Discover how to collaborate, negotiate, and bargain with even the most combative opponents with, Dealing with Difficult People, a FREE special report from the Program on Negotiation at Harvard Law School.


relationship

As one of the "seven elements," relationship refers to the relationship a negotiator has or wants with other parties. This may include his or her relationship both with those across the table and with anyone else who might affect the negotiation or be affected by the negotiator’s reputation. The conduct and outcome of a negotiation have the potential to either damage or strengthen a relationship. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 282). See Also: Dealmaking – Relationship Rules and Business Negotiations, Negotiation Skills: Which Negotiating Style is Best?, Negotiation Games for the New Academic Year.

The following items are tagged relationship

Daily

International Negotiations and Cognitive Biases in Negotiation

Posted by & filed under International Negotiation.

international negotiations

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 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems BR

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

Negotiation and Leadership Dealing With Difficult People and Problems Spring sessions: April 16–18 | May 14–16 | June 18–20 2018 Fall sessions: September 24–26 | October 15–17 | December 3–5 2018 Focused one-day sessions Spring sessions: April 19, 2018 | May 17, 2018 | June 21, 2018 Fall sessions: September 27, | October 18, | December 6, 2018

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Negotiation Genius

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

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Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems AQ

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

Negotiation and Leadership Dealing With Difficult People and Problems Spring sessions: April 16–18 | May 14–16 | June 18–20 2018 Fall sessions: September 24–26 | October 15–17 | December 3–5 2018 Focused one-day sessions Spring sessions: April 19, 2018 | May 17, 2018 | June 21, 2018 Fall sessions: September 27, | October 18, | December 6, 2018

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

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

Free Report

Negotiation and Leadership Fall 2018 Brochure

Posted by & filed under Free Report.

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. … Read More 

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Mediation: Negotiating a More Satisfactory Divorce

Posted by & filed under Mediation.

mediation

We’ve all heard nightmarish stories of divorce battles that take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be daunting, especially when the principals are barely speaking to each other. In the worst-case scenario, bitter spouses hire cutthroat lawyers … Read More 

Courses and Training

New! Advanced Mediation Workshop: Mediating Complex Disputes

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

Course Dates: TBD You’ve handled numerous mediation sessions with ease. You are confident in your mediation skills, especially between two parties who want a fair resolution. But how do the dynamics change when their lawyers join the session? What happens when the mediation expands to multiple parties who are bringing many issues to the table? Mediators … Read More 

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Real Leaders Negotiate!

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Jeswald Salacuse examines the role of negotiation in gaining, exercising, and retaining leadership within organizations, and instructs readers on the way to use negotiation to lead effectively. … Read More 

Free Report

NEW FREE REPORT! Salary Negotiations

Posted by & filed under Free Report.

Discover how to refine your negotiation skills with this free special report, Negotiation Training: How Harvard Negotiation Exercises, Negotiation Cases and Good Negotiation Coaching Can Make You a Better Negotiator, from Harvard Law School. … Read More 

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What is Anchoring in Negotiation?

Posted by & filed under Negotiation Skills.

anchoring

Consider this anchoring bias example from Harvard Business School and Harvard Law School faculty member Guhan Subramanian. While running a negotiation simulation in one of his classes, Subramanian noticed that one student spent a considerable amount of time explaining why $10.69 per hour would be an impossible wage rate to offer the student’s counterpart. The … Read More 

Courses and Training

Spring Mediation and Conflict Management

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

This course is designed to raise your awareness of your own approach to conflict, introduce a range of theories about mediation and participatory processes, and improve your conflict management skills. While we will discuss a wide range of dispute resolution processes that involve third parties, we will focus on mediation. Each class moves … Read More 

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Collective Bargaining at Central Division

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

Free Report

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The Moral Quandary: Negotiation Exercises Featuring Ethical Dilemmas

Posted by & filed under Teaching Negotiation.

Negotiation Exercises

In a negotiation, few issues heighten tensions faster than when one party feels that the other party has done something ethically or morally incorrect. To help professionals prepare for times like this, the Program on Negotiation’s Teaching Negotiation Resource Center (TNRC) offers a variety of negotiation exercises designed to teach participants how to handle disputes that … Read More 

Courses and Training

Leveraging the Power of Emotions As You Negotiate

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

We all experience emotionally challenging conflicts and negotiations. Whether you are negotiating with your board or with your family, over internal resources or with external partners, as the buyer or as the seller, emotions can turn an otherwise productive negotiation into an unprofitable disaster.It does not have to be that way. In this interactive workshop, … Read More 

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What Works

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

Free Report

Spring 2016 Seminar Program Guide

Posted by & filed under Free Report.

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. … Read More 

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The Importance of Communication in Negotiations: Preparing Your Negotiating Team

Posted by & filed under Negotiation Skills.

negotiations

When a team is preparing for a critical negotiation, members need to appoint a leader, allocate roles and responsibilities, and discuss their at-the-table strategy. Another key objective that teams sometimes fail to discuss is the importance of staying “on message” – that is, making sure that statements by individual members don’t contradict the group’s agreed-upon … Read More 

Courses and Training

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John & Mary

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James Lawrence Five- or six-person mediation between manufacturing company management and a former employee (and their respective counsel) regarding the employee’s departure amid allegations of sexual harassment; optional extra role for manager accused of harassment … Read More 

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5 Good Negotiation Techniques

Posted by & filed under Negotiation Skills.

negotiation techniques

You’ve mastered the basics of good negotiation techniques: you prepare thoroughly, take time to build rapport, make the first offer when you have a strong sense of the bargaining range, and search for wise tradeoffs across issues to create value. Now, it’s time to absorb five lesser-known but similarly effective negotiation topics and techniques that … Read More 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

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

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

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Free Report

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Overcoming Cross-Cultural Barriers to a Negotiated Agreement: Negotiation Ethics and International Negotiations

Posted by & filed under International Negotiation.

cross-cultural

Cross cultural negotiation examples provide insights into how negotiation techniques change depending on the context in which negotiators find themselves. As Professor Cheryl Rivers of Queensland University of Technology in Brisbane, Australia, points out in a recent negotiation research literature review, seasoned negotiators often hear stories about the unethical behaviors of people of other nationalities. … Read More 

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Negotiating At Work

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

Free Report

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Business Negotiation Skills: How to Deal with a Failing Business Partnership

Posted by & filed under Business Negotiations.

business negotiation

It had seemed like the beginning of a fruitful relationship. In April 2012, six wealthy businessmen teamed up to buy the Philadelphia Inquirer and several affiliated businesses for $61.1 million, promising to work together to reverse the newspaper’s flagging fortunes. Their infusions of cash and appointment of a Pulitzer Prize–winning reporter, William K. Marimow, as … Read More 

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The Mercury Negotiation Simulation

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

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

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

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Islands of Agreement Managing Enduring Armed Rivalries

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We are culturally conditioned to think of war and peace in binary terms of strict opposition. Correspondingly, we tend to focus our attention on conflict prevention or conflict resolution. But as Islands of Agreement demonstrates, peace and war are seldom polar totalities but increasingly can and do coexist within the confines of a single scenario. Consequently, … Read More 

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Inside Out

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

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A Negotiation Preparation Checklist

Posted by & filed under Negotiation Skills.

Negotiation preparation checklist

Without a doubt, the biggest mistake that negotiators make—and one that many make routinely—is failing to thoroughly prepare. When you haven’t done the necessary analysis and research, you are highly likely to leave value on the table and even to be taken advantage of by your counterpart. A negotiation preparation checklist can help you avoid … Read More 

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Good For You, Great For Me

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

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Negotiating with the Ministry of Health

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

Daily

Dispute Resolution for India and Bangladesh

Posted by & filed under International Negotiation.

dispute resolution

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 More 

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Negotiating with Another Federal Agency

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

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Negotiate the Healthcare Industry

Posted by & filed under Teaching Negotiation.

healthcare

Teach Your Students to Negotiate One of the Largest Global Industries Healthcare is one of the biggest economies in the world, with billions of dollars spent on treatments and associated research. There are typically significant interests at stake in healthcare negotiations, which are made all the more complex by the presence of both public and private … Read More 

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Akron Steel

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

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How to Negotiate with Friends and Family

Posted by & filed under Dispute Resolution.

negotiate with friends

“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 More 

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Thanks for the Feedback

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Doug Stone & Sheila Heen The bestselling authors of the classic Difficult Conversations teach us how to turn evaluations, advice, criticisms, and coaching into productive listening and learning … Read More 

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What To Do With Hexiglass?

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

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Negotiating About Pandas for San Diego Zoo

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

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The Process of Business Negotiation

Posted by & filed under Business Negotiations.

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 More 

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Ancient Greece and the Peloponnesian War

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Note: Purchase of the teacher’s manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Ancient Greece and the Peloponnesian War … Read More 

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ESL Negotiation: Avoid Confusion and Conflict

Posted by & filed under Negotiation Skills.

esl negotiation

“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 More 

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Viatex

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

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Putting Your Negotiated Agreement Into Action

Posted by & filed under Negotiation Skills.

negotiated agreement

Normally negotiators focus on the deal-at-hand as well as those present at the negotiation table, neglecting other aspects of the negotiated agreement that would not only impact others outside of the room but also require their cooperation for the agreement’s success and viability. … Read More 

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How to Find the ZOPA in Business Negotiations

Posted by & filed under Business Negotiations.

zopa in business

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

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Probation Games

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

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Women Negotiate

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

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Negotiation Skills: Which Negotiating Style Is Best?

Posted by & filed under Negotiation Skills.

negotiation skills

Is one negotiating style “better” than another? Most research suggests that negotiators with a primarily cooperative style are more successful than hard bargainers at reaching novel solutions that improve everyone’s outcomes. Negotiators who lean toward cooperation also tend to be more satisfied with the process and their results, according to Weingart. At the same time, … Read More 

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Negotiation of a Commercial Lease

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

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Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy

Posted by & filed under Dealmaking.

business negotiators

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

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What is a Win-Win Negotiation?

Posted by & filed under Win-Win Negotiations.

win-win negotiation

In an episode of the American television show The Office, bumbling manager Michael Scott consults with a manual on conflict resolution while attempting to mediate a dispute between two of his subordinates, Angela and Oscar. After Scott explains that there are five approaches to resolving conflict, beginning with “win-lose,” an annoyed Angela interrupts: “Can we … Read More 

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Lawyers & Clients

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

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Strategic NegotiationsA Theory of Change in Labor-Management Relations

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

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

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

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The Hidden Hazards of BATNA Development

Posted by & filed under BATNA.

BATNA

The following question was posed to Program on Negotiation faculty member and associate professor of business administration at Harvard Business School in the Negotiations, Organizations & Markets Unit, Francesca Gino and involves a negotiation example from real life from the world of business negotiations. … Read More 

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Renegotiating Health Care Resolving Conflict to Build Collaboration

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

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

Posted by & filed under Conflict Resolution.

negotiation

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

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Negotiation Strategies for Mutual Gain

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

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Mutual Gains Enterprise (The) Forging a Winning Partnership Among Labor, Management and Government

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In The Mutual Gains Enterprise, the authors argue that a “mutual gains system” in the workplace will help American business attain a world-class, sustainable competitive advantage and, at the same time, secure more rewarding employment for workers. Instead of unsuccessful pleas for more cooperation among labor, management, and government, a new approach, led by a … Read More 

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BATNA and Risky Negotiation Tactics

Posted by & filed under BATNA.

BATNA

Your BATNA is your “best alternative to a negotiated agreement.” Expect that your negotiating counterpart has one going into a negotiation, and so should you. Below is a good BATNA negotiation example involving how to leverage your away-from-the-bargaining-table options and the risks inherent with such a negotiation strategy. … Read More 

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

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

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Hidden Conflict in Organizations Uncovering Behind-the-Scenes Disputes

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Conflict is a persistent fact of organizational life. Much of it, however, rarely becomes public and instead is expressed `behind the scenes’ in such forms as avoidance, toleration, gossip and vengeance. This book is a collection of essays written by scholars and practitioners in the fields of organizational psychology and conflict management including John Van … Read More 

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Most Startups Fail. But Yours Doesn’t Have To.

Posted by & filed under Business Negotiations.

business negotiations

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 More 

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Getting Together Building Relationships as We Negotiate

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Expanding on the principles, insights, and wisdom that made Getting to Yes a worldwide bestseller, Roger Fisher and Scott Brown offer a straightforward approach to creating relationships that can deal with difficulties as they arise. Getting Together takes you step-by-step through initiating, negotiating, and sustaining enduring relationships-in business, in government, between friends, and in the … Read More 

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Learn How to Detect Lies in Negotiation

Posted by & filed under Daily, Negotiation Skills.

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 More 

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Getting to YES

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Roger Fisher, William Ury, and Bruce Patton A straightforward, universally applicable method for negotiating personal and professional disputes without getting taken-and without getting angry. … Read More 

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Everyday Negotiation Navigating the Hidden Agendas in Bargaining

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Originally titled The Shadow Negotiation — and named by Harvard Business Review as one of the Ten Best Books of the Year — this best-selling book illustrates effective ways to master the hidden agendas that determine bargaining success. Everyday Negotiation provides insight into ways of recognizing the shadow negotiation — where unspoken attitudes, hidden assumptions, and … Read More 

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Built to Win Creating a World-Class Negotiating Organization

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Hal Movius and Lawrence Susskind A prescriptive, tools-driven model for aligning organizational structures, processes and culture with negotiation goals, in order to transform organizational negotiation capabilities into a competitive advantage … Read More 

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3 Types of Conflict and How to Address Them

Posted by & filed under Conflict Resolution.

types of conflict

In the workplace, it sometimes seems as if conflict is always with us. Miss a deadline, and you are likely to face conflict with your boss. Lash out at a colleague who you feel continually undermines you, and you’ll end up in conflict. And if you disagree with a fellow manager about whether to represent … Read More 

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Williams v. Northville

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person, non-scorable mediation between a school principal and a parent (with attorneys) regarding a values-based dispute over classroom discussions and materials addressing same-sex couples and their families … Read More 

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How to Negotiate in Cross-Cultural Situations

Posted by & filed under Leadership Skills.

cross-cultural situations

Figuring out how to negotiate in cross-cultural situations can seem like a daunting endeavor, and for good reason. Negotiating across the cultural divide adds an entire dimension to any negotiation, introducing language barriers, differences in body language and dress, and alternative ways of expressing pleasure or displeasure with the elements of a deal. As a … Read More 

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Water on the West Bank

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Susan Podziba and Lawrence Susskind Seven-person, four-issue mediation among three Israeli water authority and regional representatives and three Palestinian water authority and political representatives over plans to drill a new well on the West Bank … Read More 

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10 Popular Business Negotiation Articles

Posted by & filed under Business Negotiations.

business negotiation

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 present negotiation examples in real life and offer strategies for engaging in integrative negotiations aimed at creating win-win scenarios for each party at the negotiation table. 1. … Read More 

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United States v. Dunlop

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Dan Vogel, under the supervision of Robert Bordone Four-person, three-issue, two-round between U.S. prosecutors, an executive charged with securities fraud, and defense counsel over the terms of a possible plea bargain; attorney-client interviews are followed by a plea bargain negotiation … Read More 

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Trademore Personnel

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Lawrence Susskind and Bruce Patton Three-person, integrative, facilitated negotiation with two department heads and a Human Resources observer/facilitator regarding the possible transfer of an employee from one department to the other … Read More 

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Theotis Wiley

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Jake Erhard, under the supervision of Robert Bordone Two-party integrative negotiation between agents for a basketball player and a shoe manufacturer over a possible sneaker endorsement deal … Read More 

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Termination Tempest

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Marjorie Corman Aaron Four-person, two-team settlement negotiation between a terminated employee and counsel, and the former employer and counsel, regarding possible settlement of an age discrimination lawsuit … Read More 

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Tendley Contract

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Two-party integrative contract negotiation between a computer consultant and a school district representative at an apparent impasse over different expectations over cost of services … Read More 

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How to Defend Against “Scope Creep” at the Negotiation Table

Posted by & filed under Win-Win Negotiations.

negotiation myths

The following question was asked of Negotiation Coach and PON faculty member Guhan Subramanian in the February 2014 issue of the Negotiation Briefings newsletter: Question: I run a small consulting firm that has a services contract with a major multinational corporation. The team we work with has a bad habit of continually adding items to the … Read More 

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Telemachus Technology

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Ellen Waxman and George Maxe Three-party intra-organizational negotiation among mentor, mentee, and mentee’s manager regarding an upcoming meeting that touches on diversity, communication, and mentorship issues … Read More 

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A Contingent Agreement Can Allow Negotiators to Agree to Disagree

Posted by & filed under Negotiation Skills.

contingent agreement

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 

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Team Meeting

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Joel Cutcher-Gershenfeld Five-party, multi-issue, time-constrained negotiation among members of a factory work team, a union steward, and a supervisor over a range of individual agenda issues … Read More 

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Conflict and Negotiation Case Study: Long-Term Business Partnerships and Negotiated Agreements

Posted by & filed under Conflict Resolution.

negotiation

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 

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Summitville Service Agreement

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Patrick Field and Tracy Dyke A two-team (four-party), co-mediated, multi-issue negotiation simulation involving a bitter property tax dispute between a small town and an Indian band living on a nearby reservation … Read More 

Daily

How to Resolve Cultural Conflict: Overcoming Cultural Barriers at the Negotiation Table

Posted by & filed under Conflict Resolution.

cultural conflict

After recently losing an important deal in India, a business negotiator learned that her counterpart felt as if she had been rushing through the talks. The business negotiator thought she was being efficient with their time. In this useful cross-cultural negotiation example, how should this negotiator improve her negotiation skills? … Read More 

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Student Paper

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Bruce Patton Simple two-party awareness-building negotiation between a student and a professor regarding an assignment submitted after the deadline … Read More 

Daily

How Does Mediation Work in a Lawsuit?

Posted by & filed under Dealmaking.

How Does Mediation Work

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 More 

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State v. Huntley

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Timothy Reiser Two-party criminal plea bargain negotiation between a prosecutor and a public defender for a man charged with aggravated rape … Read More 

Daily

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Stakes of Engagement, The

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Nicholas Sabin Two-party, multi-issue, scoreable negotiation regarding a prenuptial agreement, calling for a balance of substantive and relationship concerns … Read More 

Daily

A Criminal Plea Bargain Simulation

Posted by & filed under Daily, Negotiation Skills.

criminal plea bargain

The Teaching Negotiation Resource Center (TNRC) at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. State v. Huntley is a two-party criminal plea bargain negotiation between a prosecutor and a public defender for a man charged with aggravated rape. Criminal Plea Bargain Scenario: Two police officers on routine patrol were … Read More 

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Ship Bumping Case

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Andrew Clarkson Two-party international negotiation between Russian and U.S. negotiators over a naval incident; teams internally prepare instructions for a representative not involved in the preparation … Read More 

Daily

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Salary Negotiation

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Aleza Spalter Two-party negotiation between a supervisor and employee over a possible salary raise in the context of mixed job performance … Read More 

Daily

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Rosenberg v. Lincoln Landscaping

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Pat Aaron Three-person small claims mediation between a landscaping company and its client over a disputed bill and quality of service … Read More 

Daily

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Puerto Mauricio Development Conflict Simulation – Parts I & II

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Mieke van der Wansem, Tracy Dyke and Lawrence Susskind Thirteen-person, multi-issue, two-round, partially scoreable negotiation among government, industry, environmental, and farming stakeholders to develop a land-use plan (Part I) and among additional government stakeholders over plan approval (Part II) … Read More 

Daily

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PowerScreen Problem

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Bruce Patton, Mark Gordon and Andrew Clarkson Two-party integrative negotiation between the lawyers for business partners concerning the ownership of a new computer program one of them has developed … Read More 

Daily

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Office Imbroglio

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Marjorie Corman-Aaron and JAMS/ Endispute A two-party negotiation (or optional mediation) between a manager and employee regarding the employee’s decline in job performance … Read More 

Daily

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Neighborhood Care, Inc.

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Lawrence Susskind and Bruce Patton Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged … Read More 

Daily

Negotiation Analysis: The US, Taliban, and the Bergdahl Exchange

Posted by & filed under International Negotiation.

Negotiation Analysis: The US, Taliban, and the Bergdahl Exchange

The exchange between the United States and the Taliban of Sergeant Bowe Bergdahl for five Taliban leaders held at Guantanamo Bay, Cuba, represented the first public prisoner exchange of a US soldier in the thirteen year US involvement in Afghanistan. The background of the deal including how Private First Class Bergdahl (promoted twice to Sergeant … Read More 

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Daily

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Negotiated Rulemaking for Electric Utilities

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Jonathan Raab and Lavinia Hall Five-person facilitated negotiation among environmental, industry, public utility, and government representatives to revise a proposed rule incorporating environmental costs into electric utility rates … Read More 

Daily

New Conflict Management Skills: Understand How to Resolve “Hot Conflicts”

Posted by & filed under Business Negotiations.

conflict management

Negotiating effectively with colleagues can be more challenging than dealing with outsiders. Conventional wisdom advises addressing team conflict by staying focused on tasks and avoiding relationship issues. Yet a case study of conflict management by Harvard Business School professor Amy Edmondson and Diana McLain Smith of The Monitory Group concludes that this approach to dispute … Read More 

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Multisumma

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Patricia Moore and Hal Movius with Lawrence Susskind Six-party, four-issue negotiation among representatives of several international aircraft companies over the terms of a potential long-term partnership … Read More 

Daily

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Monroe Energy Assistance Game I

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Allan Morgan and Lawrence Susskind Six-party, four-issue negotiation among representatives of consumer groups, political leaders, and public utilities to develop a statewide energy assistance plan for low-income residents … Read More 

Daily

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MedLee

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Candace Lun and Jeswald W. Salacuse Two-party, four-issue negotiation between representatives of two companies with different national and corporate cultures regarding a possible joint venture … Read More 

Daily

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MAPO – Administration Negotiation

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Mark Gordon, Elizabeth Gray, Tim Rieser, and Lynn Gerber Two-team, multi-issue collective bargaining negotiation between three police union representatives and three municipal representatives over police salaries, benefits, and working conditions … Read More 

Daily

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Little v. Jenks

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Karen Falkenstein Green Two-party small-claims settlement mediation between two former friends over the sale of a problematic used car … Read More 

Daily

The Ladder of Inference: A Resource List

Posted by & filed under Negotiation Skills.

ladder of inference

The ladder of inference is a model of decision making behavior originally developed by Chris Argyris and Donald Schoen and elaborated upon in the context of negotiation by Program on Negotiation co-founder Bruce Patton in his book Difficult Conversations, co-authored with fellow Program on Negotiation faculty members Douglas Stone and Sheila Heen. The model describes … Read More 

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Law Library, The

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John Palenberg, Elizabeth Gray, Deborah Winter, and Wayne Davis Two-party negotiation between representatives of two law firms over the sale of a collection of law books … Read More 

Daily

Mediation Training: What Can You Expect?

Posted by & filed under Mediation.

mediation training

Organizations have long recognized the value of hiring professional mediators to help resolve disputes. More and more, managers have begun to also see value in securing mediation training for themselves and their employees. Although there are times when the services of an unbiased, professional mediator are needed, there may also be instances in which employees … Read More 

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Kelly Corporation, The

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Ron Karp and Bruce Patton Three-party brief negotiation among a supervisor and two employees who are each asking for a raise … Read More 

Daily

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

Posted by & filed under International Negotiation.

negotiations

US Secretary of State Hillary Clinton’s indirect approach to diplomatic negotiations with the People’s Republic of China over political dissdent Chen Guangcheng demonstrates the power of adaptability at the bargaining table, especially when dealing with a counterpart from a different culture or who may speak a different language. … Read More 

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Humboldt

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Lawrence Susskind Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant … Read More 

Daily

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Daily

Best-In-Class Negotiation Case Studies

Posted by & filed under Teaching Negotiation.

negotiation case studies

What’s one of the best ways to teach the art and science of negotiation? Case studies and articles that spark lively discussion or facilitate self-reflection. Based on real-world examples, these teaching resources are designed to help students envision how to apply what they’ve learned in the classroom and beyond. The Teaching Negotiation Resource Center (TNRC) at … Read More 

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Hopkins HMO

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Janet Martinez Three-party, multi-issue contract negotiation among representatives for an HMO and two pharmaceutical companies over the purchase of a new antidepressant drug … Read More 

Daily

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Daily

When Conflict Becomes a Self-Fulfilling Prophecy

Posted by & filed under Negotiation Skills.

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 More 

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Guatemala Role Play, The

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Michael Maturo, Kate Mahoney, Francisco Ingouville and Anthony Wanis St. John, under the direction of David Fairman Six-person mediated negotiation among representatives of the Guatemalan government, military, rebel groups, indigenous people, and U.S. government to address post-armed-conflict human rights, land claims, and cultural and political rights issues … Read More 

Daily

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Daily

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Fresh Air

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Candace Modlin and Robert C. Bordone Two-party or two-team, multi-issue, integrative/distributive negotiation between representatives of a new low-cost airline and a potential headquarters city over an incentives package and airport facilities … Read More 

Daily

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Fie’s Agent

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Jeremy Bird under the supervision of Melissa Manwaring Two-party integrative e-mail negotiation between a soccer star and her long-term representative over the terms of a potential new agency contract … Read More 

Daily

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Federal Lands Management II

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Consensus Building Institute, Montana Consensus Council and Bureau of Land Management Facilitated multi-party negotiation over the appropriate environmental, commercial, residential, and other uses of federal lands in the Rocky Mountains … Read More 

Daily

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Federal Lands Management I

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Consensus Building Institute, Montana Consensus Council, and Bureau of Land Management Facilitated multi-party negotiation over the appropriate decision-making process for a federal land management dispute … Read More 

Daily

International Negotiations and Agenda Setting: Controlling the Flow of the Negotiation Process

Posted by & filed under International Negotiation.

agenda

When two groups are embroiled in a conflict, it is common for the party with less power to have difficulty convincing the more powerful party to sit down at the negotiating table in international negotiations. Think of a labor union that wants to convince company management to agree to pay increases. In such cases, the … Read More 

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Ellis v. MacroB

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faith … Read More 

Daily

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

Posted by & filed under Business Negotiations.

negotiation in business

As we’ve discussed in previous articles about negotiation examples in business, a negotiator’s beliefs concerning negotiation ethics are affected by cognitive biases. You probably can recall times when a negotiating opponent made what appeared to be a blatant misstatement. If you’re like most people, you assumed the person was lying to gain an advantage. … Read More 

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Eazy’s Garage

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Bruce Patton (adapted by Sheila Heen) Four-party, two-stage negotiation between an auto mechanic and a client and their respective attorneys over a disputed repair bill; first stage involves lawyer-client interviews and second stage involves negotiation … Read More 

Daily

What is Crisis Management in Negotiation?

Posted by & filed under Crisis Negotiations.

crisis management

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 More 

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DONS Negotiation

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Robert Bordone and Jonathan Cohen, adapted from PONS Negotiation by Nevan Elam and Whitney Fox Four-person, two-party, two-round between a former couple and their lawyers regarding the knowing transmission of DONS, a fatal disease communicated through sexual intercourse … Read More 

Daily

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Discount Marketplace and Hawkins Development

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Lawrence Bacow Two-party negotiation between a shopping center developer and a prospective anchor tenant over the terms of the proposed lease’s “use, assignment, and subletting” clause … Read More 

Daily

How to Write a Contract that Lasts

Posted by & filed under Dealmaking.

How to write a contract

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 More 

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DirtyStuff I

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Lawrence Susskind Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product … Read More 

Daily

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Dirty Laundry

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Pat Aaron Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts … Read More 

Daily

Overcoming Cultural Barriers in Negotiations and the Importance of Communication in International Business Deals

Posted by & filed under International Negotiation.

negotiation

Communication in negotiation scenarios is the means by which negotiators achieve objectives, build relationships, and resolve disputes. Communication becomes even more important when negotiating counterparts are from different cultures. The following question was posed to our Negotiation newsletter editorial board and Program on Negotiation faculty member Jeswald Salacuse offers his insights. … Read More 

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Costless Warehouse

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Joe Voyticky Four- or five-person negotiation to settle an employee’s claim of discriminatory firing and employer’s claim of illegal conduct; negotiators represent each party, with optional fifth role who knows confidential details of each party’s case … Read More 

Daily

Win Win Negotiation: Different Cultures, Shared Meals

Posted by & filed under Win-Win Negotiations.

win win negotiation

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 

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Contract Negotiations in the Building Trades

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Lawrence Susskind Nine-party, multi-issue contract negotiation among three coalitions involved in the building trades; includes internal coalition meetings before the external negotiations … Read More 

Daily

Negotiation Training with Heart

Posted by & filed under Negotiation Training.

negotiation training

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 More 

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Construction in Bunyonville

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Bruce Patton Six-person, multi-issue mediation between two construction company representatives and two neighborhood residents over a construction project’s safety and noise issues; mediated by two representatives of the bank financing the construction … Read More 

Daily

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Conference with a Professor

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Bruce Patton Two-party short awareness-building exercise in which student and professor meeting regarding problems arising from a borrowed manuscript and the student’s research aspirations … Read More 

Daily

Add Variety to Your Curriculum with These Top Simulations

Posted by & filed under Teaching Negotiation.

negotiation

Update Your Teaching Materials with Our Top Negotiation Role Play Simulations The field of negotiation is constantly evolving, and as such, requires new ways of teaching negotiation. It can sometimes happen that students come into a class having already encountered the negotiation simulation being used in the course, or that a different kind of exercise is … Read More 

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Commonwealth v. McGorty

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Robert C. Bordone and Jeremy McClane Four-person integrative plea bargain negotiation between two prosecutors, a public defender, and an alleged assailant … Read More 

Daily

5 Conflict Resolution Strategies

Posted by & filed under Conflict Resolution.

conflict resolution

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

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Common Measures

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Paddy Moore, Hal Movius, and Lawrence Susskind Five-party, four-issue negotiation among managers at an aircraft engine company with the goal of improving quality and operations processes … Read More 

Daily

A Bad BATNA for Modern Farmer Magazine

Posted by & filed under BATNA.

batna

In business negotiations, our mistakes sometimes end up affecting not only the current deal, but our best alternative to a negotiated agreement, or BATNA, in deals that lie down the road. That’s a lesson that Ann Marie Gardner, the founder and editor of the hip new magazine Modern Farmer, has learned the hard way. … Read More 

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Colortek Job

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Deborah Kolb Two-party, multi-issue integrative negotiation between a corporate VP and a prospective employee over salary and other terms of hire … Read More 

Daily

What is Negotiation?

Posted by & filed under Negotiation Skills.

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 More 

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Chestnut Drive

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Bruce Patton and Mark Gordon Six-party, multi-issue, intra-group negotiation among neighbors in preparation for an external negotiation regarding a local construction project … Read More 

Daily

Techniques for Improving Your Negotiating Ability

Posted by & filed under Negotiation Skills.

negotiating ability

Many organizations subject their executives to rigorous performance reviews, yet few companies include negotiation effectiveness as one of the core competencies they track. Instead, negotiation is usually subsumed under categories such as “emotional intelligence,” or “persuasiveness” and negotiation techniques and their improvement through negotiation training are not a regular part of employee training programs. … Read More 

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Cape Development Case

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Two-party real estate negotiation between a developer and a representative of the owner of a parcel surrounded by the developer’s land, over the future of both parcels … Read More 

Daily

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Camilia Pictures

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Robyn Cali and Robert C. Bordone Two-party, multi-issue, potentially integrative settlement negotiation between lawyers for a large entertainment conglomerate and its wholly-owned film production company over the rights to a new documentary film and the clients’ future relationship … Read More 

Daily

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Bunyon Brothers

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Mark Gordon, Elizabeth Gray, and Bruce Patton Three-party, multi-issue internal corporate negotiation in preparation for external negotiation with community representatives … Read More 

Daily

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Broken Benches

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Author(s): Marjorie Corman Aaron and JAMS/Endispute Four-person mediation and/or arbitration of a personal injury claim, among plaintiff, plaintiff’s lawyer, and counsel for defendant’s insurance company; arbitrator roles include possible plaintiff or defense bias … Read More 

Daily

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Bradford Development

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Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues … Read More 

Daily

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Brachton Collective Bargaining Exercise

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Two-team, multi-issue employment contract negotiation between three teachers’ union representatives and three school committee representatives; includes internal team meetings before external negotiations … Read More 

Daily

Contract Negotiations and Business Communication: How to Write an Iron-Clad Contract

Posted by & filed under Business Negotiations.

contract negotiations

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 

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BMP Policy Meeting

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Paddy Moore, Hal Movius, and Lawrence Susskind Five-party, four-issue internal negotiation among employees of a major engine manufacturer to agree on procurement guidelines in preparation for external negotiations with suppliers … Read More 

Daily

Police Negotiation Techniques from the NYPD Crisis Negotiations Team

Posted by & filed under Crisis Negotiations.

Negotiation Techniques

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 

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Big Pipeline in Swagwit

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Kelly Davenport, Pat Field and Lawrence Susskind Two-party, two-issue integrative negotiation between representatives of a construction company and a Native American group regarding allocation of construction jobs … Read More 

Daily

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Bakra Beverage

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Dan Vogel, under the supervision of Robert Bordone and Gillien Todd … Read More 

Daily

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Armenia/Azerbaijan/Nagorno Karabakh

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Taline Aharonian and Agieszka Klich Complex 13-party, two-team facilitated negotiation between private citizens from both sides of an actual long-term ethnic conflict … Read More 

Daily

Four Ways to Manage Conflict in the Workplace

Posted by & filed under Business Negotiations.

conflict in the workplace

Samantha was livid. While making a presentation during a meeting that both attended, Brad, a newcomer in her department, had shared some slides during a presentation that were clearly based on ideas for a project she’d shared with him privately—without giving her credit. Samantha angrily confronted Brad in his office after the meeting; he became … Read More 

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Aerospace Investment

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Nicholas Sabin Two-party term sheet negotiation between a venture capitalist and the founder of an aerospace start-up company in which participants are scored both on their substantive performance and on the other party’s perception of the relationship … Read More 

Daily

Impact of Leadership Styles on Strategic Decisions: Taylor Swift and Apple Music at the Negotiation Table

Posted by & filed under Leadership Skills.

leadership

When Apple Inc. announced plans to step into the market for streaming audio, it had no idea what was waiting for it. To do it, the company negotiated countless agreements with musicians and studios. How someone can take charge of so many complex negotiations with musicians and studio executives begs the question, what is leadership … Read More 

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Amending Approval for the Storyville Pulp and Paper Mill

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Consensus Building Institute and Alberta Environmental Appeal Board Mediation of a three-party dispute among a paper mill, a community group, and an environmental regulatory agency over the paper mill’s air pollution permit … Read More 

Daily

Cultural Barriers and Conflict Negotiation Strategies: Apple’s Apology in China

Posted by & filed under Dispute Resolution.

cultural barriers

When dealing with a difficult counterpart, it helps to take a conciliatory approach to the bargaining table. While apologies necessarily involve moments of vulnerability, they can also open doors to value creation and strengthen the relationship you have with your bargaining counterpart. Let’s look back at Apple’s apology in China for its maligned warranty policies … Read More 

Product

Alplaus Supply Company

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Duncan MacLaren Two-party negotiation between a company field representative and a large corporate customer over a possible product return … Read More 

Daily

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Allies in Alexia

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The Consensus Building Institute Six-party nonscorable negotiation among nonprofit, business, and community representatives regarding the most appropriate methods for fund raising and distributions … Read More 

Daily

The Negotiation Process in China

Posted by & filed under International Negotiation.

negotiation process

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

Product

Multimode, Inc.

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Lawrence Susskind Two-party intra-organization negotiation between a company’s financial and human resources officers regarding the amount of a budget increase … Read More 

Daily

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Jerry

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Ron Karp and Bruce Patton Two-party conversation between an employee and his supervisor regarding the employee’s recent poor job performance and potential termination … Read More 

Daily

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Jefferson Hazardous Waste Negotiation

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Vicki Arroyo and Lawrence Susskind Eight-party, five-issue negotiation among community, environmental, business, and government interests over the formulation of a statewide hazardous waste siting policy … Read More 

Daily

Family Business Conflict Resolution and Negotiation

Posted by & filed under Conflict Resolution.

Family Business Conflict Resolution

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 

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Eazy’s Garage

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Bruce Patton Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill … Read More 

Daily

Crisis Negotiations: After the West Coast Ports Conflict, Damage Remained

Posted by & filed under Crisis Negotiations.

crisis negotiations

No one wants to engage in crisis negotiations. When parties need to hurriedly work out a solution to a shared problem, time is short, tempers are frayed, and the disaster is looming. Feeling they’ve exhausted good-faith bargaining, parties in crisis negotiations may believe they face an impossible choice between caving in to the other side’s … Read More 

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DirtyStuff II

Posted by & filed under .

Jeffrey Litwak and Lawrence Susskind Six-person, multi-issue facilitated negotiation among industry, environmental, consumer/community, labor, and government representatives to develop single-text regulation of toxic industrial by-product … Read More 

Daily

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Chestnut Village

Posted by & filed under .

Thomas Wiegand Multi-party, multi-issue negotiation between 3-4 construction company representatives and 5-6 neighborhood representatives over safety and nuisance complaints regarding a local construction project; internal team meetings precede external negotiations … Read More 

Daily

Managing Faultlines Group Negotiations

Posted by & filed under Mediation.

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 More 

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Flagship Airways

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Paddy Moore, Hal Movius and Lawrence Susskind Six-person, four-issue negotiation between three representatives of an industrial manufacturer and three representatives of its primary client over restructuring of an existing purchase agreement … Read More 

Daily

Teach Coalition Management in Multiparty Negotiations

Posted by & filed under Teaching Negotiation.

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 

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Bamara Border Dispute

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Michael D. Landry Two-team, multi-issue negotiation between representatives of two fictional countries regarding a disputed border and a military stand-off … Read More 

Daily

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Bentley Convertible

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Roger Fisher and Bruce Patton Two-party distributive negotiation over the sale of a rare automobile … Read More 

Daily

Teach Your Students Negotiation Psychology

Posted by & filed under Teaching Negotiation.

negotiations

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 More 

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Daily

Negotiation Team Strategy

Posted by & filed under Negotiation Skills.

negotiation team

Some negotiations are simple enough to handle on our own, but those deals are increasingly rare in the business world. These days, to thrive in negotiation, you often need to be able to work effectively as part of a negotiation team. … Read More 

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Daily

Negotiation Training: Turning the Lows of Colorado’s Marijuana Laws into Highs

Posted by & filed under Negotiation Training.

marijuana laws

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 

Daily

Conflict Negotiation Strategies for Business Negotiators

Posted by & filed under Conflict Resolution.

conflict negotiation strategies

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 

Daily

Types of Mediation: Choose the Type Best Suited to Your Conflict

Posted by & filed under Mediation.

types of mediation

When parties involved in a serious conflict want to avoid a court battle, there are types of mediation can be an effective alternative. In mediation, a trained mediator tries to help the parties find common ground using principles of collaborative, mutual-gains negotiation. We tend to think mediation processes are all alike, but in fact, mediators … Read More 

Daily

Metaphorical Negotiation and Defining Negotiation Skills

Posted by & filed under Negotiation Skills.

negotiation

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 

Daily

Teach Your Students to Negotiate the Principal-Agent Relationship with Fie’s Agent

Posted by & filed under Teaching Negotiation.

Soccer football negotation

Negotiate International Sports Contracts In many business negotiations, especially those involving athletes, you will find an agent negotiating on behalf of the principal party. This unique principal-agent relationship can cause challenges at the negotiating table. The agent may have different preferences from their principal party. Agents may also have different incentives from the principal. Agents may … Read More 

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Advanced Negotiation Strategies and Concepts Using Negotiation Examples from Real Life: Hostage Negotiation Tips for Business Negotiators

Posted by & filed under Conflict Resolution.

negotiation strategies

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 

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Crossed Wires? Negotiation Games To Help Your Business Deal Sidestep Legal, Technical And Emotional Glitches

Posted by & filed under Teaching Negotiation.

What’s faster than the pace of technological development? The pace of lawsuits being filed about the adoption of new technologies, patent infringement, and intellectual property rights. In our modern world, professionals must be able to resolve highly challenging technology-related disputes – often before they reach the courtroom. That’s where the Program on Negotiation’s Teaching … Read More 

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Teach Real Estate Negotiation

Posted by & filed under Teaching Negotiation.

Real Estate Negotiation

Teach Real Estate Negotiation Real estate negotiation can be difficult for both the buyer and the seller. Teaching real estate negotiation can involve value creation, distributive bargaining, as well as issue linkages. The Teaching Negotiation Resource Center (TNRC) has developed a wide variety of negotiation simulations designed to teach real estate negotiation. Three of the … Read More 

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How to Balance Your Own Values in Negotiation

Posted by & filed under Business Negotiations.

negotiation

What are the best negotiation examples from real life? Imagine that you’ve been negotiating the sale of a property that is owned by your company. The buyer has made an attractive offer that you’ve tentatively accepted. Your boss is pleased with the terms as they stand, but suggests that you go back to the buyer … Read More 

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What Is an Umbrella Agreement?

Posted by & filed under Dispute Resolution.

umbrella agreement

Business negotiators tend to want the best of best worlds. When reaching 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. … Read More 

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Learning From Negotiation Role-Plays

Posted by & filed under Teaching Negotiation.

negotiation role-play

It’s a familiar practice in negotiation training: Students are divided up and assigned to engage in role-play exercises known as simulations. Each person reads confidential information about her role, the two (or more) players get together and negotiate, and then the class reconvenes to debrief the experiences. Simulation took root as a common method for teaching … Read More 

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Coming Up with Win-Win Solutions at the Bargaining Table

Posted by & filed under Business Negotiations.

win-win solutions

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 

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Dealmaking: Relationship Rules for Dealmakers

Posted by & filed under Dealmaking.

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 More 

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Announcing the 2017-2018 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships, PON Graduate Research Fellowships, Students.

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 PON’s goal of fostering the development of the next generation of scholars, this program provides support for one year of dissertation … Read More 

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How to Overcome Cultural Barriers to Communication in International Negotiations

Posted by & filed under International Negotiation.

cultural barriers

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 

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Dispute Resolution: Uncertainty, Risk, and Opportunity in Water Diplomacy

Posted by & filed under Dispute Resolution.

dispute resolution define negotiation skills what leads to renegotiation

When countries face contending water claims, one of the biggest obstacles to reaching an agreement is uncertainty. Specifically, there are three types of uncertainty: uncertainty of information, uncertainty of action, and uncertainty of perception. In part 2 of this 5 part series, Program on Negotiation faculty member Lawrence Susskind explains the uncertainties facing negotiators trying … Read More 

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Negotiation Advice: When to Make the First Offer in Negotiation

Posted by & filed under Negotiation Skills.

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 

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Promoting Fair Outcomes in Negotiation

Posted by & filed under Negotiation Skills.

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 More 

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Negotiate Your Way to Holiday Cheer: Leveraging BATNA at the Dinner Table

Posted by & filed under Negotiation Skills.

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 

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How Mediation Works

Posted by & filed under Dispute Resolution.

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 More 

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A Closer Look at Court-Sponsored Mediation

Posted by & filed under Mediation.

No one likes to go to court. Not only is it expensive and time-consuming, it often leads to frustrating results and damaged relationships. So is court-sponsored mediation a better route? The answer is “sometimes,” according to a comprehensive survey of court-affiliated mediation programs by Roselle L. Wissler of Arizona State University’s College of Law in Tempe. … Read More 

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What is the Winner’s Curse?

Posted by & filed under Conflict Resolution.

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 More 

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How Your Organization Can Benefit from Mediation Techniques

Posted by & filed under Mediation.

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 

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How to Use MESOs in Business Negotiations

Posted by & filed under Business Negotiations.

MESOs

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 More 

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Negotiating with Your Agent

Posted by & filed under Business Negotiations.

Toby knew that Dara was the perfect New York literary agent for him as soon as he heard her friendly, professional voice on the phone. Never mind that 17 other agents had already rejected his book proposal. Dara’s enthusiasm and recent sales convinced him to sign the three-year exclusive contract she mailed to him in … Read More 

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How to Avoid the Negative Impact of Goal Setting: Setting Realistic Objectives in Negotiations

Posted by & filed under Negotiation Skills.

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 

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Announcing the 2016-2017 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships, PON Graduate Research Fellowships, Students.

    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 PON’s goal of fostering the development of the next generation of scholars, this program provides support for one year of dissertation … Read More 

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The Negotiation Simulation Method: Teach Legal Lessons by Immersive Means

Posted by & filed under Teaching Negotiation.

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 

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Top 10 Best Negotiations of 2014: Negotiation Case Studies Drawn from Negotiation Examples in Real Life

Posted by & filed under Negotiation Skills.

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 

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Overcoming Cultural Barriers in Negotiations: The Importance of Culture and Etiquette in Bargaining Scenarios

Posted by & filed under International Negotiation.

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 

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Top 10 Best Pieces of Negotiation Advice of 2015

Posted by & filed under Negotiation Skills.

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 More 

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Negotiation Skills in Business Communication: Heading Off Deception

Posted by & filed under Business Negotiations.

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 

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Program on Negotiation associate Paola Cecchi Dimeglio Edits a Collection of Dispute Resolution Essays in “Interdisciplinary Handbook of Dispute Resolution”

Posted by & filed under Dispute Resolution.

program on negotiation associate paola cecchi dimeglio edits a collection of dispute resolution essays

Program on Negotiation associate and researcher Paola Cecchi Dimeglio, a postdoctoral research fellow at the Harvard Negotiation Research Project, was the editor for a comprehensive, interdisciplinary guide to dispute resolution that combines negotiation research written in both French and English. Cecchi Dimeglio’s “Interdisciplinary Handbook of Dispute Resolution,” published by Larcier, is currently available in the Program … Read More 

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PON Faculty Members Jeswald Salacuse, Deborah Kolb, and William Ury Honored on Time’s List of the Five Best Negotiation Books of 2015

Posted by & filed under Negotiation Skills.

pon faculty members jeswald salacuse deborah kolb and william ury honored on time 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 

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Interdisciplinary and International Perspectives on ADR: Past, Present, and Future

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The Program on Negotiation at Harvard Law School is pleased to present: Interdisciplinary and International Perspectives on ADR: Past, Present, and Future with

Dr. Paola Cecchi-Dimeglio Editor, Interdisciplinary Handbook of Dispute Resolution

Wednesday, April 15, 2015 12:00 – 1:30PM Pound Hall 102 Harvard Law School campus Free and open to the public.  A non-pizza lunch will be provided.  About the Book:  Over the last three decades, Alternative Dispute Resolution (ADR) … Read More 

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Business Negotiation Techniques and Dealmaking – Bargaining with Agents

Posted by & filed under Negotiation Skills.

Managing a Multiparty Negotiation

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 

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