In negotiation, all the goodwill, trust, and cooperation you create can seem useless if you and your negotiating counterpart disagree about how future events may play out. In such cases, a contingent contract can be a highly useful, though widely overlooked, tool for creating value in negotiation.
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We said goodbye to breakfast meetings, client lunches, and after-work happy hours. Goodbye to handshakes, fist bumps, and pats on the back. Goodbye to the boots-on-the-ground sales game as we knew it, and hello to Zoom calls and text messaging.
To make matters even more difficult, the economy started to trend downwards—and so did the … Read Make the Most of Online Negotiations
There are a number of infamous negotiation examples in the workplace, but one most notable instance occurred in March 2018, when more than 700 Canadian doctors, residents, and medical students signed an online petition protesting their pay.
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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.
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To learn more about negotiation biases, let’s look back to July of 2018 when the principal flutist of the Boston Symphony Orchestra (BSO), Elizabeth Rowe, became the first Massachusetts resident to sue her employer under a new state law designed to address the persistent pay gap between men and women.
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Suppose you want to hire a mediator to help you resolve a conflict that you’re having with an individual or a company, but for various reasons, meeting face-to-face would be difficult. That’s where online mediation comes in.
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Looking to update your curriculum with innovative new simulations? Check out these new simulations from the Teaching Negotiation Resource Center (TNRC).
Discord at the Daily Herald – New Simulation
This two-party, three-hour, multi-issue negotiation is between the co-owners of the Daily Herald newspaper over how to resolve ongoing management issues and implement structural reforms in the face … Read The Best New Simulations
New from the Teaching Negotiation Resource Center (TNRC), Ren the Robot is a one-and-a-half hour, two-party, multi-issue negotiation between a Tokyo-based robotics company, Grubotics, and a U.S.-based tech company, Delivered, over a potential acquisition deal. It is designed to be conducted using online video conferencing. The use of online video conference technology highlights the conveniences … Read More
How can you uncover additional value, make useful trades, and put together a package that exceeds your party’s expectations? Here are four integrative negotiation strategies for value creation that all negotiators should add to their toolkit.
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“A huge mistake.” “A shot in the dark.” “An audacious move.” Those are just a few of the media’s characterizations of the business partnership agreement between wireless carrier AT&T and media and entertainment firm Time Warner (now known as WarnerMedia). It was the biggest merger of 2016, with $85.4 billion in cash and stock transferring … Read More
In an episode of the American television show The Office, bumbling manager Michael Scott consults with a manual on conflict resolution while attempting to mediate a dispute between two of his subordinates, Angela and Oscar. After Scott explains that there are five approaches to resolving conflict, beginning with “win-lose,” an annoyed Angela interrupts: “Can we … Read What is a Win-Win Negotiation?
The prospect of boosting our negotiation skills can be so overwhelming that we often delay taking the necessary steps we can follow to improve, such as taking time to prepare thoroughly. The following five guidelines will help you break this daunting task into a series of manageable—and often essential—strategies.
… Read 5 Tips for Improving Your Negotiation Skills
Introducing a new way to go in-depth when teaching the most important negotiation concepts and to measure learning outcomes.
If you are new to teaching negotiation or are looking to go in-depth on teaching key concepts, the All-In-One Curriculum Package will provide you with everything you need. The Teaching Negotiation Resource Center has created All-In-One Curriculum … Read Check Out the All-In-One Curriculum Packages!
Business negotiators understand the importance of reaching a win-win negotiation: when both sides are satisfied with their agreement, the odds of a long-lasting and successful business partnership are much higher. But concrete strategies for generating a win-win contract often seem elusive. The following five, from experts at the Program on Negotiation at Harvard Law School, … Read 5 Win-Win Negotiation Strategies
In an article, “Beyond Blame: Choosing a Mediator,” Stephen B. Goldberg advised business negotiators involved in a dispute to seek out an interests-based mediator to assist both sides in reaching a mutually satisfactory dispute resolution.
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You want to hire a mediator to help you resolve a conflict that you’re having with an individual or a company, but meeting face-to-face would be difficult. Perhaps you and the other party are located in different geographic areas, or social-distancing guidelines are keeping you apart.
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Negotiation jujitsu means breaking the vicious cycle of escalation by refusing to react. Resistance should be channeled into activities such as “exploring interests, inventing options for mutual gain, and searching for independent standards.”
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These days, work can often feel chaotic and unfocused. Leaders and followers alike struggle to keep complex group projects moving forward in the face of seemingly insurmountable economic, technological, and logistical challenges. One tool that can help is facilitative leadership—a management strategy that empowers employees to make decisions, address conflict, and take on greater responsibility.
… Read What Is Facilitative Leadership?
Think you have some stories from trying to renegotiate? Try this one on for size. Many viewed the deal to be a terrible one from the start. Back in December 2008, Richard M. Daley, then Chicago’s mayor, announced that his administration had agreed to lease the city’s parking meters for 75 years to a private company … Read How to Renegotiate a Bad Deal
The National Football League’s Pittsburgh Steelers faced a dilemma. Mid-contract, the team’s star wide receiver, Antonio Brown, asked the team to improve upon the six-year, $42.5 million deal they negotiated back in 2012. Brown had risen to become the best receiver in football and believed he was underpaid.
… Read Finding Mutual Gains In “Non-Negotiation”
Multiparty negotiations can be incredibly challenging. Just ask the negotiators from over 170 countries who managed to reach agreement on October 15 on a legally binding accord to combat climate change.
… Read Managing a Multiparty Negotiation
In business negotiation, a win-win agreement may be the ultimate goal, but it can sometimes prove elusive. Here, we offer four strategies from experts at the Program on Negotiation at Harvard Law School on how to create win-win situations in even the trickiest negotiations.
… Read How to Create Win-Win Situations
Technology has infiltrated almost every element of our negotiations, as it has almost every aspect of our lives. Negotiation scholars have studied how negotiating via technological media affects the way we negotiate—concluding, for example, that doing business via email can increase misunderstandings and heighten conflict as compared to face-to-face meetings. But the ubiquity of technology … Read More
When thinking of negotiation in international relations, it’s difficult to think of any negotiation with higher stakes than those surrounding nuclear nonproliferation. Often conducted amid international conflict and public scrutiny, complicated by language and cultural barriers, and carried out under tight deadlines, talks aimed at ensuring that nuclear technology is used peacefully and that disarmament … Read More
In negotiation, our success often hinges on our bargaining power—which in turn can depend on forces beyond our control. That truism was highlighted in two recent disputes arising from business negotiations over the pricing of copyrighted material in the digital era, one from the music world, the other from publishing.
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How can you get through to people who seem uninterested in finding common ground? How can you deal with seemingly irrational negotiators who use insults, threats, and other hardball tactics to try to get their way?
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“A huge mistake.” “A shot in the dark.” “An audacious move.” Those are a few of the media’s characterizations of wireless carrier AT&T’s acquisition of media and entertainment firm Time Warner, announced on October 22, 2016, for $85.4 billion.
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During the course of a complex negotiation, the last thing we want to think about is the possibility that a serious disagreement or contract breach will arise during the implementation stage. Yet we also know that such conflicts are common.
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It used to be that when negotiating counterparts were located far apart, one side or the other would need to get in a car, train, or plane if the parties wanted to do business face-to-face. These days, you only need to set up a videoconference on an app such as Zoom or Google Hangouts to … Read The Hidden Pitfalls of Video Negotiation
In negotiation, one great deal can beget another. For the National Basketball Association (NBA), its stellar 2016 national television contract begat dozens of stellar salary negotiations for top players and even mediocre ones. But after the boom year passed, players’ expectations bounced up against reality.
… Read Salary Negotiations in the NBA and Beyond
To hear some tell it, we are experiencing an epidemic of conflict avoidance, finding new ways to walk away from conflict rather than engaging in interpersonal conflict resolution. Ghosting, for example—ending a relationship by disappearing—has become common. Numerous tech companies are being criticized for laying off people via email rather than in person. Many people … Read More
When their employees get into disagreements with one another, managers have various ways of coping. For example, they can try to mediate the dispute themselves; they can make use of in-house procedures and systems set up for managing disputes, if they exist; or they can refer the case to a professional mediator.
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After closing the deal in negotiations, we often feel a sense of pride. Imagine, for example, that you are a purchasing agent who just scored a significant price concession from a supplier. Now it’s time to hang up the phone and move on to another negotiation with a different supplier. You’re feeling proud of how … Read More
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
Technology is a pervasive feature of modern life, providing countless benefits ranging from new cancer treatments to smart phones. Especially since the onset of the COVID-19 pandemic, technology has been embedded in many parts of our everyday lives. Technology can also be a source of disruption and is at the root of many disputes. Parties … Read More
Save Fairport: Planning for Social Cyber Defense of Critical Urban Infrastructure
Cybersecurity for critical urban infrastructure is a major public safety issue for cities. Cyber-attacks can cause major physical damage, as well as sow chaos and undermine public faith in government. Cyber criminals constantly develop new types of malware, which may not be detectable by current … Read More
Imagine that you’re the CEO of a sports clothing manufacturer based in Chicago. You recently traveled to Amsterdam, the Netherlands, to meet with a distributor who has a rich and diverse network in the European sports market.
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In 2013, negotiators from Citigroup and the U.S. Department of Justice (DOJ) began meeting to find a mutually satisfactory agreement regarding 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 … Read More
When the other side seems to have all the power in a negotiation, what should you do? In recent years, that question has been an urgent one for many universities and libraries negotiating subscription agreements with the academic publishers that produce peer-reviewed scientific research journals. Confronted with skyrocketing pricing demands, several of these institutions have … Read More
Moral conflicts between groups are inevitable in modern life, writes Harvard University professor Joshua Greene in his book Moral Tribes: Emotion, Reason, and the Gap Between Us and Them (Penguin, 2013). The tendency to separate ourselves into distinct groups arose from the tribal lives of our ancestors, who had to get along with members of … Read More
We may think our negotiation ethics in business are above reproach, but all of us are susceptible to engaging in unethical negotiation tactics—sometimes without realizing it. Here’s how to do better.
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When someone issues a threat or an ultimatum, take a step back and diagnose the problem. Consider how you would respond to threats and ultimatums such as these during negotiation. In the face of such tough talk, should you strike back with a counterthreat? Probably not. Because counterthreats raise the emotional temperature of a negotiation, … Read More
At the time, it seemed to be an example of coolheaded dealmaking in the midst of disaster. In 2009, hit hard by the 2008 financial crisis and changes in consumer preferences, U.S. automaker Chrysler was on the brink of collapse, and the Treasury Department stepped in to do a deal. In exchange for about $12 … Read How to Negotiate Under Pressure
Creating value is the name of the game in integrative negotiations but these principles can also apply to the highly competitive realm of business negotiations. In the business world, why is competition so often the norm, while cooperation seems like an impossible goal?
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When we think about our own ethics in negotiation, we tend to focus on the ethical and legal lines we may be at risk of crossing through our actions. We often fail to consider how we could end up enabling the unethical and even illegal behavior of our negotiation counterparts and partners.
More broadly, we have … Read More
We recently received a question from a reader regarding a business contract conflict. Robert Mnookin, Williston Professor of Law at Harvard Law School, chair of the Program on Negotiation, and author of Bargaining with the Devil: When to Negotiate, When to Fight (Simon & Schuster, 2010), explains that you may have more options than it … Read More
A medical facility might not be the first place you think of for effective leadership in a negotiation. But that’s precisely what took place between a doctor and his patients. At Memorial Sloan Kettering Cancer Center (MSKCC) in New York City, a leading cancer research and treatment institution, doctors often will advise men who are … Read More
What’s your first reaction to the concept of paternalistic leadership? If you’re new to the concept and from an individualistic culture, such as the United States, Canada, Australia, or many European nations, you might dismiss the idea out of hand. After all, paternalism connotes top-down leadership, an outdated and exclusionary male-centered viewpoint, and strict authoritarianism. … Read Paternalistic Leadership: Beyond Authoritarianism
Are extroverts by nature better negotiators than introverts? Or are they at a disadvantage in negotiation? As we’ll see, the answer is far from decided. However, we all have clear opportunities to build on our own strengths and learn from those of others.
Introversion is a personality trait marked by a desire to think through ideas … Read Are Introverts at a Disadvantage in Negotiation?
When business negotiation tactics fail to consider outside interests, especially in the case of international mergers, deals can fall apart quickly. Automakers Renault and Fiat Chrysler discovered this when they ignored other stakeholders in an ill-fated attempt at a deal.
The idea of a merger was sparked because of tightening global competition and demand for new … Read When Business Negotiation Tactics Fail
Running a multinational corporation, starting a small business, or leading a diplomatic mission all require critical leadership skills. Being an effective leader necessitates negotiating both within your organization and with external partners. In Real Leaders Negotiate, author Jeswald Salacuse explains that leaders can increase their effectiveness by using negotiation in each of the three phases … Read Teaching Critical Leadership Skills
There are numerous advantages to hearing from external advisers and experts in a high-stakes negotiation. However, when talks are at an impasse, limiting the negotiation to a small number of participants may be a more beneficial problem solving approach than including outside opinions.
This was at the heart of a recent question answered by Guhan Subramanian, … Read More
Start-ups and individual entrepreneurs often encounter challenging conversations when negotiating with potential partners and investors. When you are trying to sell others on your big idea or venture, you face the daunting challenge of convincing them that it’s worth their time, money, and effort. And even as you’re drawing on all your powers of persuasion … Read More
Laptops, smartphones, databases, and project-management software have become common tools of the negotiation trade. Meanwhile, even as online dispute resolution has risen in popularity, online mediation remains elusive, with mediation being a largely technology-free zone, with smartphones often turned off and tucked away.
“The field of mediation has proved surprisingly resistant to technological influence, an island … Read More
In the business world, companies often work so hard to outperform their direct competitors that they overlook opportunities to meet their goals through collaborative negotiation. Several negotiations in the news describe competitors forging innovative partnerships that allowed them to cooperate and compete.
… Read Collaborative Negotiation with Competitors
In 2019, face-to-face meetings between then U.S. president Donald Trump and North Korean leader Kim Jong-un, held in Hanoi, Vietnam, came to an abrupt end after Kim insisted that the United States lift all economic sanctions against his country in return for denuclearization. Trump refused and ended the talks, telling reporters, “Sometimes you have to … Read More
In negotiation, visions of collaborating to create new sources of value can quickly evaporate when the other party engages in a hardball strategy—such as penalizing us financially, attacking our reputation, walking away, or threatening to do all of the above. Suddenly we find ourselves on the defensive, scrambling to do more than just break even.
That’s … Read More
In-depth Teaching Materials with Real Time Data Analytics Designed to Enhance Teaching Negotiation
From the Teaching Negotiation Resource Center (TNRC) at PON, and iDecisionGames: digitally enhanced simulation packages designed to take your teaching to the next level.
The Enhanced Simulation Package from the TNRC and iDecisionGames brings a new, interactive learning experience to teaching negotiation. This easy … Read More
Performers have increasingly learned business negotiation skills and played an outsized role in shaping plays and musicals vying for a Broadway stage. In 2016, the original off-Broadway cast of Hamilton negotiated with the show’s producers to acknowledge their contributions to the hit musical by guaranteeing them a small share of the show’s profits.
With other actors … Read More
Do you know how to negotiate price? Is there a better way to approach this type of negotiation that differs from other negotiation strategies? In this week’s Dear Negotiation Coach column, we answer the question.
I’m trying to decide whether to make the first offer in a price negotiation. I’ve heard arguments in favor of both … Read More
Do your students really understand the difference between value distribution and integrative negotiation, and have you given them a chance to practice their distributive bargaining skills? Do they understand that every negotiation includes elements of both value creation and value distribution? To help teach these key negotiation skills the Teaching Negotiation Resource Center (TNRC) has developed a … Read More
This past fall, three grown children set about helping their mother, Mina, find a memory care facility for John, their 85-year-old father. John’s previously mild dementia had progressed rapidly during the Covid-19 pandemic, to the point that he could no longer live safely at home.
John’s children gathered a short list of affordable long-term care facilities … Read Making the best of pandemic-era deal disruptions
In 2020, grounded by the Covid-19 pandemic, international diplomats accustomed to traveling from capital to capital found themselves stuck in a never-ending stream of videoconferences. To take a number of diplomacy examples, the G7, the G20, the International Monetary Fund, and the World Bank all met online, reduced to tiny faces on a screen. The … Read Diplomacy Examples in the Covid-19 Era
In the global pharmaceutical industry, companies often work in utter secrecy to be the first to bring moneymaking, lifesaving drugs to market. But when the novel coronavirus emerged in China in early 2020, many leading drugmakers quickly recognized that they would not be able to swiftly develop and mass- produce effective Covid-19 vaccines and treatments on … Read Negotiating fruitful partnerships at warp speed
Business negotiators know that persistence and tenacity can make all the difference between impasse and a game-changing breakthrough. Take the saga behind Microsoft’s 2013 announcement of its pending $7.2 billion acquisition of Finnish mobile phone company Nokia’s handset and services business. The two parties engaged in many months of fruitless talks before either side believed … Read More
It started with Steve Jobs. That’s the story told by the flood of e-mail messages subpoenaed in a class-action lawsuit filed against Apple, Google, Intel, and Adobe by 64,613 Silicon Valley software engineers who claim that the companies conspired to keep them from switching employers.
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Cross cultural negotiation examples provide insights into how negotiation techniques change depending on the context in which negotiators find themselves. As Professor Cheryl Rivers of Queensland University of Technology in Brisbane, Australia, points out in a recent negotiation research literature review, seasoned negotiators often hear stories about the unethical behaviors of people of other nationalities.
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The Program on Negotiation at Harvard Law School
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