negotiations
How to Build Trust at the Bargaining Table
To maximize the joint gain created by a deal, both sides need to take risks which requires building trust in negotiations. Here’s how negotiators can establish the necessary trust.
… Read How to Build Trust at the Bargaining Table
How to Capitalize on Luck in Negotiation
Imagine that you have just negotiated a great deal on a house – and rightly so, given how deftly you managed the process from start to finish. You diligently studied the local real estate market and uncovered the seller’s motives for listing her property. You even created mutual gain by allowing the seller to stay … Read How to Capitalize on Luck in Negotiation
How Short-Term Focus Contributes to Future Disasters in Business Negotiations
Negotiators tend to concentrate too closely on the here and now. By incorporating future concerns into your talks, you’ll make sounder decisions and guard against crises.
In the midst of the current U.S.financial crisis, accusations of greed on Wall Street have sounded across the globe. Greed may be a significant factor in the collapse of credit … Read More
Integrative Negotiation Examples: MESOs and Expanding the Pie
In our society, we’re bombarded with a multitude of decisions each day, beginning with the increasingly complex question of how to order our morning coffee. In his book The Paradox of Choice: Why More Is Less (Ecco, 2004), Swarthmore College psychology professor Barry Schwartz describes the contemporary phenomenon of becoming exhausted by “the tyranny of … Read More
Announcing the 2017 PON Summer Fellows
PON offers fellowship grants to students at Harvard University, MIT, Tufts University and other Boston-area schools who are doing internships or undertaking summer research projects in negotiation and dispute resolution in partnership with public, nonprofit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between scholarship and practice in negotiation and … Read Announcing the 2017 PON Summer Fellows
Video: Setting the Stage for Productive Negotiations
Understanding how to arrange the meeting space is a key aspect of preparing for productive negotiations. In this video, Guhan Subramanian, professor at Harvard Law School and Harvard Business School, discusses a real world example of how seating arrangements can influence a negotiator’s success. The discussion was held in his negotiation training workshop “Setting the … Read More
“Chasing Heroin” with Situational Leadership and Negotiation
Across the country, America’s leaders are waging a highly-publicized battle against a raging heroin epidemic. “Chasing Heroin,” an investigative report by Frontline, recently shed light on responses to the crisis, which currently contributes to over 27,000 opiate overdoses nationwide each year. What reporters found is that the best methods for combatting the problem have come … Read More
Arbitration vs Mediation: Using Teambuilding and ADR in Negotiation
During his years as George H.W. Bush’s Secretary of State, one of James A. Baker, III’s, goals was to encourage the free-market reforms that Communist Party of the Soviet Union General Secretary Mikhail Gorbachev had launched in the late 1980s. One day during his tenure, a high-level Bush administration official commented in the press that … Read More
Business Negotiations: Win-Win Strategy for Hospices de Beaune Vineyards
When the old ways of doing business aren’t working anymore, it may be time to break with tradition. Of course, doing so can be easier said than done.
… Read More
Dealmaking: Don’t Wait for Them to Blink
In labor disputes and dealmaking, negotiators on both sides are likely to overestimate the odds that the other side will view their proposals as fair. In fact, however, self-serving perceptions of what constitutes a fair settlement can cause negotiators to remain miles apart. These factors appear to have come into play when the National Hockey … Read Dealmaking: Don’t Wait for Them to Blink
Top Business Negotiations: Michael Bloomberg versus the New York Teachers’ Union
Business negotiators seeking to resolve a dispute should foster a cooperative spirit, framing negotiations around gains rather than losses. And when negotiators are far apart, it may take a professional mediator or other independent party to help bridge the divide.
… Read More
Dealmaking: Dealing with the Other Side’s Constituents
During a meeting with a potential customer, a new salesperson leaves the room several times to make phone calls. Each time when she returns, she tells the customer she can’t accept the terms they just negotiated. Exasperated by her apparent lack of authority, the customer ends the meeting abruptly.
… Read More
How to Overcome Cultural Barriers to Communication in International Negotiations
How to overcome cultural barriers to communication: As members of organizations and families, we all know from experience that even people with identical backgrounds can have vastly different negotiating styles and values. Nonetheless, we continue to be intrigued by the idea that distinct patterns emerge between negotiators from different cultures.
… Read More
When Forming First Offers, Take Precision into Account
What should your first offer be in a negotiation?
The question doubtless has led to sleepless nights for negotiators who understand that the first offer in a negotiation tends to have a strong anchoring effect on the haggling that may follow. Because even extreme offers can pull the discussion in their direction, the question of how … Read More
Mediation Used in Dispute Resolution Over Art Museums
When partners are negotiating a new business deal, overconfidence can lead them to overlook the possibility that the business will fail or otherwise struggle. Wise negotiators envision not only the best-case scenario, but the worst-case scenario, and prepare for it before signing on the dotted line.
… Read More
BATNA: Negotiation Preparation to Help Avoid Giving Up at the Bargaining Table
When you expect an opponent to be competitive, your confidence in the outcomes you can achieve in negotiation is likely to plummet. In negotiation research with Adam Galinsky of Northwestern’s Kellogg School of Management, negotiators were provided with some background about their counterpart including information on how competitive their counterpart has been in previous negotiations.
… Read More
Top International Multiparty Negotiations: Dissent in the European Union
A European Union summit held in late October 2013 failed to make headway toward more coordination of economic policies. Facing resistance from Germany in particular, European officials grew pessimistic regarding their odds of negotiating a deal over the next year to lay the foundation for a banking union for the 17 nations that use the … Read More
Negotiating Skills and Negotiation Tactics – Body Language in the Negotiation Process: Confront Your Anxiety, Improve Your Results
Body language, and how to monitor and interpret it, is a negotiating skill and negotiation tactic every effective negotiator should add to her skillset according to negotiation research.
… Read More
How Does Mediation Work in a Lawsuit: Choosing the Right Mediator
How does mediation work in a lawsuit? For those new to mediation, we advise you being by getting a list of mediators from a reputable provider agency. You can find these agencies by searching under dispute resolution or by inquiring with your organization’s legal department.
… Read More
Negotiation Research: A Downside of Anger
We know that anger leads negotiators to make riskier choices and blame others when things go wrong. In a new study, researchers Jeremy A. Yip and Maurice E. Schweitzer find that anger also leads us to engage in greater deception in negotiation—even when it’s not our counterpart who angered us.
In one of the study’s experiments, … Read Negotiation Research: A Downside of Anger
If At First You Don’t Succeed…
In negotiation, it’s nice to get the deal right the first time. But if carefully laid plans fall apart, you may still be able to recover. That’s what the government of Colombia and the rebel group Revolutionary Armed Forces of Colombia, or the FARC, did after their peace agreement was narrowly defeated in a national … Read If At First You Don’t Succeed…
A Chance at a Win-Win Negotiation in Hollywood?
Question: What’s the best way to minimize the risk of long-term financial commitments and wrap up a win-win negotiation?
… Read A Chance at a Win-Win Negotiation in Hollywood?
Conflict Negotiators Turn to Miss Universe
Opening offers lie at the heart of any successful negotiation. Here are four negotiation fundamentals that any negotiator should take to heart.
… Read Conflict Negotiators Turn to Miss Universe
A Top International Negotiation: The Cyprus Crisis
On March 19, 2013 with the economy of the tiny Mediterranean country of Cyprus on the verge of collapse, its lawmakers rejected a 10 billion euro international bailout package, leaving the nation’s president, Nicos Anastasiades, scrambling to come up with a Plan B.
… Read More
The Leadership Styles of “Girls” at the Negotiating Table
In negotiations, strong, adaptive leadership styles are often learned and perfected away from the table. Lena Dunham is a hugely successful actor, writer, and director, but the creator of the HBO hit show “Girls,” is also a formidable negotiator.
… Read More
How to Deal with Outsiders at the Bargaining Table
How can negotiators anticipate roadblocks earlier in the bidding process? The following example attests to the necessity of thinking through the range of problems you could face in an upcoming negotiation, including threats from deal challengers and outsiders.
… Read More
How Snap Judgments Can Lead Bargainers Astray In Negotiations
New research shows that our stereotypes about other people’s warmth and competence often mar our decisions and behavior in negotiation conversations.
… Read More
Negotiation and Leadership Skills: Jerry Brown Re-Frames a Deal at High Speed
Starting construction on an 800-mile rail network in the world’s 8th largest economy without the funds in place to finish the job may seem crazy, but in California Governor Jerry Brown’s case it was a calculated gamble by a seasoned leader intent on winning a long-term negotiation.
… Read More
Promoting Fair Outcomes in Negotiation
So, you believe you’ve done everything you can do create value in your negotiation. You engaged in logrolling, making trades based on your and the other party’s different preferences on particular issues. You brainstormed new issues to add to the discussion, added a contingent contract, and proposed multiple offers simultaneously to identify which your counterpart … Read Promoting Fair Outcomes in Negotiation
Don’t Forget to Negotiate the Process
This past October, as the United Kingdom (UK) began gearing up for its negotiations to exit the European Union (EU)—a process known as Brexit—scheduled to begin in March, Reuters reported that the EU’s lead Brexit negotiator, former French foreign minister Michel Barnier, had asked for the negotiations to be conducted in French rather than English. … Read Don’t Forget to Negotiate the Process
Types of Power in Negotiation: Using Negotiation Research to Eliminate Gender Difference in Bargaining Scenarios
Here are four strategies from negotiation research on types of power in negotiation and how to minimize gender differences in bargaining scenarios and in negotiations.
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Closing the Deal in Negotiations
In dealmaking, we typically devote significant time to trying to convince a counterpart of the logic and appeal of our proposals. But sometimes our role becomes a more defensive one, as our negotiation behaviors focus on trying to dissuade others from pursuing a route that we believe could be disastrous.
That was the task outgoing United … Read Closing the Deal in Negotiations
Great Negotiators vs. Great Negotiations: The Program on Negotiation’s Great Negotiator Teaching Series
Teaching negotiation using case studies focused on the efforts of great negotiators can help achieve several pedagogical goals at the same time. Developed by Professor James Sebenius of Harvard Business School, the Program on Negotiation’s Great Negotiator case study series, available from the PON Clearinghouse, highlights the lessons learned by each recipient of PON’s Great … Read More
M&A Negotiation: Undoing the Deal
After parties have invested considerable time and money in a negotiation, agreement can come to seem like an inevitable end point. You may think you have an ironclad contract, but because negotiations can be difficult to undo, we’d be wise to examine very closely the pros and cons of signing a deal. That’s the lesson … Read M&A Negotiation: Undoing the Deal
How Professional Negotiators Can Avoid Public Controversy
In negotiation, we sometimes become so focused on what we’re trying to achieve at the bargaining table that we fail to adequately account for how the deal could look to observers. As two recent deals that the U.S. government reached with Iran show, it’s important for professional negotiators to consider the optics.
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Diplomatic Negotiations to Build a Winning Coalition to Negotiate with Iran
The five permanent members of the UN Security Council plus Germany were able to arrive at a negotiated agreement with the Islamic Republic of Iran to curtail its nuclear weapons development program. Read this article to find out what diplomatic negotiation strategies were employed by the representatives from the bargaining countries and how they impacted … Read More
In Conflict Resolution, Look for Trusted Partners
How can you engage in conflict management with someone who doesn’t trust you? Consider bringing in someone the other party does trust to mediate the dispute, as the FBI and the occupiers of the Malheur National Wildlife Refuge in Oregon did to promote a peaceful end to their standoff in February 2016.
… Read In Conflict Resolution, Look for Trusted Partners
In Platform Negotiations with Clinton, Sanders Was Victorious
With the 2016 Democratic National Convention now over, Vermont senator Bernie Sanders used the Hillary Clinton campaign’s fear of a divisive spectacle in Philadelphia to extract concessions on the party’s official platform and committee assignments. The senator’s tough dealmaking suggests an important negotiation lesson: Always know your BATNA and ZOPA in any negotiation.
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Examples of Negotiation in Business: When “Shrink to Grow” Pays Off
Learn how BP and Russian negotiators came together and created value in a tough business negotiation even though expansion of the negotiated relationship was not on the bargaining table.
… Read More
Mediation Techniques for Conflict Resolution: Negotiation Strategies to Consider Before You Outsource
Learn how mediation techniques could have informed Apple’s negotiation strategies when it discovered discrepancies in working conditions among its supplier factories in China.
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Dealing with Difficult People – In and Outside of Congress
In business negotiations, we sometimes face the task of dealing with difficult people—those who seem to pick fights, hold offensive views, or rely on hard-bargaining tactics. Some of us naturally turn away from such difficult negotiations. Others choose to try to overlook or overcome the flaws they see in potential negotiating partners.
… Read More
How Mediation Works
When negotiators can’t come to agreement but want to avoid an expensive, time-consuming, and potentially rancorous lawsuit, mediation is often their most logical choice. Mediation can help to resolve a wide range of disputes.
… Read How Mediation Works
Is Your Negotiation Style Holding You Back?
All of us have a personal approach to negotiation, or negotiation style. Here’s how to make the most of yours.
… Read Is Your Negotiation Style Holding You Back?
Negotiating Advice for Congressional Democrats in the Era of Trump
In the aftermath of the 2016 election, with Republicans poised to control the White House and both houses of Congress, Democrats in Washington are struggling to determine how they will go about meeting their goals in the face of seemingly insurmountable odds.
… Read More
Beware Your Counterpart’s Biases
In the past we have encouraged you to ‘debias’ your own behavior by identifying the assumptions that may be clouding your judgment. We have introduced you to a number of judgment biases – common, systematic errors in thinking that are likely to affect your decisions and harm your outcomes in negotiation. Learn how to identify … Read Beware Your Counterpart’s Biases
Protecting Yourself from Competitive Expectations
Like other cognitive biases, competitive expectations can be insidious. Fortunately, there are several steps you can take to forestall their negative consequences.
… Read Protecting Yourself from Competitive Expectations
Worst Negotiation Tactics of 2015
Here are some of the worst negotiation tactics displayed during calendar year 2015 – from hard-bargaining, distributive negotiation strategies aimed at getting the whole pie to stonewalling strategies intended to stymy the development of a negotiated agreement.
… Read Worst Negotiation Tactics of 2015
Worst Negotiation Tactics of 2015
Here are some of the worst negotiation tactics displayed during calendar year 2015 – from hard-bargaining, distributive negotiation strategies aimed at getting the whole pie to stonewalling strategies intended to stymy the development of a negotiated agreement.
… Read Worst Negotiation Tactics of 2015
Hoping for an Uncontroversial Negotiation? Consider the Optics
January 16, 2016, was a memorable day in U.S.-Iranian relations. That day, the International Atomic Energy Agency reported that Iran was in compliance with the terms of the nuclear agreement it reached in mid-2015 with the United States, which represented Russia, China, France, Germany, and Great Britain in the talks. The news prompted the United … Read More
Manage Your Power at the Bargaining Table
Avoid the common traps that come with having high power or low power.
In early August, employees of the Massachusetts Institute of Technology (MIT), New York University (NYU), and Yale University sued their employers for allowing investment companies to charge excessive fees on their retirement plans, the New York Times reports. The universities were accused of … Read Manage Your Power at the Bargaining Table
How to Write a Contract: Three Deal-Drafting Pitfalls
The transfer of an agreement from negotiators to lawyers or other professional deal drafters can introduce three main types of mistakes. Read on to discover how you can avoid making these same mistakes at the bargaining table during your next dealmaking negotiation session.
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What is the Winner’s Curse?
Imagine that while exploring an outdoor bazaar in a foreign country, you see a beautiful rug that would look perfect in your home. While you’ve purchased a rug or two in your life, you’re far from an expert. Thinking on your feet, you guess that the rug is worth about $5,000. You decide to make … Read What is the Winner’s Curse?
International Negotiations and Beyond Majority Rule
Ever since U.S. general Henry M. Robert published Robert’s Rules of Order in 1876, groups have relied on the principle of majority rule, measured with a simple yea or nay vote at the end of the negotiation process.
… Read More
Conflict Management: Anger – The Good and the Bad
Most negotiations are “mixed motive” in structure, requiring us both to compete to claim value and to cooperate to create value. The ability to move back and forth between these two goals is a critical – and difficult – skill to master.
… Read Conflict Management: Anger – The Good and the Bad
Managing Cultural Differences: Negotiation Strategy and Diplomacy
Diplomats deal with difficult people when engaging in international negotiations in ways integrative negotiators may find useful for developing their negotiation skills.
… Read More
Contract Negotiations: Before You Sign on the Dotted Line
When times are tight, contracts are often broken. These days, parties on both sides of sales agreements are struggling to fulfill their promises, and contract workers are having trouble getting paid by their employers.
… Read More
Dispute Resolution and Divorce Solutions for Jolie, Pitt, and Others
The news that actors Angelina Jolie and Brad Pitt are headed for divorce puts the issue of divorce negotiations in the spotlight.
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Dealmaking: Avoiding Pitfalls in Deal Drafting
Whatever the root causes of faulty drafting, negotiators need to better understand and manage certain aspects of the deal drafting process. Here are three ways to ensure that breakdowns don’t occur on the way from handshake to contract.
… Read Dealmaking: Avoiding Pitfalls in Deal Drafting
What’s Keeping You from Closing the Deal?
When talks stall, it’s tempting to jump to conclusions: “It’s purely a price gap.” “They’re being unreasonable.” “We’re not communicating well.” “We’re in a weak position.”
… Read What’s Keeping You from Closing the Deal?
Is Your Deal Too Good to Be True?
In an episode of the fictional HBO series Silicon Valley, partners in a red-hot technology startup, Pied Piper, receive funding offers from a number of venture capitalist firms. Raviga Capital is by far the highest bidder; its offer of $20 million values Pied Piper at a whopping $100 million.
… Read Is Your Deal Too Good to Be True?
Choosing and Using a Negotiation Adviser
As he approached the June 23 National Basketball Association (NBA) draft this year, top prospect Jaylen Brown, a student at the University of California (UC), Berkeley, made the unusual yet logical decision to participate in the draft process without the aid of a sports agent. Brown, the 2016 Pac-12 Freshman of the Year, likely decided … Read Choosing and Using a Negotiation Adviser
Negotiation Situations: Examples of When Negotiators Assume Too Much
One pitfall is that decision makers often overlook others’ viewpoints. When we do take others’ thinking into account, we tend to assume that they know as much as we do. For this reason, marketing experts are generally worse than non-expert consumers at predicting the beliefs, values, and tastes of consumers.
… Read More
How to Conduct a Mediation During Crisis Negotiations
The most difficult peace negotiations in recent decades—in Ireland, the Middle East, the former Yugoslavia, and Sri Lanka—were plagued by a common enemy: violent disruptions by spoilers opposed to the peace process. In each of these cases, extremists stalled negotiations by creating security crises that divided public opinion and drove negotiators apart.
… Read More
Drinks at the White House? Clinton Plans on It
The practice of using alcohol to grease the wheels has a long and storied role in famous negotiations. In recent decades, shared drinks during adversarial bargaining helped lead to breakthroughs in conflicts in Serbia and Northern Ireland, for example.
… Read Drinks at the White House? Clinton Plans on It
Beware Self-Fulfilling Prophecies in Negotiation
A self-fulfilling prophecy is a prediction of expectations that a person has that comes true because he or she expects it will.
… Read Beware Self-Fulfilling Prophecies in Negotiation
Teach “Head and Heart” Negotiation with New Negotiation Game Technology
Do you teach students how to structure a negotiation process while helping them to develop the emotional acuity necessary for building relationships with counterparts? Professor Linda Kaboolian refers to this as “teaching head and heart negotiation”; an approach that was central to the 10 years she spent teaching simulation-based negotiation at the Harvard Kennedy School.
Kaboolian … Read More
How Your Organization Can Benefit from Mediation Techniques
If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Read More
How Outsider Status Benefits Negotiators at the Bargaining Table
When faced with the task of assigning a subordinate to represent their organization in a negotiation, managers might look for strong negotiating experience, intelligence, a good attitude, and a winning personality.
… Read More
A Second Look at Rights of First Refusal
When transferring property, sellers sometimes insist on rights of first refusal—the chance to be first in line to repurchase the property if their buyer later decides to sell. A right of first refusal can be an obvious advantage if your financial circumstances later change.
… Read A Second Look at Rights of First Refusal
How to Avoid the Negative Impact of Goal Setting: Setting Realistic Objectives in Negotiations
Imagine that you’re a freelance marketing consultant who is negotiating the conditions of a long-term assignment with a new client. As you think about what you will charge, you set a goal that you consider to be challenging but not impossible. The project manager balks when you first quote your rate, but you end up … Read More
Conflict Management Training and Negotiation Research: How Nervous Energy Affects Negotiation Scenarios and Attempts at Conflict Resolution
Negotiation is often characterized as a physiologically arousing event marked by pounding hearts, queasy stomachs, and flushed faces. We might assume that heightened physiological arousal would mar our negotiation performance, but this is only true for some, researchers Ashley D. Brown and Jared R. Curhan of the Massachusetts Institute of Technology found in a new … Read More
Negotiation Research Demonstrates the Impact of Memory on Decision Making Processes in Bargaining Scenarios
Recent negotiation research published by Psychological Science from Program on Negotiation faculty member and assistant professor at Harvard University’s Department of Psychology Joshua Greene and his colleague Elinor Amit explores the impact vivid mental imagery has on decision-making processes for negotiators. The negotiation skills insights that can be obtained from such negotiation research are many … Read More
Conflict and Conflict Resolution at Work
In the workplace, negotiations with coworkers over issues such as project assignments, departmental funding, and vacation requests can sometimes flare into conflicts. When they do, the experience can be stressful, and the organizational outcomes sometimes suffers as a result.
… Read Conflict and Conflict Resolution at Work
Case Study: Teaching with a Powerful Negotiated Agreement
What do a Nobel Peace Prize recipient, the CEO of an international financial advisory firm, and the former United States ambassador to the United Nations have in common? They’ve all received the Great Negotiator Award.
Every year, the Program on Negotiation at Harvard Law School bestows this prestigious honor on distinguished leaders whose lifelong accomplishments in … Read More
How to Practice Interests-Based Leadership
Why should the people you’re supposed to lead follow you?
If you believe that your charisma, your exalted office, or your vision is reason enough, you’re in trouble.
While these qualities may affect how others relate to you, the unvarnished truth is that other people will follow you when they judge it’s in their best interest to … Read How to Practice Interests-Based Leadership
For Paris Climate Accord, April 22 Marks Moment of Truth
The global climate change accord talks are some of the most interesting negotiations to have taken place in the past year. This article examines the at-the-table issues the negotiators faced with China and other world leaders in attempting to forge a negotiated agreement on climate change.
… Read More
Using Mediation to Resolve International Disputes
As businesses increasingly branch out globally, they also face the possibility of broken contracts and strained relationships. Mediation can be an effective means of resolving disputes and getting business partners back on track, but do intercultural differences complicate the process? If so, how can disputants and mediators adjust?
Elizabeth D. Salmon of the University of Maryland … Read Using Mediation to Resolve International Disputes
Engineering Breakthroughs When Trust is Low
The Obama administration capitalized on its recent nuclear deal with Iran to secure the release of Americans imprisoned in the Middle Eastern nation.
In recent years, the United States has urged Iran to release a number of Americans, including Washington Post reporter Jason Rezaian, who had been seized and imprisoned on what the U.S. government called … Read Engineering Breakthroughs When Trust is Low
The Negotiation Simulation Method: Teach Legal Lessons by Immersive Means
In complex legal negotiations, money, reputations, and sometimes even lives are often at stake. Legal professionals must know how to read and debate the law as well as fully embrace the art and science of negotiation.
To help attorneys and other legal professionals become well versed in law and court-based negotiation, the Program on Negotiation’s Teaching … Read More
Modest Goals Gave Hope to Syria Peace talks
In international negotiations and other complex multiparty negotiations, should you set ambitious goals right from the start or begin with more modest ones?
Aiming high can lead to dramatic payoffs if you succeed, but the difficulty of orchestrating complicated international negotiations can increase the risk of impasse. By contrast, starting with more modest goals may suggest … Read Modest Goals Gave Hope to Syria Peace talks
Emotion in Negotiations: How to Detect Sincerity at the Bargaining Table
Following the British Petroleum oil spill in the Gulf of Mexico in the spring of 2010, some media observers criticized President Barack Obama for seeming to be emotionally detached. Obama ultimately did display anger about the oil spill in a televised interview, only to be further critiqued on the grounds that his anger did not … Read More
In Renegotiation with Britain, EU Faced Weak BATNA
How David Cameron’s Tory government’s plans to leave the euro-zone have EU ministers scrambling in negotiations with a weak alternative to a negotiated agreement.
… Read More
For Kesha, Support of Peers Could Bring Settlement Leverage
Business negotiators are typically advised to keep their dealmaking and dispute resolution efforts private. Complaining about an adversary’s negotiation and conflict resolution strategies to the press or on social media can escalate disputes and increase the likelihood of impasse.
Yet when a negotiation becomes so contentious that it requires formal dispute resolution, such as a lawsuit, … Read More
Negotiation Research You Can Use: Women’s Leadership in Negotiation
Numerous research studies have found that women who assertively emphasize their skills, accomplishments, or desire to lead tend to be viewed as less likable and less hirable than men who are equally assertive. Women appear to suffer from this phenomenon, known as the backlash effect, when they act contrary to gender-stereotypical expectations that they will … Read More
With Patient Approach, FBI Steered Oregon Occupiers Toward Their BATNA
The 41-day armed takeover of the Malheur National Wildlife Refuge in Oregon ended on February 11 when the last occupiers surrendered. Federal authorities in six states also arrested seven others accused of being involved in the occupation, according to the Associated Press. The standoff had begun when Ammon Bundy and his followers took over the … Read More
Top 10 Best Negotiations of 2014: Negotiation Case Studies Drawn from Negotiation Examples in Real Life
Rather than unparalleled triumphs and victories, many of the 10 Best Negotiations of 2014 share a common theme of “making the best of a bad situation.” From climate change to Congress to Cuba, negotiators often found themselves trying to claw their way out of the darkness and into the light. Here are 10 negotiations that … Read More
Negotiation Skills for Resolving International Conflicts
What are the essential skills a negotiator needs to resolve conflicts abroad? How do international conflicts differ from domestic conflicts? What issues specific to bargaining across borders emerges in intercultural negotiations? In this article we explore ways in which negotiators can develop bargaining skills to overcome any barriers to communication they may encounter in negotiations … Read More
Forging a Global Agreement on Climate Change
The ambitious goal of the professional negotiators who participated in the 2015 United Nations Climate Change Conference, held in a Paris suburb from November 30 through December 11, 2015, was to reach enforceable commitments from nations around the world to lower their greenhouse-gas emissions to levels that could ward off environmental disasters.
At the Paris climate … Read Forging a Global Agreement on Climate Change
Negotiation Tactics: How Improvisation Can Improve Your Negotiation
When managing cultural differences in international negotiations, improvisation is a key negotiation skills, one that mimics the quick-thinking and improvisational quality of the art of jazz music.
… Read More
Negotiation Research You Can Use: When Cultural Expectations Lead Us Astray
In September 2014, a Chinese court found the British pharmaceutical firm GlaxoSmithKline (GSK) guilty of bribing government officials, hospital officials, and doctors to sell more drugs at higher prices, according to the Wall Street Journal. The court fined the company nearly $500 million and convicted five of GSK’s managers, including its former top executive in … Read More
In Business Negotiations, Set the Stage for Success
In negotiation, it’s said, preparation is key. Without careful research and logistical planning, we may be left trying to skate by on wits and charm alone—and in today’s business world, they will seldom carry us far.
Advance work is especially critical when you expect your talks to be complex, involving numerous issues, multiple parties, and plenty … Read More
Dealmaking and the Trade Deal: Obama’s Uphill Battle with Congress
Sometimes in dealmaking, reaching agreement would require us to make compromises that we know will displease those who need to authorize the deal, such as our superiors back at the office. Fail to compromise, and impasse may be inevitable. Compromise and save the deal, and accept the difficulty of closing the deal in negotiations with … Read More
How to Prepare for Changing Conditions at the Negotiation Table: Bargaining Strategies for Integrative Negotiations and Dispute Resolution
These article offers some negotiation tips for negotiators attempting to reconcile two disparate estimations of future events during the course of a negotiated agreement.
… Read More
Overcoming Cultural Barriers in Negotiations: The Importance of Culture and Etiquette in Bargaining Scenarios
Learn how and when to engage in appropriate cultural traditions when negotiating with counterparts from a different culture. In this article we offer negotiation tips for overcoming cultural barriers in negotiation and present additional articles drawn from negotiation research that may be of benefit to negotiators who need to improve their international negotiation skills.
… Read More
In The Simpsons Dealmaking, Harry Shearer Goes Public
How did actor Henry Shearer and the producers of the hit television show The Simpsons arrive at a win-win negotiated agreement? In this article drawn from examples of negotiation in real life, we examine the negotiations between the actor and the producers and offer insights into the bargaining strategies employed by each.
… Read More
Top 10 Best Pieces of Negotiation Advice of 2015
Across politics, business, entertainment, and sports, negotiators reminded us that collaboration and close attention are needed to resolve disputes and reach innovative deals.
10. Searching the haystack. As reported this year, an unexpected break came in the U.S. Department of Justice’s investigation of large U.S. banks’ role in the 2008 subprime mortgage crisis after an … Read Top 10 Best Pieces of Negotiation Advice of 2015
Don’t Let the Outside Voices Ruin the Dialogue Inside: Limiting the Impact of Outsiders on Your Negotiation
How US Secretary of State John Kerry overcame the objections of influential outsiders and headed off their attempts to influence proceedings at the negotiation table.
… Read More
Negotiation in the News: Breaking dysfunctional patterns – The surprisingly cooperative U.S. budget deal
In negotiations with longtime counterparts, it can be difficult to overcome entrenched bad habits and past resentments. That certainly has been the case for negotiations between the U.S. Congress and the White House in recent years, which have been marked by name-calling, missed deadlines, and public ridicule. But thanks to a variety of pressures and … Read More
What You Can Learn from Putin’s Negotiation Style
In January 2015 the Negotiation Briefings newsletter featured an article, “Dealing with difficult people – even when you don’t want to,” discussing the impasse NATO leaders had reached with Russian President Vladimir Putin with regards to his unilateral actions in the Crimea. Aside from exhibiting obstinacy in the face of a unified European front, Putin … Read More
Trying to Come to Terms with an Adversary?
A string of recent deals between longtime opponents could give you the inspiration you need to reach agreement with your most difficult partners.
Republicans and Democrats. North and South Korea. The United States and China. All of these pairs have a reputation for conflict, rivalry, and impasse. Yet despite their ongoing differences, each pair recently managed … Read Trying to Come to Terms with an Adversary?
In Negotiation, Display Anger with Caution
Virtually all of us experience feelings of anger from time to time during our negotiations. Past research findings reassured business negotiators that their displays of anger could benefit them by conveying toughness and motivating their counterparts to make concessions. But a new research study by professors Hajo Adam of Rice University and Jeanne M. Brett … Read In Negotiation, Display Anger with Caution
To Reduce Post-Deal Regret, Take an Analytical Approach
Dissatisfied with her first book contract, comedian Amy Schumer canceled it and negotiated a different one.
A better strategy? Lessen your odds of disappointment from the start.
In 2012, David Hirshey, senior vice president and executive editor of publisher HarperCollins, saw Amy Schumer’s stand-up comedy act and was so impressed by the rising star that he offered … Read More
Top Worst Negotiation Case Studies: Real Life Examples of Bargaining Gone Wrong
Sometimes negotiators care so much about the issues at stake that they mistake compromise for surrender. Sometimes they’re so confident things will go their way they don’t try hard enough. Our list of the 10 Worst Negotiations of 2014 includes talks that failed for one or both of these reasons, as well as for numerous … Read More
In Business Negotiations, Capitalize on a Right of First Refusal
As dealmakers look for more sophisticated ways to reduce risks and increase returns, a right of first refusal—a contractual guarantee that one side can match any offer that the other side later receives—has become a common and useful tool to add to your business negotiation skills.
Claim your FREE copy: Negotiation Skills
Build powerful negotiation skills and become a better dealmaker and leader. Download 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.
The Program on Negotiation’s Top Ten International Negotiations Posts
Whether dealing with difficult or hard bargainers like Putin or forging business partnerships, international negotiations are fraught with a level of complexity rarely encountered in everyday negotiations. Here are the top ten international negotiation articles on the Program on Negotiation’s website.
… Read More
Negotiation Research You Can Use
Negotiators often are advised to tamp down strong emotions and behave as rationally as possible at the bargaining table, but that can be easier said than done. More realistically, negotiators need skills and tools that can help them cope with their own potentially destructive emotions and those of their counterparts.
Some people come by these skills … Read Negotiation Research You Can Use
Working on multiple deals? Look for ways to connect the dots
In negotiation, lightbulb moments—the kind that seem to magically dissolve disputes and create stellar contracts—can be few and far between. We might be lucky to have one such flash of insight over the course of a complicated dealmaking process. Recently, Major League Baseball’s (MLB’s) New York Yankees were fortunate to experience a breakthrough that neatly … Read More
Seeking a Win-Win Negotiation? Pass the Chips and Salsa
From movie moguls hammering out film deals in Los Angeles to publishers and agents assessing each other’s tastes in New York, the “power lunch” has become a familiar institution. Across the globe, negotiators often do business over shared meals, whether out of convenience or as part of a concerted effort to get to know one … Read More
Negotiation Skills in Business Communication: Heading Off Deception
In all types of negotiations and across all phases of the process, people can sometimes misrepresent or fail to tell the truth. Individual negotiators lie with the hope of improving their own outcomes. When negotiating his salary with the Cranbury, N.J.–based pharmaceutical marketing firm Carter-Wallace in 1997, Robert Bonczek misrepresented his prior title and salary … Read More
Negotiation Skills in Business Communication: Status Anxiety
Negotiation Skills in Business Communication: Campeau Corporation and Federated Department Stores
Sometimes in negotiation we are forced to deal not only with the issues on the table but also with concerns about status.
One famous instance took place in the late 1980s, when Robert Campeau, head of the Campeau Corporation and then one of Fortune magazine’s “50 … Read More
Negotiating Skills and Negotiation Tactics: Damage Control in Conflict Resolution
Framing in negotiation, and the negotiating skills and negotiation tactics that go behind effective bargaining, can help not only achieve a negotiator’s goals at the bargaining table, but also can anticipate the fallout or kickback received from parties away from the negotiation table. President Obama’s tax-cut negotiations with Senate Republicans in late 2010 offer cautionary … Read More
Negotiation Research You Can Use: When “Honor Talk” Pays in Negotiation
You likely have noticed that this newsletter and other negotiation advice from the Western world tends to promote rationality, logic, and fact finding over emotional reactions or a focus on abstract concepts such as honor. This rational approach dovetails well with the values and assumptions of American and other Western cultures. But how well does … Read More
Dear Negotiation Coach: Should You Stay or Should You Go?
Q: As a senior manager at my company, I have spent most of the past year trying to settle litigation with another company in our industry. We are about to go into our third mediation session in a few weeks. However, I have just been promoted to a job where I will have responsibility for … Read More
When Negotiations Go Down to the Wire
From the start, the negotiations were precarious. In late 2013, Iran agreed to temporarily freeze portions of its nuclear program and to negotiate a more comprehensive nuclear dismantlement with the United States, Russia, China, France, Germany, and Great Britain in exchange for reduced economic sanctions. The negotiations proceeded in fits and starts over the next … Read When Negotiations Go Down to the Wire
Announcing the 2015 PON Summer Fellows
About the PON Summer Fellowship Program:
PON offers fellowship grants to students at Harvard University, MIT, Tufts University and other Boston-area schools who are doing internships or undertaking summer research projects in negotiation and dispute resolution in partnership with public, non-profit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between scholarship … Read Announcing the 2015 PON Summer Fellows
Stop outsiders from sabotaging your deal
A deal had been a long time coming. Back in November 2013, Iran agreed to limit its nuclear enrichment program in exchange for lighter economic sanctions from Western nations. To hammer out the details, Iran entered into talks with six nations: China, Russia, France, Germany, the United Kingdom, and the United States. Eventually, the talks … Read Stop outsiders from sabotaging your deal
Announcing the 2015-2016 PON Graduate Research Fellows
The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with the PON goal of fostering the development of the next generation of scholars, this program provides support for one year of … Read More
PON Faculty Members Jeswald Salacuse, Deborah Kolb, and William Ury Honored on Time’s List of the Five Best Negotiation Books of 2015
Program on Negotiation faculty members Jeswald Salacuse, Deborah Kolb, and William Ury were named by Time magazine as the authors of three of the five best negotiation books of 2015.
Jeswald Salacuse’s latest work, The Global Negotiator: Making, Managing and Mending Deals Around the World in the Twenty-First Century, describes the negotiation skills people need to succeed … Read More
Negotiation Ethics and Lies at the Negotiation Table
Negotiation ethics can be linked to context and environment – as well as to jealousy experienced by negotiating counterparts. The negotiation research of Maurice E. Schweitzer and Simone Moran is discussed.
… Read More
Team Building Negotiation Example: Chinese Women Face a “Sticky Floor”
What challenges do Chinese female negotiators face in negotiations in China? Like their counterparts in the West, female negotiators in China encounter barriers to doing business, but instead of a “glass ceiling,” many female Chinese feel they are rooted to a “sticky floor.”
… Read More
For Better Business Negotiations, Take the Long View
In August 2012, Michael Dell, the founder and CEO of computer company Dell, embarked on the long, winding odyssey of taking the company private. At the time, Dell was struggling to maintain a foothold in the market for personal computers amid the rise of tablets and other handheld devices. Michael Dell maintained that to ensure … Read More
Business Negotiation Techniques and Dealmaking – Bargaining with Agents
When using an agent in negotiation, your negotiation strategy and definitely the negotiation techniques you use to achieve success at the bargaining table change – but how much so? How different is negotiating with an agent from negotiating with an equal counterpart? In this article the Program on Negotiation explores the business negotiation techniques negotiators … Read More
What Does Conflict Management Mean in Business Negotiations with Competitors?
They say it pays to keep your friends close and your enemies closer, but in business negotiation, keeping your enemies—or competitors—close could end you up in court, as Apple’s recent encounter with the U.S. Department of Justice suggests.
The story begins back in 2007 when, unhappy with Amazon’s low, flat price of $9.99 for e-books, five … Read More
Fostering Cultural Intelligence in International Negotiations
In a Harvard Business Review article, P. Christopher Earley and Elaine Mosakowski describe the value of improving your cultural intelligence, or the ability to make sense of unfamiliar contexts and adapt to them. Some people are naturally skilled at determining whether a person’s behavior is unique to him or determined by his culture. For others, … Read More
Negotiation Research You Can Use: Two new studies look at how our emotions affected negotiated outcomes
Feeling ambivalent in negotiation? No worries
Business negotiators often find themselves feeling positive and negative emotions simultaneously, such as concern that an offer won’t be received well and excitement over the offer’s potential.
We often try to squelch our emotions for fear of appearing unstable or vulnerable. Indeed, past research has suggested that expressions of emotional ambivalence—the signs … Read More
International Negotiation: Your Own Worst Enemy?
Knowing how to manage your own internal conflicts before engaging in negotiations is an invaluable negotiation skill negotiators should develop prior to engaging in international negotiations, business or otherwise.
… Read More
Conflict Resolution: To Avoid Destructive Competition, Take the Pledge
Cooperative negotiators know that more value can be had at the bargaining table if they take an integrative bargaining approach to negotiations. Read here to find out how much value negotiators can create by cooperating with counterparts.
… Read More
Teaching Negotiation: A Symposium On Excellence & Innovation For Teachers & Trainers
This program is designed for anyone who teaches negotiation, dispute resolution, or conflict analysis across any field (e.g., law, business, international relations, social work, peace studies, public policy, urban planning, environmental studies, and engineering).
Negotiation trainers who provide on-site or online training to business or community clients should also attend so they can evaluate potential new … Read More
Conflict Management in Negotiation: Training with the Enemy
Negotiation skills tips to help create value during your next session at the bargaining table. Read how collaboration and competition can lead to value creation in business negotiations.
… Read More
In “Chinatown” Conflict Resolution, the Dust Clears
Using conflict resolution techniques, the city of Los Angeles recently achieved an impressive victory by ending a 100-year battle with California’s Owens Valley over water rights and air pollution.
The dispute dates back to the early 1900s, when agents working for the city of Los Angeles, posing as farmers and ranchers, bought up most of the … Read More
Deal Negotiation and Dealmaking: What to Do On Your Own
Six negotiation skills tips for negotiators seeking to creative value during their next round at the bargaining table. Business negotiators are often faced with the complex task of coordinating multiple parties – here are some tips for the individual business negotiator on how to achieve success in her next deal negotiation.
… Read More
Dispute Resolution: Robert DeNiro Leaves Conflict Management to the Courts
Turning to litigation when disputes arise can be costly and time consuming. Instead of using the courts to resolve your dispute, negotiation offers a myriad of benefits for disputants who are seeking to resolve their conflict, create value, and save time and money.
… Read More
Tough Negotiation Tips from Jennifer Aniston?
Fans of the television show Friends got a treat last month when Netflix made all 236 episodes of the blockbuster hit available to stream online. At first glance actors Lisa Kudrow, Jennifer Aniston and the rest of the star-studded cast might not be your first pick to peg as formidable negotiators, but at the height … Read Tough Negotiation Tips from Jennifer Aniston?
Negotiation Skills: When It’s Better to Be in the Dark
When your agent negotiates on your behalf, it’s generally smart to have her keep you in the loop throughout the process with regular phone calls, e-mails, or meetings. But in a recent article in Poets & Writers magazine, literary agent Betsy Lerner identified conditions in which you might prefer to be uninformed.
… Read More
Getting past “You go first”
In our easiest professional negotiations, we have ample resources to divide among us, and everyone involved expects to benefit in both the short term and the long term from a deal. Unfortunately, there are also times when reaching common ground would require significant sacrifices from everyone involved. The temptation in such situations is to stonewall … Read Getting past “You go first”
Negotiation Skills: Could I Really Make a Difference?
Individual negotiators are sometimes overwhelmed by the idea of leading organization-wide changes to negotiation practices. In fact, it doesn’t take much time or effort to set the wheels of reform in motion, write Hallam Movius and Lawrence Susskind in Built to Win.
… Read More
Majority Rules: In Congress, Conflict Management Through Coalitions
After years of gridlock, the U.S. Congress surprised many observers by passing a $1.1 trillion spending bill in December due to the formation of an unlikely coalition made up of moderate Republicans and Democrats.
… Read More
Conflict Resolution: Just what the doctor ordered? Bringing Judges Into Medical-Malpractice Negotiations
Medical-malpractice litigation can be a lengthy, expensive, and contentious process.
Lawyers on both sides might spend months or years conducting discovery and deposing
witnesses. As for settlement negotiations, they tend to occur late in the process and are often treated as a perfunctory step before a trial.
… Read More
The Risks of Taking Dealmaking Off the Table
On December 7, the news broke that Pierre Korkie, a South African who had been held hostage in Yemen by Al Qaeda, was killed by his guards just hours before his scheduled release due to a botched U.S. attempt to free another hostage. The tragedy suggests the dangers not only of refusing to engage in … Read The Risks of Taking Dealmaking Off the Table
To Avoid the Need for Dispute Resolution, Plan Ahead
When disputes flare up in business relationships, a failure to thoroughly anticipate and prepare for the future is often to blame. Consider a dispute that has arisen surrounding the estate of Maurice Sendak, the acclaimed children’s book author and illustrator of dozens of books, including the masterpiece Where the Wild Things Are. As Randy Kennedy … Read More
Dealmaking: Beyond Collusion – How to Include Outsiders in Your Deal in Business Negotiations
The issue of bidder collusion raises a larger question for negotiators: What ethical responsibility do we have to those who aren’t seated at the table with us?
Harvard Business School professor Max H. Bazerman uses the term “parasitic value creation” to describe the common tendency of negotiators to focus so narrowly on identifying benefits for those … Read More
Negotiation Skills: Should Put Off What You Could Negotiate Today?
To reach agreement, negotiators sometimes postpone the resolution of certain issues until a later date. We look at how this practice plays out in the real world. Remember the federal debt ceiling talks? In mid-2011, congressional Republicans insisted on significant spending reductions from their Democratic counterparts in exchange for voting to raise the nation’s debt … Read More
Women and Negotiation: Why Women Sometimes Ask for Less
The average college-educated woman earns $713,000 less over the course of her working life than her male counterpart, according to the Coalition of Labor Union Women. What explains this persistent gender gap? Women employees’ awareness that they could be penalized for negotiating assertively on their own behalf is one factor, according to new research from … Read More
Dealmaking: Help Your Agreement Go the Distance
Help your agreement go the distance If your deal doesn’t work in the real world, it’s not worth the paper it’s printed on. Here’s expert advice on increasing the odds of successful implementation.
… Read More
Women and Negotiation: Risk, stress, and the “glass cliff”
Imagine that you are the founder of a start-up that has not been as successful as you’d hoped. You are thinking about making one last push to get your product off the ground, but you would need some extra financing to do so. A series of deals has fallen through, and you are under great … Read More
Business Negotiation Advice: When Your Image is Everything
Turning to another questionable negotiation from Illinois politics, in 2005, then–U.S. senator Barack Obama and his family bought a house in Chicago. On the same day the Obamas closed on the property, the wife of real estate developer Antoin Rezko bought an adjacent parcel of land. Rezko was a key fundraiser for Obama’s Senate campaign.
… Read More
In United Nations International Negotiations, A Demand for Openness
Sometimes the question of how to negotiate can be more hotly debated than the issues that come up during the negotiation itself. Who should be involved in making key decisions? Should the negotiation process be public or private? How can parties ensure that all involved feel they’ve had a voice?
… Read More
After Job Dealmaking Advice, A Retraction from Microsoft CEO Satya Nadella
Microsoft CEO Satya Nadella found himself in the hot seat in October after telling women attending the Grace-Hopper Celebration of Women in Computing that the best way to effectively negotiate for a raise is not to ask for one at all. Asked by Harvey Mudd College President and Microsoft Board Member Maria Klawe for advice … Read More
Women and Negotiation: Negotiating the Gender Gap
The following question given to Program on Negotiation faculty member and a Senior Lecturer in Public Policy at the Harvard Kennedy School Hannah Riley Bowles: I recently figured out that I am one of the lowest-paid people at my level in my organization—even though I am one of the top performers. I am also one … Read More
In Business Negotiation, Beware Overbidding: Lessons from Facebook
Facebook’s $19.6 billion acquisition of text-messaging start-up WhatsApp seemed exorbitant when it was negotiated back in February. But as it turns out, the final price tag on the fifth-largest technology deal ever turned out to be even higher.
… Read More
Negotiation Skills: At Pimco, a Successful Threat and an Uncertain Payoff
In business negotiations, threats can be fraught with risk. There is the risk that a threat will escalate conflict. There is the risk that a threat will motivate a desire for revenge. And then there is the risk that your threat will work perfectly, but you’ll be unprepared for the aftermath.
That last scenario may … Read More
To set more accurate negotiation goals, try unpacking
As negotiators, we understand the importance of estimating the likely parameters of an agreement in upcoming talks. Yet even the most experienced negotiators have moments of surprise at the bargaining table when they realize that their estimates were far off the mark.
A new negotiation study by professor Michael P. Haselhuhn of the University of California … Read More
Stay “in the deal”
As Joe Biden tells it, he never wanted to be vice president.
When Barack Obama asked him to consider being vetted as his running mate, Biden declined. Traditionally, the vice presidency was a largely ceremonial position removed from the center of power. Though recent VPs, most notably Dick Cheney, had changed that, Biden, as a longtime … Read Stay “in the deal”
In the NFL, Roger Goodell’s Dealmaking for Mutual Gains
Because an agent’s incentives are rarely, if ever, perfectly aligned with those of her principal (principal-agent theory), many business negotiators have been burned by agents who put their own interests first. Agents in many fields, for example, have a motivation to close deals quickly – rather than for the best price – and earn quick … Read More
Business Negotiators: How You Can Avoid Striking Out
When a difficult negotiation such as a labor contract renegotiation looms, it can be tempting for each side to try to make unilateral decisions on certain issues because of the belief that negotiation with the other side will be a dead end. This strategy may pay off in the short term, but it’s important to … Read More
Dealing with Difficult People: Tackle Tough Issues Together
When a difficult negotiation such as a labor contract renegotiation looms, it can be tempting for each side to try to make unilateral decisions on certain issues because of the belief that negotiation with the other side will be a dead end. This strategy may pay off in the short term, but it’s important to … Read More
Conflict Resolution: Ted Kennedy and the Art of Collaboration
In our politically charged era, most Americans—Republicans, Democrats, and Independents alike—seem to be able to agree on one thing: in recent years, Congress has been a poor model of negotiation behavior. Battles sometimes seem to be fought less on principle than on a vindictive desire to beat the other side. Mutual respect is in short … Read More
Lawyers in Mediation and the Mediation Process
How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research … Read Lawyers in Mediation and the Mediation Process
Thanks to Keen Negotiation Skills, the Carolinas Avoid a Border Dispute
Due to the frequency of their border disputes, the United States can at times seem not so united. The states of Georgia and Tennessee are currently embroiled in a heated conflict over a mile-long strip of land. A dispute between Georgia and South Carolina over several islands reached the Supreme Court, as did a conflict … Read More
To Close an International Negotiation, Obama Tries a Domestic “Work-Around”
As he entered his second term in office, President Obama set a goal of taking concrete steps to address global climate change. A global agreement on the issue is in sight, but a key obstacle stands in the way: the U.S. Senate. According to the Constitution, a president needs approval from a two-thirds majority of … Read More
Negotiation Skills: Are You Sure You’re Sharing?
If you’ve ever been annoyed by a negotiation counterpart who can’t seem to remember your interests and priorities, it could be that your communication skills, not his poor memory, are to blame. Negotiators typically aren’t as transparent as they think they are. In some cases, we think we’re revealing more information to the other side … Read More
For Bank of America, Dealmaking to Turn the Page
Negotiation often marks a new beginning: of a partnership, a project, or employment relationship. At other times, the goal of dealmaking is as much about reaching an ending as it is about moving forward.
That’s the attitude with which Bank of America wrapped up its settlement negotiations with the Department of Justice (DOJ) last month. For … Read For Bank of America, Dealmaking to Turn the Page
Conflict Management: When Do “Sacred” Issues Keep Negotiators Apart?
At some point or another, most negotiators claim that a certain issue is a deal breaker.If you’re trying to sell your business, for instance, you might walk away from talks with a potential buyer who you believe would lay off many of your longtime employees. Or if someone asks you to go in on a … Read More
Negotiation research you can use: Anger, sadness, and sacred issues
We’ve seen that people whose sacred, or morally significant, values are threatened tend to react with strong emotions that make them uncompromising. In a new study published in Judgment and Decision Making, University of Southern California researchers Morteza Dehghani, Peter J. Carnevale, and Jonathan Gratch find that our counterparts’ emotions affect how cooperative we are … Read More
Conflict Management Techniques: Should You Take Your Dispute Public?
To turn up the heat on opponents, negotiators sometimes advertise their grievances.
Here’s negotiation skills advice on when it’s a good idea to be vocal—and when to keep talks private.
The decision seemed nonsensical.
Early on the morning of March 7, 2010, with the Academy Awards telecast just hours away, the Walt Disney Company pulled the signal on … Read More
How to Deal When the Going Gets Tough
Most business negotiators understand that by working collaboratively with their counterparts while also advocating strongly on their own behalf, they can build agreements and longterm
relationships that benefit both sides.
During times of economic hardship, however, many negotiators abandon their commitment to cooperation and mutual gains.
Instead, they fall back on competitive tactics, threatening the other … Read How to Deal When the Going Gets Tough
Cooperation in Congress? Liberals and Libertarians Polish Their Negotiation Skills
On June 19, Republican Representative Thomas Massie of Kentucky, a libertarian, teamed up with two liberal Democrats, Zoe Lofgren of California and Rush D. Holt of New Jersey, to push through an amendment that places new prohibitions on the National Security Agency and the CIA’s surveillance operations, including barring the agencies from engaging in warrantless … Read More
Why We Focus on Culture in Negotiations
Adapted from “Coping with Culture at the Bargaining Table,” first published in the May 2009 issue of Negotiation.
Why we focus on culture
Why does concentrating on the other side’s culture lead to problems in negotiation? Consider that negotiators often focus too narrowly on the most obvious information about the task at hand. Such focusing failures lead negotiators to … Read Why We Focus on Culture in Negotiations
Intercultural Negotiations: When Negotiators Try Too Hard
Adapted from “Coping with Culture at the Bargaining Table,” first published in the May 2009 issue of Negotiation.
Though intercultural negotiating schemas can be useful, negotiators often give too much weight to them, according to an article in the May issue of the journal Negotiation and Conflict Management Research, “Starting Out on the Right Foot: Negotiation Schemas When … Read More
Dealmaking and Business Negotiations: 6 Tips for Novice Hagglers
Whether you’re purchasing a new home or car, or negotiating a discount on an inventory purchase for your firm, the art of haggling enables negotiators to make a strong claim for their share of the pie. Here are six tips from the Negotiation Briefings newsletter to help you start becoming a better at haggling in … Read More
Hong Kong Lawyer Benny Tai Inspired by Harvard Negotiation Project Authors
The Harvard Negotiation Project was recently mentioned in the Wall Street Journal by David Feith in his interview with Benny Tai, “China’s New Freedom Fighters.”
Benny Tai, a 49 year old lawyer who has been branded an “enemy of the state,” founded Occupy Central with Love and Peace, a group that promotes civil disobedience in order … Read More
Negotiation research you can use: Message received: Smartphones and negotiation don’t mix
You’ve probably grown accustomed to seeing people not-so-discreetly checking messages on their smartphones or laptops during meetings. Maybe you’ve even been guilty of this yourself.
Paying more attention to a phone than to the person in front us is clearly rude in most situations. Could it also affect how well we negotiate? Researchers Aparna Krishnan and … Read More
Reciprocation and Creating Value or Claiming Value Through Haggling
At this point, you have entered the realm of haggling: the dance of concessions that follows each party’s first offer. (In our TV negotiation, the $1,100 list price was the store’s first offer.)
For some, this is where the real fun begins; for others, it’s time of great anxiety. To manage your stress, keep your BATNA … Read More
Is your negotiating style holding you back?
The story, related by an anonymous job candidate on a blog called the Philosophy Smoker, went viral. According to the job candidate, referred to only as “W,” the philosophy department of Nazareth College, a small liberal-arts college in Rochester, New York, offered her a tenure-track position following a round of interviews. W said she responded … Read Is your negotiating style holding you back?
For Steve Ballmer, Negotiation Skills Go on the Back Burner
On May 30, the National Basketball Association (NBA) announced it had approved former Microsoft CEO Steve Ballmer’s record-breaking $2 billion offer to buy the Los Angeles Clippers from Shelly Sterling, wife of Clippers owner Donald Sterling. In April, the NBA banned Sterling from the league for life after racist remarks he made during a phone … Read More
Dealmaking: What About the Fine Print?
Choosing the right words for your contract is a negotiation in itself. Five guidelines will help you achieve greater precision.
When negotiators sign on the dotted line, they sometimes worry about the wrong concerns.
“Did I overpay?” wonders the buyer as he inks the sales agreement.
Across the table, the seller is thinking, “I bet if I’d pushed … Read Dealmaking: What About the Fine Print?
The Lessons of Diplomacy
Max Bazerman has had extensive experience teaching corporation’s executive negotiation courses. In addition to the faculty and students, some of his sessions have been attended by high level former diplomats who had worked on cases discussed in class. The diplomats were invited, where appropriate, to provide insight into local customs, changing politics, and business norms. … Read The Lessons of Diplomacy
The Paradox of Positions
It’s not difficult for negotiators haggling over seemingly finite resources to become entrenched in their positions. Sometimes the only way to get unstuck is to think appreciatively and creatively about the other side. Rather than trying to determine why a person has taken a particular position, consider what she wants, appreciate it, and try to … Read The Paradox of Positions
Negotiating with a Mediator’s Assistance: A Case Study
A few years ago, Stephen B. Goldberg was asked to serve as a facilitator for and adviser to a corporate team from a telecommunications firm that was preparing to negotiate with five other telecom companies on the division of radio spectrum for cellular telephone relay satellites.
… Read More
Disappointed by Results? Improve Accountability in Business Negotiations
When it comes to planning and carrying out talks, negotiators are too often left to their own devices.
Here’s how to guide your employees toward better results.
How satisfied are you with the outcomes that negotiators in your organization achieve?
Most likely, you can think of a few successes worth crowing about, a few you’d like to sweep … Read More
Great Negotiator 2014 Tommy Koh Describes Negotiation as an Art and Science
Program on Negotiation and Harvard Kennedy School’s Future of Diplomacy Project Great Negotiator award winner for 2014, Singaporean diplomat Tommy Koh, wrote an article about his experience winning the Great Negotiator award from Harvard University and the insights into negotiation he offered while honored here in Cambridge, Massachusetts.
… Read More
In Business Negotiations, 12 Strategies for Curbing Deception
In negotiation, deception can run rampant: parties “stretch” the numbers, conceal key information, and make promises they know they can’t keep.
Unfortunately, most of us are very poor lie detectors. Even professions that encounter liars regularly, such as police officers and judges, do not perform better than chance at detecting deception, Professor Paul Ekman of the … Read More
For Detroit Pensioners, Dispute Resolution Pays Off
On April 15, Detroit city employees and retirees breathed a huge sigh of relief after the city’s emergency manager and its pension fund managers reached a deal that would significantly reduce proposed cuts to pension benefits, CNNMoney reports. Some civilian workers will face a 4.5% reduction in pensions and lose cost-of-living adjustments. Retired public-safety workers … Read More
Negotiation Skills: Bring Future Concerns to the Bargaining Table
You can’t control the U.S. financial markets, but you can take these three steps to make sure your deals don’t contribute to a predictable surprise in your own home or organization.
… Read More
A winning pitch?
Under the terms of the Major League Baseball (MLB) 2011 collective bargaining agreement, the New York Yankees, known for their deep pockets, faced incentives to break with tradition and keep their 2014 payroll under the league’s luxury tax threshold of $189 million.
Thanks to its habitual sky-high spending, the team faced a 50% league tax on … Read A winning pitch?
Bringing Congress back to the negotiating table
“I’ve always had a Republican partner, every time,” says former Democratic senator Chris Dodd, speaking of his legislative victories during his 30 years of service.
Members of Congress do not always need bipartisan support to push through their legislative agendas, yet some of the most significant initiatives passed by the U.S. Senate and House of Representatives … Read Bringing Congress back to the negotiating table
Others May Be More Powerful Than You Think They Are
Imagine that you’re a national account sales manager and are preparing to negotiate your annual raise.
You have met all your sales objectives and feel that you are not only a valuable employee but also the top producer in the department.
You feel quite confident that you will receive the highest possible salary increase. But during an … Read More
You Have Less Information Than You Think
Most negotiators understand the importance of preparation and will dedicate significant time and energy to analyzing important negotiations in advance.
Chances are, however, that powerful negotiators will undertake less informative and less accurate analyses than their weaker counterparts will.
For instance, in a hypothetical salary raise negotiation, a negotiator may be so confident of her contributions that … Read You Have Less Information Than You Think
With “Surrender,” John Boehner Shows Keen Negotiation Skills
On February 11, House of Representatives Speaker John A. Boehner reportedly rendered his Republican colleagues speechless. At a meeting of the Republican Capitol Hill Club, Boehner announced that he would bring to a vote a measure to raise the U.S. government’s borrowing limit without preconditions until March 2015, as reported in the New York Times.
The … Read More
Smart phones, smart negotiators?
Imagine yourself in the following situations:
■ A client calls you, skipping the usual pleasantries: “Why haven’t you gotten back to me? I e-mailed you about adding on to our order two days ago.” Suddenly you remember the e-mail that popped up on your cell phone while you were waiting to buy groceries. You made a … Read Smart phones, smart negotiators?
Negotiators: Prepare to go with the flow
The deal started with an offhand remark at a news conference. In September, as President Barack Obama threatened U.S. military action against Syria, a reporter asked U.S. secretary of state John Kerry if there were any way an attack could be avoided. Syrian president Bashar al-Assad “could turn over every single bit of his chemical … Read Negotiators: Prepare to go with the flow
Top 10 International Negotiations of 2013: A Temporary Agreement with Iran
On November 24, the United States and five other world powers announced an interim agreement to temporarily freeze Iran’s nuclear program. The six-month accord is designed to give international negotiators time to negotiate a more comprehensive pact that would remove the threat of Iran producing nuclear weapons.
… Read More
What aren’t you noticing in your negotiations?
Recently, a corporation that we’ll call Firm A was negotiating to give another company, Firm B, access to its intellectual property. The CEOs reached an oral agreement on deal terms, and the lawyers on both sides began drafting the formal contract.
At this point, Firm B asked for the right to use Firm A’s intellectual property … Read What aren’t you noticing in your negotiations?
Top Ten Business Deals of 2013: Women Lean In
It wasn’t a single mega-deal, but possibly thousands of small ones that sprang up following the publication of Facebook COO Sheryl Sandberg’s book Lean In: Women, Work, and the Will to Lead this year.
… Read Top Ten Business Deals of 2013: Women Lean In
Top Business Negotiations of 2013: Fiat’s Pursuit of Chrysler
In 2009, when Chrysler on the verge of financial collapse, the Treasury Department negotiated a swift solution to save it from extinction. Chrysler would go into bankruptcy, and then its ownership would be divided up, with the majority going to a Chrysler union workers’ health-care trust, 20% to Italian automaker Fiat, 10% to the U.S. … Read More
“Sacred Values” Crop Up in Conflict Management
On November 24, the United States and five other world powers announced an interim agreement to temporarily freeze Iran’s nuclear program. The six-month accord is meant to give international negotiators time to negotiate a more comprehensive pact that would remove the threat of Iran producing nuclear weapons.
… Read “Sacred Values” Crop Up in Conflict Management
Dealmaking: Why It’s Tempting to Trust Your Gut
In his best-selling novel Blink, Malcolm Gladwell scans the psychological literature and uncovers fascinating nuggets of knowledge.
He describes people who can assess the integrity of a work of art within seconds, predict the likelihood that a couple will get divorced based on a short conversation, and assess their romantic interest in another on a “speed … Read Dealmaking: Why It’s Tempting to Trust Your Gut
Joint Fact Finding: Mapping the Territory Together
Some might argue that confrontation is inevitable. But a wide range of collaborative efforts around the country have shown that it can be avoided.
How can negotiators find their way into the trading zone quickly and easily?
One proven method is joint fact finding.
… Read More
Will you behave ethically?
A lack of transparency regarding negotiations between hospitals and the insurers known as preferred provider organizations, or PPOs, is a key contributor to spiraling health-care costs in the United States, according to an August article in the New York Times.
The problem starts with the somewhat arbitrary, sky-high prices that hospitals put on their supplies and … Read Will you behave ethically?
Business Negotiations: What You Need to Know About Joint-Fact Finding
Joint fact finding is a multistep, collaborative process for bringing together negotiating partners with different interests, values, and perspectives. Here are the five stages through which joint fact finding typically proceeds.
… Read More
Matching Rights in Business Negotiations: Advice for the Grantor – Use Matching Rights to Bridge the Gap
In negotiation, including a matching right in an agreement can be a classic win-win move.
Suppose you’re a landlord negotiating with a prospective tenant. You want to maintain the ability to sell the apartment to someone else in the future, while your prospective tenant wants a commitment to rent the apartment for as long as … Read More
The Deal is Done – Now What?
At last, the deal is done. After 18 months of negotiation, eight trips across the country, and countless meetings, you’ve finally signed a contract creating a joint venture with a Silicon Valley firm to manufacture imaging devices using your technology and their engineering.
The contract is clear and precise. It covers all the contingencies and has … Read The Deal is Done – Now What?
Program on Negotiation Faculty On How To End the US Government Shutdown
The Washington Post’s “On Leadership” column by Jenna McGregor asked renowned negotiation experts on how the government shutdown in Washington, DC could be ended at the bargaining table.
Among the experts interviewed were Robert Mnookin, Chair of the Program on Negotiation at Harvard Law School (PON) and author of Bargaining With The Devil: When To Negotiate, … Read More
How Nervous Energy Affects Negotiators and Conflict Management
Negotiation is often characterized as a physiologically arousing event marked by pounding heart, queasy stomachs, and flushed faces. We might assume that heightened physiological arousal would mar our negotiation performance, but this is only true for some, researchers Ashley D. Brown and Jared R. Curhan of the Massachusetts Institute of Technology found in a new … Read More
A deal blows up
When negotiating a new business partnership, what should you do if you begin to believe that your partner is less attractive than he (or it) first appeared? Duke Energy faced this question during the course of its nearly two years of merger negotiations with Progress Energy.
In July 2012, the two North Carolina– based companies closed … Read A deal blows up
When You Shouldn’t Go It Alone
A five-year old American manufacturer of medical equipment has just secured a patent on its primary product, a new kind of heart monitor. The potential market is even stronger than the company imagined, yet its second round of venture capital funding is coming to an end. A few other manufacturers are about to go public … Read When You Shouldn’t Go It Alone
In Conflict Management, The Devil is in the Details
Negotiators engaged in conflict management are commonly advised to focus on the big picture, but sometimes it’s the smaller signs that can derail an agreement.
That was literally the case in July when the U.S. government’s plans to engage in peace talks with the Taliban were scuttled over a simple sign and other symbols, as Dion … Read More
Got a raw deal? Renegotiate a better one
Many viewed the deal to be a terrible one from the start. 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 for nearly $1.2 billion in an attempt to tackle a budget shortfall of about $500 … Read Got a raw deal? Renegotiate a better one
Bet you didn’t know…When learning is the best goal of all
Abundant negotiation research suggests that negotiators are better off setting specific, challenging goals rather than vague “I’ll do my best” goals. In a new study, Kevin Tasa of York University in Toronto and his colleagues take a first look at whether it’s better to focus your specific goals on the negotiation process or on its … Read More
Win-Win Negotiations in the Middle East: How the Principles Behind the Harvard Negotiation Project Apply to Israel and Palestine
Peace talks in the Middle East between Israel and Palestine have stalled for years and, with no ‘new beginnings’ on the horizon, many have come to expect stagnation and lack of progress in talks between the neighbors. That was until this week when Secretary of State John Kerry was successful in getting Palestinian and Israeli … Read More
Bet you didn’t know … New negotiation research
Negotiating in high alert
Negotiation is often characterized as a physiologically arousing event marked by pounding hearts, queasy stomachs, and flushed faces. We might assume that heightened physiological arousal would mar our negotiation performance, but this is only true for some, researchers Ashley D. Brown and Jared R. Curhan of the Massachusetts Institute of Technology found … Read More
Mediating Tragedy: Managing the Boston Victim’s Compensation Fund
In mid-May, about a month after the Boston Marathon bombings of April 15, lawyer and mediator Kenneth Feinberg stood in an auditorium at the Boston Public Library to address families who had been directly impacted by the tragedy. Feinberg was in charge of administering One Fund Boston, a fund created to distribute donations to the … Read More
Deal Making Without a Net: Yahoo’s Tumblr Acquisition
On May 19, Internet company Yahoo announced that it was purchasing the blogging service Tumblr for about $1.1 billion in cash. The acquisition could put a fresh face on the aging Internet company and provide it with a profitable revenue source—or it could turn out to be another instance of the Web pioneer overpaying for … Read More
What to Do Before the Deal Breaks Down
Whenever one side fails to meet its contractual obligations, renegotiation is more likely to succeed if the parties have a strong relationship. Ideally, the aggrieved party will value long-term relations more than potential gains from a claim for breach of contract. For example, a bank will be more willing to renegotiate a loan with a … Read What to Do Before the Deal Breaks Down
Bet you didn’t know…Will a team approach work? Consider the culture
In negotiation, two (or more) heads are better than one, most researchers have found. In several studies conducted in the United States, teams were better than solo negotiators at exchanging information with counterparts and making accurate judgments, and teams also achieved better outcomes for everyone involved.
The tendency of teams to outperform solo negotiators has been … Read More
Beyond the Bottom Line
What do people value when they negotiate?
Research by Professors Jared R. Curhan and Heng Xu of MIT’s Sloan School of Management and Hillary Anger Elfenbein of Berkeley’s Haas School of Business provides useful insights concerning this basica question.
Using survey data collected from everyday negotiators and filtering it through a sorting procedure conducted by negotiation … Read Beyond the Bottom Line
Bring Long-Term Concerns to the Bargaining Table
It can be difficult to keep future concerns at the forefront of your company’s most important decisions. Fortunatly, research on intergenerational conflict has uncovered best practices for ensuring that you and your employees take the long view.
… Read Bring Long-Term Concerns to the Bargaining Table
Negotiation Design Dimensions: A Checklist
Here the Program on Negotiation offers a checklist of negotiation design categories. Whether your overall negotiation design is decide-announce-defend (DAD) or full-consensus (FC), or a hybrid of both, raising these issues is usually preferable to falling into a set of important decisions by default.
… Read Negotiation Design Dimensions: A Checklist
Leaving millions on the table
It’s hard to imagine a situation in which negotiating counterparts would choose to sacrifice hundreds of millions of dollars rather than reach agreement. But this is the choice that New York City and its teachers union, the United Federation of Teachers (UFT), made in January when they declared impasse on a new teacher evaluation system.
Back … Read Leaving millions on the table
Bet you didn’t know… New research on employee satisfaction, sadness, and selfless negotiators.
Satisfied employees, satisfied customers?
In a new study, Shu-Cheng Steve Chi of the National Taiwan University and his colleagues find that the degree to which salespeople enjoy their work has a significant impact on customer satisfaction with the outcome of sales negotiations.
The study examined negotiations over the price of eyewear between salespeople and customers at the … Read More
Complexity Personified: International Standards Negotiations from a Microsoft Manager’s Perspective
Complexity Personified: International Standards Negotiations from a Microsoft Manager’s Perspective
On April 3, 2013, the Program on Negotiation hosted Jason Matusow, General Manager of International Standards at Microsoft, for a lunch seminar. His talk, titled “Complexity Personified: International Standards Negotiations from a Microsoft Manager’s Perspective,” covered the myriad of challenges that can arise when managing both … Read More
Coping with the Other Side’s Draft
Imagine that your counterpart has placed a draft on the table. Here are three approaches to consider in response.
… Read Coping with the Other Side’s Draft
Anticipating Coalitional Behavior
In the early days of his tenure, a chairman spends too much time reviewing the details of his proposed policy with his staff and not enough time sounding out council members to drum up support for his reforms.
The chairman’s missteps lead us to the first rule of coalition building: think carefully about how and when … Read Anticipating Coalitional Behavior
Working with Your Agent – and Someone Else’s – In Negotiation
Negotiations become especially complex when agents are involved on two or more sides.
In the course, of their research, Robert Mnookin and Lawrence Susskind discovered that many negotiators often mistakenly assume that an agent representing the other side
… Read More
Dear Negotiation Coach: “Does our negotiating plan sound unethical?”
Q: My husband and I would like to sell our condo and buy a house right away, but we need to save a bit more money, as we are slightly under water on our current mortgage and want to preserve our nest egg. Recently, however, an acquaintance of ours told us that he loves our … Read More
Coping with negotiator emotion, both fake and fleeting
Following the British Petroleum oil spill in the Gulf of Mexico in the spring of 2010, some media observers criticized President Barack Obama for seeming to be emotionally detached. Obama ultimately did display anger about the oil spill in a televised interview, only to be further critiqued on the grounds that his anger did not … Read More
Prospering in a Multiparty Trade Zone
With thorough preparation, the help of a trained mediator, and useful reports from subgroups, participants in a multiparty negotiation should be able to find their way to the trading zone. Once they’ve arrived, the next step is to work together to ensure that everyone’s interests are met.
… Read Prospering in a Multiparty Trade Zone
Managing Status in Negotiation
Concerns about status will arise in any negotiation. How can you deal with them, both in yourself and in others? The following six guidelines can help in virtually any context
… Read Managing Status in Negotiation
A Better Approach to Decision Making
When you’re making important decisions during a negotiation and have the luxury of time, what’s the alternative to Blink?
Should you completely ignore your rapid cognitions?
In the article “Strategies for Negotiating More Rationally,” we described University of Toronto professor Keith Stanovich and James Madison University professor Richard F. West’s distinction between System 1 and System … Read A Better Approach to Decision Making
Learning from the deficit-reduction talks
Does anyone down there know how to cut a deal?” Senate Republican Mitch McConnell said to Vice President Joe Biden. It was Sunday, December 30, 2012, the day before the “fiscal cliff ” deadline, and the minority leader had phoned Biden out of a sense of desperation, report Patrick O’Connor and Peter Nicholas in the … Read Learning from the deficit-reduction talks
Emotion and Judgment
The work of University of Iowa neuroscientists Antoine Bechara, Daniel Tranel, and Hanna Damasio demonstrates the effects of emotion on decision making.
… Read Emotion and Judgment
The Dictator Game: Justifying Selfishness in Negotiation
In a recent study of selfishness in negotiation, Fei Song of York University and C. Brian Cadsby and Tristan Morris of the University of Guelph had participants play the “dictator game,” adapted from experimental economics literature. In this game, Party A is given a sum of money to allocate between himself and Party B. Because … Read More
Grant Strother (HLS 2012) Wins Conflict Prevention and Resolution Award for Best Original Student Article
Recent Harvard Law School Graduate Grant Strother ’12 was selected to receive The International Institute for Conflict Prevention & Resolution (CPR) Outstanding Original Student Article Award for his paper, “Resolving Cultural Property Disputes in the Shadow of the Law.” This award recognizes a student article or paper that is focused on events or issues in … Read More
Accountability and Negotiation: An Overview
Based on current research, the following is a summary of the information you need to set up an optimal accountability system for negotiators in your organization.
… Read Accountability and Negotiation: An Overview
When impasse looms, bring them back from the brink
On November 20 of last year, Hostess Brands announced that it had failed to reach 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
Launch successful business partnerships
On November 20, 2012, just a year after its $11.1 billion purchase of British data company Autonomy, high-tech giant Hewlett-Packard (HP) announced that it was taking an $8.8 billion write-down and a huge quarterly loss in connection with the deal. According to HP CEO Meg Whitman, a lengthy investigation by HP had determined that Autonomy … Read Launch successful business partnerships
The Mediator as Negotiation Advisor: Team versus Individual Interests
If you’ve ever been part of an organization team preparing to negotiate an agreement with another organization, you probably have faced this frustrating task: Aligning your individual interests , other team members’ interests, and those of your company as a whole.
… Read More
Taking an Outside View
Cognitive biases affect even smart and highly educated negotiators. Unfortunately, awareness of our biases is not enough to prevent their having a negative impact on our next negotiation.
… Read Taking an Outside View
Business Negotiations and the Return of the LBO
Computer giant Dell’s potential $23 billion leveraged buyout could mark the beginning of a new era of sky-high-priced acquisitions, writes Matt Wirz in the Wall Street Journal.
… Read Business Negotiations and the Return of the LBO
Laughing Matters
You don’t have to be serious to be a serious negotiator. Humor, deftly used, can be a positive factor in promoting agreement.
That’s what Finnish researcher Taina Vuorela confirmed in a comparative study of two real-world transactions. One was an internal meeting of a sales team trying to hammer out a strategy to land a potential … Read Laughing Matters
Fickle Intuition
Placing Trust in Others
When it comes to trusting others, negotiators often rely on their gut instincts.
Recent studies indicate, however, that extraneous factors can sway such judgments.
For example, Michael Kosfeld and other University of Zurich researchers introduced a twist in a classic trust game in which subjects must decide on how much money to invest when … Read Fickle Intuition
Are You an Overconfident Negotiator?
In 1901, J.P. Morgan wanted to buy the Carnegie Steel Company from its founder, Andrew Carnegie.
Carnegie was 65 years old and considering retirement. As Harold C. Livesay recounts in his book Andrew Carnegie and the Rise of Big Business (Little, Brown, 1975), when Carnegie finally decided he was ready to sell, he jotted down his … Read Are You an Overconfident Negotiator?
Practicing to Be Spontaneous
In both improv and negotiation, confidence often comes from having fallback routines. Improv performers buy time by resorting to “physical business” – pouring an imaginary glass of beer, for example. Seasoned negotiators use similar gambits to slow down the clock and get their bearings:
… Read Practicing to Be Spontaneous
Team Building, One Player at a Time
In late October, the Detroit Tigers were preparing to face off against the San Francisco Giants in Major League Baseball’s World Series. In 2002 and 2003, the Tigers had two of the worst seasons in baseball history, losing a combined 225 games. But through years of calculated decision making and negotiations, team president Dave Dombrowski … Read Team Building, One Player at a Time
Simulating International Negotiations: The U.S.-Iran Crisis
When tensions rise between parties, the temptation to escalate commitment to a specified position can be overwhelming—and the likelihood that negotiations will resolve the dispute becomes increasingly slim.
… Read More
Negotiation Skills Tips: Be a Relationship Negotiator
During talks, effective relationship negotiators focus on a variety of noncontractual issues, including:
Getting to know the other side well
Establishing a positive personal chemistry between the leadership of the companies involved
Understanding and respecting each other’s cultures, expectations, and goals
Putting mechanisms in place to foster communication after the contract is signed
Ensuring that the proposed deal is … Read More
Measuring the Cost of Betrayal Aversion
Richard Zeckhauser and Program on Negotiation faculty member Iris Bohnet have found that negotiators leave substantial amounts of money on the table due to betrayal aversion. They conducted experiments in which they compared people’s willingness to take risks in two decision situations. The first situation is a lottery whose outcome is based on chance. Participants … Read Measuring the Cost of Betrayal Aversion
The Role of Urban Planners in Negotiations: Case Study of Israeli-Palestinian Negotiations
Can urban planning tools help negotiators develop creative solutions to complex disputes? Karen Lee Bar-Sinai, Loeb Fellow at Harvard Graduate School of Design (GSD), recently explored this topic in a talk entitled “The Role of Urban Planners in Negotiations: Case Study of Israeli-Palestinian Negotiations.” The first in a series of seminars co-sponsored by the Middle … Read More
Setting and Articulating the Goal: Great Negotiator Charlene Barshefsky Shares Her Negotiation Strategy with HLS Students
Great Negotiator Award winner and former United States trade representative (1997-2001) to Japan and China, Ambassador Charlene Barshefsky visited Harvard Law School to speak with students in HLS Clinical Professor Robert Bordone’s Advanced Negotiations Workshop course on October 3.
… Read More
Water Diplomacy: Value Creating Approachs to Water Negotiation
Zero-sum thinking emerges when people conceive of water as a fixed resource – one provided by nature in a given quantity that is either static or diminishing. Based on these assumptions, diplomats often focus on what share of the existing water will be given to each entity. Negotiations of this type typically involve decision makers … Read More
Water Diplomacy: Creating Value and Building Trust in Transboundary Water Negotiations – Israel and Jordan, From War to Water Sharing
Most difficulties in water negotiations are due to rigid assumptions about how water must be allocated. When countries (or states) share boundary waters, the presumption is that there is a fixed amount of water to divide among them, often in the face of ever-increasing demand and uncertain variability. Such assumptions lead to a zero-sum mindset, … Read More
Mediation, Arbitration, and the Promise of Privacy
Negotiators often choose to resolve their conflicts through mediation, arbitration, and other alternative dispute resolution methods because of the privacy these methods promise. Unlike the public nature of litigation, mediation and arbitration typically give parties the freedom to hash out sensitive issues without the fear that their discussions and agreement will become public knowledge. Two … Read More
Bring Back Your Deal from the Brink
What can you do when a difficult person is the main obstacle to a promising deal? There are a number of strategies you can use to bring the deal back from the brink of failure. In a series of posts, the Program on Negotiation will offer ten suggestions.
… Read Bring Back Your Deal from the Brink
Becoming a More Balanced Negotiator
How can you avoid being pulled in opposite directions by contradictory imperatives? These three concrete steps can guide you through your next important negotiation.
… Read Becoming a More Balanced Negotiator
What Can an Apology Do?
Following a violation, negotiators become less cooperative, less trusting, more upset, and more likely to retaliate against the perceived perpetrator. An apology can reverse the damage.
… Read What Can an Apology Do?
Resolving Conflicts on the High Seas
In negotiation over a limited pool of resources, conflicts often spring up over what constitutes a fair agreement. If two business partners are going their separate ways, they might have different ideas about how their shared assets should be divided, for example. Currently, such a dispute is playing out between China and four of its … Read Resolving Conflicts on the High Seas
Is the Devil in the Details?
You’re close to a deal, but concerns linger. Some of the contract seems less than precise. What in the world does “reasonable best efforts” mean, for example, or “good faith”? Negotiators in this commonplace situation face a choice: push for more precision now or sign the deal and hope the ambiguities won’t cause trouble down … Read Is the Devil in the Details?
Turn Your Adversary Into Your Advocate: How to Ask for Advice
Advice seeking is a versatile negotiation tool, as long as you project the right image and tone. Here are three guidelines:
… Read More