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:

Police Negotiation Techniques from the NYPD Crisis Negotiations Team

Posted by & filed under Crisis Negotiations.

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 

Advanced Mediation Workshop: Mediating Complex Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (Five-Day Programs).

Course Dates: June 2020 – Exact 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 … Read More 

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

Posted by & filed under 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 

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 and Leadership Fall 2019 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 

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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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 

Spring Mediation and Conflict Management

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

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 

Handbook of Dispute Resolution (The)

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

The Importance of a Relationship in Negotiation

Posted by & filed under Negotiation Training.

At the negotiation table, what’s the best way to uncover your negotiation counterpart’s hidden interests? Build a relationship in negotiation by asking questions, then listening carefully. Even if you have decided to make the first offer and are ready with a number of alternatives, you should always open by asking and listening to assess your … Read More 

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 

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 

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

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

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 

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 

5 Good Negotiation Techniques

Posted by & filed under Negotiation Skills.

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 

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 

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

Posted by & filed under Business Negotiations.

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 

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 

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 

What is Negotiation?

Posted by & filed under Negotiation Skills.

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 

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 

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 

Negotiation Skills: Which Negotiating Style Is Best?

Posted by & filed under 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 

Negotiation and Bargaining with Your BATNA in Mind

Posted by & filed under BATNA.

Experienced negotiators understand they should reject any deal that is inferior to their best alternative to a negotiated agreement, or BATNA. What is a BATNA in negotiation? Your BATNA is the best possible outcome you could get if you walked away from your current negotiation and bargaining situation. When negotiating at an auto dealership, for … Read More 

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 

Coming Up with Win-Win Solutions at the Bargaining Table

Posted by & filed under Business Negotiations.

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 

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 

Mediation: Negotiating a More Satisfactory Divorce

Posted by & filed under 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 

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 

The Hidden Hazards of BATNA Development

Posted by & filed under 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 

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 

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 

When Michael Bloomberg and NYC Teachers Both Lost

Posted by & filed under Mediation.

It’s hard to imagine a negotiation example in which negotiating counterparts would choose to sacrifice hundreds of millions of dollars rather than reach agreement. But back in 2013, this is the choice that New York City and its teachers union, the United Federation of Teachers (UFT), made when they declared impasse on a new teacher evaluation … Read More 

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 

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 

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

Posted by & filed under Win-Win Negotiations.

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 

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 

Metaphorical Negotiation and Defining Negotiation Skills

Posted by & filed under Negotiation Skills.

Negotiators talk about building agreement, bluffing the opposition, and volleying offers back and forth. According to mediator Thomas Smith, careful attention to such metaphors can reveal deeper meaning beneath the explicit words that people use, notably regarding how they view the negotiation process and their relationship to one another. … Read More 

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 

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 

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 

How to Use MESOs in Business Negotiations

Posted by & filed under Business Negotiations.

It’s not uncommon in business negotiations to find yourself on the brink of impasse. You and your counterpart have exchanged a series of offers and counteroffers, and you’ve met somewhere close to the middle—but not close enough. With each side firmly rooted in its position, there may seem to be no way forward. … Read More 

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 

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 

5 Conflict Resolution Strategies

Posted by & filed under 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 

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 

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 

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 

How Does Mediation Work in a Lawsuit?

Posted by & filed under Dealmaking.

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 

How to Balance Your Own Values in Negotiation

Posted by & filed under Business Negotiations.

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 

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 

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

Posted by & filed under Conflict Resolution.

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 

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 

Win Win Negotiation: Different Cultures, Shared Meals

Posted by & filed under Win-Win Negotiations.

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 

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 

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

Posted by & filed under Business 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 

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 

3 Types of Conflict and How to Address Them

Posted by & filed under Conflict Resolution.

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 

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 

How to Negotiate in Cross-Cultural Situations

Posted by & filed under Leadership Skills.

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 

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 

Putting Your Negotiated Agreement Into Action

Posted by & filed under Negotiation Skills.

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 

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 

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

Posted by & filed under Business Negotiations.

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 

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 

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

Posted by & filed under Conflict Resolution.

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

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 

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 

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 

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 

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 

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 

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 

10 Popular Business Negotiation Articles

Posted by & filed under Business Negotiations.

Here are ten popular business negotiation articles on the Program on Negotiation website. Drawn from a variety of negotiation case studies as well as negotiation research, the following articles offer strategies for engaging in integrative negotiations aimed at creating win-win scenarios for each party at the negotiation table. 1. What is the Right of First Refusal? Rights … Read More 

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 

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 

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 

What Is an Umbrella Agreement?

Posted by & filed under Dispute Resolution.

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

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 

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 

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 

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 

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 

Teaching Real Estate Negotiation: How to Identify and Create Value

Posted by & filed under Teaching Negotiation.

How do you teach your students to identify and create value in real estate negotiations?  Real estate negotiation can be difficult for both the buyer and the seller. Teaching real estate negotiation can involve value creation, distributive bargaining, as well as issue linkages. It is important for both buyers, sellers, and agents to identify ways to … Read More 

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 

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

Posted by & filed under Conflict Resolution.

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 

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 

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 

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 

The Negotiation Process in China

Posted by & filed under International Negotiation.

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 

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 

Mediation Training: What Can You Expect?

Posted by & filed under Mediation.

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 

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 

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 

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 

Negotiation Skills: Building Trust in Negotiations

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Trust in negotiations may develop naturally over time, but negotiators rarely have the luxury of letting nature take its course. Thus it sometimes seems easiest to play it safe with cautious deals involving few tradeoffs, few concessions, and little information sharing between parties. But avoiding risk can mean missing out on significant opportunities. For this reason, … Read More 

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 

A Negotiation Preparation Checklist

Posted by & filed under Negotiation Skills.

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 

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 

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 

Best-In-Class Negotiation Case Studies

Posted by & filed under Teaching Negotiation.

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 

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 

Labor Relations: Negotiating Collective Bargaining Agreements

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Contract bargaining in labor relations is one of the most complex areas of negotiation and dispute resolution. There are rarely clear cut or mutually agreed upon notions of what a fair salary and benefits package would be, so employers and workers, either individually or collectively, often find themselves at odds. Furthermore, contract bargaining in a … Read More 

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 

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 

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 

How to Find the ZOPA in Business Negotiations

Posted by & filed under Business Negotiations.

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

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 

What is Divorce Mediation?

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A divorce can take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be overwhelming, especially when the principals are barely speaking to each other. In the worst-case scenario, separating spouses hire cutthroat lawyers to make rigid (and sometimes outrageous) … Read More 

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 

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 

Four Ways to Manage Conflict in the Workplace

Posted by & filed under Business Negotiations.

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 

Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy

Posted by & filed under Dealmaking.

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 

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 

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 

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 

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

Posted by & filed under International Negotiation.

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 

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 

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 

The Importance of Communication in Negotiations: Preparing Your Negotiating Team

Posted by & filed under Negotiation Skills.

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 

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 

BATNA and Risky Negotiation Tactics

Posted by & filed under 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 

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 

Hostage Negotiation Techniques for Business Negotiators

Posted by & filed under Crisis Negotiations.

What do FBI hostage negotiation techniques and business dealmaking have in common? Not a lot, we might assume. In workplace talks, lives are rarely at stake, and tensions seldom escalate into violence. Yet dig a bit deeper, and similarities emerge: just as in a crisis negotiation, business talks can be highly charged, unpredictable, and emotional. In … Read More 

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 

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 

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 

Negotiation Team Strategy

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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 

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 

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 

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 

Mandated Mediation: What to Expect

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More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors—and even, in some cases, in agreements with their own employees. ADR clauses can be beneficial for all concerned if it means avoiding the cost, delay, and uncertainty of going to court. Mandated mediation, in particular, may offer … Read More 

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 

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

Posted by & filed under International Negotiation.

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 

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 

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 

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

Posted by & filed under International Negotiation.

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 

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 

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 

Learning From Negotiation Role-Plays

Posted by & filed under Teaching Negotiation.

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 

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 

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 

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

Posted by & filed under Dispute Resolution.

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 

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 

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 

What is a Win-Win Negotiation?

Posted by & filed under Win-Win Negotiations.

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 

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 

What is Crisis Management in Negotiation?

Posted by & filed under Crisis Negotiations.

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 

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 

Techniques for Improving Your Negotiating Ability

Posted by & filed under Negotiation Skills.

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 

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 

Contract Dispute Resolution: Surviving Costly Conflict

Posted by & filed under Dispute Resolution.

We tend to enter new business partnerships and ventures with a great deal of optimism and excitement. Yet ventures that held so much promise often end up dissolving into costly legal disputes and contract dispute resolution efforts. Formal contracts offer a method for reducing the risks of new partnerships and clarifying commitment in negotiation, but negotiators … Read More 

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 

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 

How to Negotiate with Friends and Family

Posted by & filed under Dispute Resolution.

“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 

Bakra Beverage

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

Top Negotiation Case Studies in Business: Apple and Dispute Resolution in the Courts

Posted by & filed under Business Negotiations.

In August 2012, a California jury ruled that Samsung would have to pay Apple more than $1 billion in damages for patent violations of Apple products, particularly its iPhone. The judge eventually reduced the payout to $600 million. In November 2013, another jury ruled that Samsung would have to pay Apple $290 million of the … Read More 

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 

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 

Ask A Negotiation Expert: To Resolve Conflict, Address Dignity Concerns

Posted by & filed under Negotiation Skills.

Dignity violations can often be found at the core of interpersonal conflicts, according to Dr. Donna Hicks, an associate at Harvard’s Weatherhead Center for International Affairs. The author of Leading with Dignity: How to Create a Culture That Brings Out the Best in People (Yale University Press, 2018), Hicks shared with Negotiation Briefings how we can … Read More 

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 

Negotiation Strategies for Dealing with Spoilers

Posted by & filed under BATNA.

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

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 

Allies in Alexia

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

Corporate Negotiation Pitfalls: The Case of Facebook

Posted by & filed under Business Negotiations.

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

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 

What is Anchoring in Negotiation?

Posted by & filed under Negotiation Skills.

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 

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 

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 

The Wired Negotiator: Using Technology in Negotiation

Posted by & filed under Teaching Negotiation.

Everyone negotiates every day. How we negotiate is changing dramatically due to the use of various technological tools. People need not fear this change. Rather, they should understand the different technology at their disposal, grasp the pros and cons, and determine how to select the best medium to suit their needs, negotiation style, and approach. … Read More 

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 

Add Variety to Your Curriculum with These Top Simulations

Posted by & filed under Teaching 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 

DirtyStuff II

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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 

Chestnut Village

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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 

Negotiation research you can use: Recovering from adverse events in negotiation

Posted by & filed under Negotiation Skills.

When setbacks arise in negotiation— from a take-it-or-leave-it offer to a walkout to an unexpected economic downturn—we’re faced with several choices. We can end the negotiation temporarily or permanently, we can double down and escalate conflict and competition, or we can see the setback as an opportunity for growth. By training ourselves to take this last … Read More 

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 

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 

Bentley Convertible

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

Teach Coalition Management in Multiparty Negotiations

Posted by & filed under Teaching Negotiation.

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 

Negotiate the Healthcare Industry

Posted by & filed under Teaching Negotiation.

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 

Facing controversy? Don’t forget to negotiate

Posted by & filed under Conflict Resolution.

Looking back, it’s almost hard to imagine, but when then–San Francisco 49ers quarterback Colin Kaepernick began sitting down for pregame performances of “The Star-Spangled Banner,” no one noticed. He’d sat through two national anthems during the 2016 preseason before reporters asked him about it. Citing racial oppression and police brutality, Kaepernick explained that he planned … Read More 

International Negotiations and Cognitive Biases in Negotiation

Posted by & filed under International Negotiation.

In discussing international negotiations and cognitive biases in negotiation, professor Cheryl Rivers of Queensland University of Technology in Brisbane, Australia, highlights in a negotiation research literature review, seasoned negotiators often hear stories about the unethical behaviors of people of other nationalities. Perhaps the toughest problems arise surrounding what Rivers calls “ethically ambiguous” negotiation tactics and … Read More 

The Moral Quandary: Negotiation Exercises Featuring Ethical Dilemmas

Posted by & filed under Teaching Negotiation.

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 

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

Posted by & filed under International Negotiation.

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 

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

Posted by & filed under Business Negotiations.

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 

Dispute Resolution for India and Bangladesh

Posted by & filed under International Negotiation.

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 

The Process of Business Negotiation

Posted by & filed under Business Negotiations.

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 

ESL Negotiation: Avoid Confusion and Conflict

Posted by & filed under Negotiation Skills.

“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 

Ask A Negotiation Expert: Think Outside the Conference Room

Posted by & filed under Negotiation Skills.

In her new book, The Art of Gathering: How We Meet and Why It Matters (Riverhead Books, 2018),Thrive Labs founder Priya Parker, a professional facilitator with a background in conflict resolution, argues that most of us just go through the motions when planning events, whether a dinner party, a conference, or a negotiation. The result is … Read More 

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

Posted by & filed under 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 

Learn How to Detect Lies in Negotiation

Posted by & filed under Daily, Negotiation Skills.

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 

A Contingent Agreement Can Allow Negotiators to Agree to Disagree

Posted by & filed under Negotiation Skills.

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 

Dear Negotiation Coach: Breaking Bad News

Posted by & filed under Negotiation Training.

Q: I am a real-estate agent working in a relatively active market. Unfortunately, market conditions mean I often am delivering bad news to buyers: houses go off the market before I can arrange a walk-through; my clients’ offers often are countered very aggressively or rejected outright; and sellers may not be willing to agree to … Read More 

A Criminal Plea Bargain Simulation

Posted by & filed under Daily, Negotiation Skills.

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 

The Ladder of Inference: A Resource List

Posted by & filed under Negotiation Skills.

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 

When Conflict Becomes a Self-Fulfilling Prophecy

Posted by & filed under Negotiation Skills.

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 

When agreements fall apart

Posted by & filed under Negotiation Skills.

In early June, the New York Times reported that since at least 2010, Facebook has negotiated more than 60 data-sharing partnerships with hardware manufacturers such as Apple and Samsung, as well as four Chinese companies. One of the deals gave access to data on Facebook users to Huawei, a Chinese telecommunications company that U.S. intelligence … Read More 

How to Write a Contract that Lasts

Posted by & filed under Dealmaking.

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 

Negotiation Training with Heart

Posted by & filed under 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 

A Bad BATNA for Modern Farmer Magazine

Posted by & filed under 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 

Family Business Conflict Resolution and Negotiation

Posted by & filed under 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 

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

Posted by & filed under 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 

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 

Negotiation research you can use: In negotiations with friends, it may pay to lower your expectations

Posted by & filed under Negotiation Skills.

When buying a used car, would you rather negotiate with a friend or a stranger? We might expect that we’d get a better deal from the friend, whether because we’d communicate with ease or because our friend would give us a “friend discount.” But in fact, negotiations between friends and others in a close relationship are notoriously inefficient, … Read More 

Preparing for the worst in business negotiations

Posted by & filed under Business Negotiations.

In the #MeToo era, entertainment companies are pushing for broad morality clauses in their employment contracts—and raising the larger question of how to manage risk in negotiation. After dozens of accusations of sexual abuse and assault against film producer Harvey Weinstein launched the #MeToo movement, entertainment companies began incurring significant financial and reputational damage from alleged misbehavior … Read More 

Teach Your Students Negotiation Psychology

Posted by & filed under Teaching Negotiation.

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 

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

Posted by & filed under Negotiation Training.

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 

In team negotiations, should you divide and conquer?

Posted by & filed under International Negotiation.

In a New Year’s Day address, North Korean leader Kim Jong-un proposed opening talks with South Korea to discuss the North’s possible participation in the upcoming Winter Olympics in Pyeongchang, South Korea. Hoping to avoid disruption by the North, South Korean president Moon Jae-in had been calling on North Korea to send athletes to the … Read More 

Conflict Negotiation Strategies for Business Negotiators

Posted by & filed under Conflict Resolution.

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 

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

Posted by & filed under Teaching Negotiation.

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 

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 

Dealmaking: Relationship Rules for Dealmakers

Posted by & filed under Dealmaking.

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 

Negotiation Research You Can Use: When Women Negotiate More Ethically Than Men

Posted by & filed under Dealmaking.

Men and women approach negotiation differently, on average, research suggests. Women initiate negotiations on their own behalf less frequently than men, for example, though they are just as likely as men to advocate for others. In addition, women—and not men—tend to face a backlash for bargaining on their own behalf, an outcome that may explain … Read More 

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 

Negotiating Controversial Issues

Posted by & filed under Crisis Negotiations.

When you’re trying to negotiate a hot-button issue, what’s the best approach to take? That was the question facing U.S. president Donald Trump as he and his administration attempted to convince the government of Mexico to fund a wall along the U.S.-Mexico border, in addition to negotiating other matters of concern to both governments. The … Read More 

How to Overcome Cultural Barriers to Communication in International Negotiations

Posted by & filed under International Negotiation.

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 

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

Posted by & filed under Dispute Resolution.

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 

Successes & Messes: Painting a Suspicious Picture

Posted by & filed under Dealmaking.

In negotiation, a good agent can be hard to find. Three New York art dealers and a Russian billionaire learned that lesson the hard way in negotiations over the sale of a painting by Leonardo da Vinci, as reported by Bloomberg and the New York Times. A case of mistaken identity The strange saga began in 2005, … Read More 

A Dealmaking President’s Opening Moves

Posted by & filed under Dealmaking.

As a lifelong dealmaker, Donald J. Trump will enter the Oval Office with considerable bargaining experience in the business world. But his blank slate as an elected official combined with his fluctuating positions on key issues such as immigration and tax policy throughout the presidential race have left many wondering what kind of negotiator he … Read More 

Negotiation Advice: When to Make the First Offer in Negotiation

Posted by & filed under Negotiation Skills.

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 

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 

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

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 

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 

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 

Dear Negotiation Coach: Mixing Business and Friends

Posted by & filed under Dealmaking.

Q:My wife and I are friends with another couple who live in our neighborhood. For many years they have told us that they love our home and street and that if we ever wanted to move, they would like to buy our house. From the number of times they have said it, we know they’re … Read More 

Manage Your Power at the Bargaining Table

Posted by & filed under Negotiation Skills.

Avoid the common traps that come with having high power or low power. In early August, employees of the Massachusetts Institute of Technology (MIT), New York University (NYU), and Yale University sued their employers for allowing investment companies to charge excessive fees on their retirement plans, the New York Times reports. The universities were accused of … Read More 

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 

In Negotiation, How Much Does Personality Matter?

Posted by & filed under Negotiation Skills.

We tend to have strong intuitions about which personality traits help or hurt us in negotiation, but does research on the topic confirm our hunches? Before we explore this topic, please answer “True” or “False” in response to the following questions: 1. Extroverted negotiators tend to perform better than introverted negotiators. 2. Agreeable negotiators generally are more successful … Read More 

Breaking through impasse

Posted by & filed under Dispute Resolution.

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

Choosing and Using a Negotiation Adviser

Posted by & filed under Negotiation Skills.

As he approached the June 23 National Basketball Association (NBA) draft this year, top prospect Jaylen Brown, a student at the University of California (UC), Berkeley, made the unusual yet logical decision to participate in the draft process without the aid of a sports agent. Brown, the 2016 Pac-12 Freshman of the Year, likely decided … Read More 

Dear Negotiation Coach: Negotiating Reverse Auctions

Posted by & filed under Negotiation Skills.

QUESTION For years, my company had long-term relationships with our customers, in which we would sit down for annual negotiations. But over the past few years, more of our customers have required us to participate in “reverse auctions” run by procurement departments. Sometimes these auctions are online, and sometimes they are in person; sometimes they are … Read More 

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 

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 

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 

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 

Are You in It to Win It?

Posted by & filed under Dealmaking.

For the New York Mets, a deal with outfielder Yoenis Céspedes is all in the timing Just because a deal isn’t working out in the present doesn’t mean it never will. That’s the key takeaway from a recent contract agreement reached between the New York Mets and star outfielder Yoenis Céspedes this past January. A temporary impasse Céspedes, … Read More 

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 

Entrepreneurs: Prepare to overcome key negotiation challenges

Posted by & filed under Negotiation Briefings Articles, Negotiation Skills.

Start-ups and individual entrepreneurs often encounter roadblocks when negotiating with potential partners and investors. When you are trying to sell others on your big idea or venture, you face the daunting challenge of convincing them that it’s worth their time, money, and effort. And even as you’re drawing on all your powers of persuasion to … Read More 

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 

Negotiators: Resist the Vividness Trap

Posted by & filed under Salary Negotiations.

For the New York Mets, it was hard not to get carried away in their negotiations with Ben Zobrist this past fall. The utility player had a pivotal role in helping the Kansas City Royals defeat the Mets and win the 2015 World Series. When the 34-year-old Zobrist became a free agent, the Mets pursued … Read More 

Should You Appeal to Their Sense of Sympathy?

Posted by & filed under Negotiation Skills.

Imagine that you are about to enter into a negotiation. Unbeknown to your counterpart, the stakes are particularly high because of difficulties you are suffering behind the scenes. Maybe your organization is struggling financially and needs a break to stay in the black. Or you are planning to ask for a raise to help cover … Read More 

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 

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 

To Reduce Post-Deal Regret, Take an Analytical Approach

Posted by & filed under Dealmaking.

Dissatisfied with her first book contract, comedian Amy Schumer canceled it and negotiated a different one. A better strategy? Lessen your odds of disappointment from the start. In 2012, David Hirshey, senior vice president and executive editor of publisher HarperCollins, saw Amy Schumer’s stand-up comedy act and was so impressed by the rising star that he offered … Read More 

Try a Game-Changing Move in Your Next “Negotiauction”

Posted by & filed under Dealmaking.

Increasingly in the business world, negotiators must compete not only with their counterpart across the table but also with others fighting for the same deal. A procurement officer may announce to a longtime supplier that she is putting their contract up for an auction for the first time, for example. Or competitors bidding for a … Read More 

Building Momentum Through Goodwill Gestures

Posted by & filed under Dealing with Difficult People.

Sometimes disputes are left to fester for years, even decades, until parties decide there is something to be gained from reaching agreement. The nations of Bangladesh and India recently seized on an opportunity to push the “restart” button on their bumpy relationship by resolving one such ongoing dispute. Living in no man’s land Until recently, on each … Read More 

Negotiation Interrupted

Posted by & filed under Salary Negotiations.

From time to time, our negotiations are interrupted by an unexpected development from outside the talks, such as the death of a loved one, a serious injury or illness, or a bankruptcy. At times, a pause may be all that’s needed before talks can get back on track; in other instances, the change may have … Read More 

In negotiation, sadness can have a silver lining

Posted by & filed under Negotiation Skills.

The negotiations that surrounded the 1962 Cuban missile crisis were some of the most tense and frightening in world history. Having learned that the Soviet Union had deployed ballistic missiles to Cuba, the United States orchestrated a military naval blockade to prevent the Soviets from delivering more missiles to its strategic partner. Over the course … Read More 

Negotiation logistics: Best practices for better deals

Posted by & filed under Dealmaking.

Before the official start of the Group of 7 (G-7) economic conference in Krün, Germany, this June, U.S. president Barack Obama and German chancellor Angela Merkel took time to tour a historic village and bond over beer and sausages. At the end of their friendly stroll, Obama jokingly asked Merkel whether the G-7 talks might … Read More 

Negotiation Skills in Business Communication: Heading Off Deception

Posted by & filed under Business Negotiations.

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 

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 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 

When Negotiations Go Down to the Wire

Posted by & filed under International Negotiation.

From the start, the negotiations were precarious. In late 2013, Iran agreed to temporarily freeze portions of its nuclear program and to negotiate a more comprehensive nuclear dismantlement with the United States, Russia, China, France, Germany, and Great Britain in exchange for reduced economic sanctions. The negotiations proceeded in fits and starts over the next … Read More 

In negotiation, are two anchors better than one?

Posted by & filed under Negotiation Skills.

Suppose you are about to negotiate the price of your used car with a potential buyer. You know that the fair market value of the car is about $5,000–$6,000. You want to make an opening offer that is aggressive but not offensive. Should you name a specific price—say, $7,000—or suggest a price range, such as … Read More 

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

Posted by & filed under Negotiation Skills.

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 

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

Posted by & filed under Daily, Events.

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 

The German Chancellor Seizes the Day, with Hesitation

Posted by & filed under International Negotiation.

Some negotiators make a strong impression through bold opening statements and mesmerizing presentations. Others sit back, closely observing their counterparts and gathering information before making any decisive moves. German chancellor Angela Merkel is the latter type: quiet, watchful, and slow to act. Her style springs from many factors, writes George Packer in a profile of Merkel … Read More 

Business Negotiation Techniques and Dealmaking – Bargaining with Agents

Posted by & filed under Negotiation Skills.

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 

How Does Mediation Work?

Posted by & filed under Mediation.

How does mediation work in practice? As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel. Mediation can include some or all of the following six steps, writes Kimberlee K. Kovach in The Handbook of Dispute Resolution (Jossey-Bass, 2005): 1. Planning. Before mediation begins, the mediator helps the parties decide where … Read More 

Today’s Middle East and Israel’s Elections: What is at Stake?

Posted by & filed under Daily, Events, Middle East Negotiation Initiative (MENI).

The Program on Negotiationat Harvard Law School is pleased to co-sponsor the Harvard Hillel’s second Riesman Forum on Politics and Policy Today’s Middle East and Israel’s Elections: What is at Stake? with Ambassador Dennis Ross William Davidson Distinguished Fellow The Washington Institute for Near East Policy Professor Gabriella Blum Rita E. Hauser Professor of Human Rights and Humanitarian Law Harvard Law School Moderated by Professor Robert H. Mnookin Samuel Williston … Read More 

Can Mediation Settle the James Brown Dispute?

Posted by & filed under Mediation.

Back in 2000, James Brown, the legendary “Godfather of Soul,” signed a will leaving most of his estate—valued up to $100 million—to provide scholarships to needy children. In an audio tape, the musician explained that he hoped to cement his legacy with these good deeds. In the will, Brown also set aside scholarship funds for … Read More 

Negotiation Skills: View Your Counterpart as an Agent

Posted by & filed under Negotiation Skills.

Looking for yet another way to build your power at the negotiating table? Examine the incentives of your counterpart—and then consider whether they align with those of the group she represents. In most business negotiations, notes Harvard professor Guhan Subramanian, your counterpart is acting as her organization’s representative, or agent (just as you’re acting as … Read More 

Dealing with difficult people— even when you don’t want to

Posted by & filed under Dealing with Difficult People.

In your negotiations, have you ever faced a truly difficult negotiator—someone whose behavior seems designed to provoke, thwart, and annoy you beyond all measure? For some Western leaders these days, the negotiator who best fits that description might be Russian president Vladimir Putin. Since the beginning of the crisis in Ukraine, the Russian leader has seemed … Read More 

Too eager to close?

Posted by & filed under BATNA.

This past November, word got out that toy maker Hasbro was in advanced talks to purchase DreamWorks Animation. Purchasing an animated-film studio would move Hasbro CEO Brian Goldner closer to his goal of transforming the successful toy company into a global entertainment powerhouse, as the Lego Group has done in recent years, write Andrew Ross … Read More 

Getting past “You go first”

Posted by & filed under Win-Win Negotiations.

In our easiest professional negotiations, we have ample resources to divide among us, and everyone involved expects to benefit in both the short term and the long term from a deal. Unfortunately, there are also times when reaching common ground would require significant sacrifices from everyone involved. The temptation in such situations is to stonewall … Read More 

How to avoid a bidding war

Posted by & filed under Business Negotiations.

In the National Basketball Association (NBA), signing an endorsement deal with footwear giant Nike has become a rite of passage for newly anointed superstars. Save for a few notable deals by Adidas, Nike has dominated the practice of paying top talent millions for the right to sell lines of collectible shoes in their names. This past … Read More 

Are introverts at a disadvantage in negotiation?

Posted by & filed under Negotiation Skills.

In Washington, D.C., lawmakers in Congress are angry at President Barack Obama. They view him as aloof, distant, unwilling to forge agreement, and unsupportive of their causes. And we’re not even talking about Republicans: Democrats have grown increasingly frustrated with Obama’s standoffish leadership style, report Carl Hulse, Jeremy W. Peters, and Michael D. Shear in a … Read More 

In business negotiations, assess when to go it alone

Posted by & filed under Business Negotiations.

More than $100 billion in technology mergers and acquisitions has been announced in the United States so far this year, a level not seen since 2000, according to financial software company Dealogic. Among the most notable acquisitions, Google paid $3.2 billion for thermostat and smoke alarm maker Nest Labs in January, and Facebook shelled out … Read More 

Arguing over who’s right? Change the discussion

Posted by & filed under Dispute Resolution.

In 2013, negotiators from Citigroup and the U.S. Department of Justice (DOJ) began meeting to discuss what penalties the bank should face for allegedly defrauding investors in 2006 and 2007. The DOJ accused Citigroup of ignoring signs that a significant portion of the mortgages it had packaged and sold had underwriting defects. Widely criticized for … Read More 

In the NFL, Roger Goodell’s Dealmaking for Mutual Gains

Posted by & filed under Dealmaking.

Because an agent’s incentives are rarely, if ever, perfectly aligned with those of her principal (principal-agent theory), many business negotiators have been burned by agents who put their own interests first. Agents in many fields, for example, have a motivation to close deals quickly – rather than for the best price – and earn quick … Read More 

Negotiation Skills: Negotiating to Give Good Advice

Posted by & filed under Negotiation Skills.

Many of us advise others on the job yet fail to plan adequately for this responsibility. Set up a strong relationship by negotiating your role as advisor. Name-calling, backstabbing, and turf wars erupted among President Barack Obama’s civilian and military advisors in 2009, as he tried to devise a strategy for ending the war in … Read More 

Dear Negotiation Coach: Coping with a change-of-control provision

Posted by & filed under Business Negotiations.

Q: I represent a company—let’s call it “ClientCorp”—that has a long-term contract with another company, “TargetCorp.” A provision in the agreement allows ClientCorp to exit the contract in the event of a “change of control” at TargetCorp. We have become aware that TargetCorp is in negotiations to be acquired by a third party, “AcquirerCorp,” a … Read More 

Dealing with negotiation power plays

Posted by & filed under BATNA.

In negotiation, visions of collaborating to create new sources of value can quickly evaporate when the other party engages in a power play—such as penalizing us financially, attacking our reputation, walking away, or threatening to do all of the above. Suddenly we find ourselves on the defensive, scrambling to do more than just break even. That’s … Read More 

Lawyers in Mediation and the Mediation Process

Posted by & filed under Dispute Resolution.

How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research … Read More 

For Bank of America, Dealmaking to Turn the Page

Posted by & filed under Dealmaking.

Negotiation often marks a new beginning: of a partnership, a project, or employment relationship. At other times, the goal of dealmaking is as much about reaching an ending as it is about moving forward. That’s the attitude with which Bank of America wrapped up its settlement negotiations with the Department of Justice (DOJ) last month. For … Read More 

How to Deal When the Going Gets Tough

Posted by & filed under Conflict Resolution.

Most business negotiators understand that by working collaboratively with their counterparts while also advocating strongly on their own behalf, they can build agreements and longterm relationships that benefit both sides. During times of economic hardship, however, many negotiators abandon their commitment to cooperation and mutual gains. Instead, they fall back on competitive tactics, threatening the other … Read More 

Hong Kong Lawyer Benny Tai Inspired by Harvard Negotiation Project Authors

Posted by & filed under Teaching Negotiation.

The Harvard Negotiation Project was recently mentioned in the Wall Street Journal by David Feith in his interview with Benny Tai, “China’s New Freedom Fighters.” Benny Tai, a 49 year old lawyer who has been branded an “enemy of the state,” founded Occupy Central with Love and Peace, a group that promotes civil disobedience in order … Read More 

Build strong relationships in business negotiations

Posted by & filed under Business Negotiations.

While a student at Stanford University in the mid-2000s, Kevin Systrom met Facebook founder and CEO Mark Zuckerberg at gatherings on campus. Though Systrom declined Zuckerberg’s proposal that he drop out of school and take a job with Facebook, the two men kept in touch by phone in the years following. After Systrom launched photo-sharing … Read More 

Book Notes: Make the most of feedback in your negotiations

Posted by & filed under Dealmaking.

It’s time to negotiate a promotion, but whether you meet that goal will depend on how your latest performance evaluation unfolds. You’re trying to improve your relationship, but you don’t like the advice you’re getting from your therapist. Your newest client seems satisfied overall, but he finds something trivial to criticize whenever the two of … Read More 

Dealmaking: What About the Fine Print?

Posted by & filed under Business Negotiations.

Choosing the right words for your contract is a negotiation in itself. Five guidelines will help you achieve greater precision. When negotiators sign on the dotted line, they sometimes worry about the wrong concerns. “Did I overpay?” wonders the buyer as he inks the sales agreement. Across the table, the seller is thinking, “I bet if I’d pushed … Read More 

When Conflict Doesn’t Require Conflict Resolution

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Most of us dread conflict and the need to engage in conflict resolution. Yet we may be reaping benefits from certain forms of conflict on the job, according to a new study published in the Journal of Applied Psychology. Researchers Gergana Todorova (the University of Miami), Julia B. Bear (Stony Brook University), and Laurie R. Weingart … Read More 

Disappointed by Results? Improve Accountability in Business Negotiations

Posted by & filed under Negotiation Skills.

When it comes to planning and carrying out talks, negotiators are too often left to their own devices. Here’s how to guide your employees toward better results. How satisfied are you with the outcomes that negotiators in your organization achieve? Most likely, you can think of a few successes worth crowing about, a few you’d like to sweep … Read More 

Dear Negotiation Coach: Cooling off after conflict

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Q: My former spouse of 18 years and I had an explosive breakup a year ago. After failing to overcome our mutual hostility during divorce mediation, we have avoided each other, communicating primarily through our attorneys. Our divorce is now final, but because we have shared custody of our two teenagers, we need to communicate … Read More 

In Business Negotiations, 12 Strategies for Curbing Deception

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In negotiation, deception can run rampant: parties “stretch” the numbers, conceal key information, and make promises they know they can’t keep. Unfortunately, most of us are very poor lie detectors. Even professions that encounter liars regularly, such as police officers and judges, do not perform better than chance at detecting deception, Professor Paul Ekman of the … Read More 

Low-Drama Negotiation Skills at the “Late Show”

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Just one week after David Letterman revealed his decision to leave his long-running talk show, the Late Show with David Letterman, CBS announced that comedian Stephen Colbert would be his replacement. The negotiations surrounding the changing-of-the-guard were remarkably business-like and calm for the tumultuous world of late-night television. Letterman debuted his show Late Night in 1982 … Read More 

Dear Negotiation Coach Dealmaking after handshaking

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Q: I’ve heard a lot about the benefits of nonverbal behavior in negotiation. Shaking hands seems like such a natural way to begin a negotiation, but does it signal too much eagerness to reach agreement? A: In 2013, U.S. president Barack Obama and Iranian president Hassan Rouhani planned a historic encounter at the United Nations General … Read More 

Emotional intelligence brings mixed results

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As you sit down to negotiate with a new colleague over a long-term project being managed by your divisions, you feel a bit nervous. Steve, though, immediately puts you at ease. He is warm and friendly, undaunted by the challenging task confronting you. As you begin your discussion, Steve makes it clear that he is … Read More 

Manage the tension between claiming and creating value

Posted by & filed under BATNA.

David Schwimmer, the actor who played Ross on the hit NBC sitcom Friends, famously convinced the show’s five other leads in the early years of its run to negotiate their contracts with NBC as a team. The “mini union” formed by the actors ultimately helped them negotiate an unprecedented $1 million each per episode during … Read More 

You Aren’t Invincible

Posted by & filed under Conflict Resolution.

In a hypothetical raise negotiation, suppose you find out that your peers have told your boss disparaging and blatantly untrue stories about your interactions with customers. You feel shocked and upset by their betrayal; you always believed that you had a good relationship with you coworkers. It never crossed your mind that they would attempt to … Read More 

Dear Negotiation Coach: Defusing negotiation anxiety

Posted by & filed under Negotiation Skills.

Q: Negotiations make me anxious. In the past year, I negotiated for a car at a dealership, a higher salary at work, a lower price on a piece of furniture at an antiques market, and an important business contract as part of a team. Each time, my palms got sweaty, my heart started to race, …