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Negotiation research suggests that email often poses more problems than solutions when it comes to relationships, information exchange, and outcomes in conflict resolution negotiation scenarios. First, establishing social rapport via email can be challenging. The lack of nonverbal cues and the dearth of social norms regarding its use can cause negotiators to be impolite and … Read More
Learn how to negotiate like a diplomat, think on your feet like an improv performer, and master job offer negotiation like a professional athlete when you download a copy of our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.
A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchange "consideration" to create "mutuality of obligation."
The following items are tagged agreement
Courses and Training
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership Dealing With Difficult People and Problems Spring: June 20-22, 2016 Fall: September 19-21, 2016 | October 24-26, 2016 | December 5-7, 2016Read More
John & Mary
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
Free Report
BATNA Basics: Boost Your Power at the Bargaining Table
Perfect your negotiation skills in this free special report, BATNA Basics: Boost Your Power at the Bargaining Table from Harvard Law School. … Read More
BATNA: Examples of 10 Hard Bargaining Negotiating Skills and Negotiation Strategies
Negotiating skills for dealing with situations as they arise at the bargaining table are always in high demand. Strategies prepared before coming to the bargaining table are one way to anticipate events during negotiations, but expert negotiators know that the bargaining style of their counterpart will impact, positively or negatively, even the best laid plans. … Read More
Courses and Training
Getting to YES with Yourself
December 8, 2016 Getting to YES with Yourself
William L. Ury
William L. Ury Co-author of Getting to YES; author of Getting Past No: Negotiating with Difficult People, and The Power of a Positive No
What's the greatest obstacle to successful agreements and satisfying relationships? The unexpected truth is that often we are. In this new, one-day program led by William L. … Read More
Great Negotiator Case Study Package
James K. Sebenius and Jeswald Salacuse, with Daniel Curran, Laurence A. Green, Rebecca Hulse and Kristin Schneeman A package of factual case studies featuring recipients of the Program on Negotiation's Great Negotiator Award … Read More
Free Report
Business Negotiation Strategies: How to Negotiate Better Business Deals
New Free Report – Business Negotiation Strategies: How to Negotiate Better Business Deals … Read More
How to Create Value at the Bargaining Table: Negotiation Strategies for Creating Win-Win Negotiation Scenarios
While you might choose many processes for conducting your negotiations, we recommend the following three steps of a mutual-gains approach to negotiations: … Read More
Courses and Training
Negotiation Workshop: Improving Your Negotiating Effectiveness
Too many negotiators leave value on the table. They painfully divide a small pie after a costly battle while failing to capture offsetting opportunities for joint gain, or win the battle, but at the cost to relationships and reputation that limit long-term value. Reliably negotiating optimal outcomes requires a keen appreciation of the negotiation process, … Read More
Martti Ahtisaari And The Helsinki Accords
Free Report
Crisis Communication: How to Avoid Being Held Hostage by Crisis Negotiations
In this free special report negotiation experts offers advice on how to turn crisis situations into collaborative negotiations. Throughout the report, you will discover how to apply the lessons of professional hostage negotiators, avoid disasters through careful planning, diffuse tensions with angry members of the public, and break through impasse with open communication. … Read More
Ethics in Business Negotiations and in Leadership: How Collusion Limits Value Creating Opportunities
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. … Read More
Courses and Training
Advanced Negotiation Workshop: Making Difficult Conversations More Productive
When negotiations become difficult, emotions often escalate and talks break down. To overcome barriers and turn negotiations from difficult to collaborative, from breakdown to breakthrough, you must learn to understand the inter- and intra-personal dynamics at play. In this program, you will examine how your own assumptions and behaviors can help create and perpetuate negotiation … Read More
Negotiating Life
Jeswald Salacuse Arguing that life is really a series of negotiations, deal making, and diplomacy, Salacuse gives readers the tools to make the most of any situation. … Read More
Free Report
The New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation
This report reveals how wise negotiators extract unexpected value using an indirect approach to conflict management. An aggressive management style can set you up for repeated failure. Direct conflict management approaches can be overly combative and counter-productive. Experienced negotiators know that compromise seldom succeeds. Win/lose is really lose/lose. The best negotiation strategy results in … Read More
Essential Negotiation Skills for Effective Negotiation: Limiting Cognitive Bias in Negotiation Scenarios
In past articles, we have highlighted a variety of psychological biases that affect negotiators, many of which spring from a reliance on intuition, and may hinder integrative negotiations. Of course, negotiators are not always affected by bias; we often think systematically and clearly at the bargaining table. Most negotiators believe they are capable of distinguishing … Read More
Courses and Training
Secrets of Successful Dealmaking
In corporate dealmaking, much of the action happens away from the negotiating table. Successful dealmakers understand that deal set-up and design greatly influence negotiation outcomes. In this program, you will examine the legal, tactical, and structural elements of dealmaking and acquire practical skills and techniques for navigating difficult tactics and pursuing interest-based negotiations. Whether you … Read More
Law of Investment Treaties (The)
Jeswald Salacuse In this revised edition, the nature, history, and significance of investment treaties are examined, as well as their impact on international investors and investments, and the governments that are party to them. Recent treaties, trends, and controversy are also discussed. … Read More
Free Report
Dealmaking: Secrets of Successful Dealmaking in Business Negotiations
Discover how to boost your power at the bargaining table in this free special report, Dealmaking: Secrets of Successful Dealmaking in Business Negotiations, from Harvard Law School. … Read More
How to Avoid Intercultural Barriers: A Better Negotiation Map
How often have you heard that, when entering a negotiation, you should get your allies onboard first? Conventional wisdom, but not always the best advice. When the United States sought to build a global anti-Iraq coalition following Iraq's 1990 invasion of Kuwait, for instance, Israel appeared to be its strongest regional ally. … Read More
Courses and Training
Negotiation and Leadership: Dealing with Difficult People and Problems
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
Getting To Yes With Yourself
William Ury Selected by TIME as one of the best negotiation books of 2015 … Read More
Free Report
Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator
Students who master business negotiation become better leaders. But it starts with building the right skills. And that's where our latest free report comes in. In Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, you'll learn: … Read More
Business Negotiation Skills: How to Deal with a Failing Business Partnership
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
Tommy Koh And The United States-Singapore Free Trade Agreement
Free Report
Real Leaders Negotiate: Understanding the Difference Between Leadership and Management
In this FREE special report, we offer advice taken from the Negotiation Briefings newsletter, to help you improve your leadership and negotiation skills. … Read More
BATNA Examples – Resurrecting a Deal at the Negotiation Table
The following question was featured in the "Ask the Negotiation Coach" section of the Negotiation Briefings newsletter, April 2010 issue. Question: What should I do when a negotiation seems to be all about price, I have no BATNA, and the other side knows it? … Read More
Dioxin – Waste to Energy Game
Denise Madigan, Steve Foster, and Lawrence Susskind Six-party, multi-issue negotiation among four scientists, a city representative, and an environmentalist to develop the city's solid waste management strategy; also known as: Dioxin: Resource Recovery. … Read More
Free Report
Sales Negotiation Training: Essential Negotiation Skills for Sales Professionals
In this Special Report, we offer expert advice from the 'Negotiation' newsletter to help you close your most important sales negotiations. … Read More
How Adaptive Leadership Saved a Heavyweight Negotiation
You aren't likely to hear experts advise you to throw a punch in a challenging negotiation, but a recent mega-boxing match shows how adaptive leadership can break the most difficult deadlocks and ensure that you get back in the ring. Champion boxers Floyd Mayweather and Manny Pacquiao took years to negotiate their May 2 match … Read More
Islands of Agreement Managing Enduring Armed Rivalries
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
Free Report
Sally Soprano: Role-Play Simulation
Sally Soprano is a distinguished soprano who is now somewhat past her prime. She has not had a lead role in two years but would like to revive her career. The Lyric Opera has a production scheduled to open in three weeks, but its lead soprano has become unavailable. Lyric's representative has requested a meeting … Read More
Dealing with Cultural Barriers in Business Negotiations
If you negotiate regularly on the job, you probably have engaged in multiple business negotiations with counterparts from other cultures. Negotiating across cultures can significantly expand your organization's reach and bring great rewards. Yet negotiating cross-culturally also can pose challenges, such as these. … Read More
Hydropower In Santales
Jennie Hatch under the supervision of Lawrence Susskind Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based energy development … Read More
Free Report
Win-Win or Hardball: Learn Top Strategies from Sports Contract Negotiations
In this Special Report, we offer advice from the world of sports, taken from the Negotiation newsletter, to help you navigate your most important negotiations. You will learn to get your head in the game, manage team dynamics, and get a competitive edge. … Read More
Dealmaking: Relationship Rules for Dealmakers
Here are some concrete guidelines for fostering a strong relationship between deal making partners, drawn from The Global Negotiator: Making, Managing, and Mending Deals Around the World in the 21st Century, by Tufts University professor Jeswald W. Salacuse. … Read More
Negotiating with the Ministry of Health
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
Negotiation Examples in Real Life: Bargaining with Friends and Family
Who achieves the best negotiated agreements: strangers, friends, or romantic partners? In a 1993 negotiation role-play simulation, Margaret Neale of Stanford University and Kathleen McGinn found that pairs of friends achieved higher joint gains than married couples and pairs of strangers. … Read More
Negotiating with Another Federal Agency
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
Adversarial Negotiation, Mediation, and Business Negotiations: The Advantages of a Neutral Third-Party Mediator in Dispute Resolution Scenarios
What role does a mediator play in internal negotiations? In this article, mediation in the context of negotiation is discussed with reference to recent findings in negotiation research. … Read More
Flooding and Climate Change Risks in Northam
Seven-person, multi-issue facilitated negotiation among local government, community, business, environmental, and engineering representatives trying to reach agreement on a strategy for managing climate change risks in a small coastal city … Read More
Environmental Negotiations and 15 Things About Environmental Dispute Resolution
Here are 15 things about environmental dispute resolution that MIT professor and expert on environmental disputes and Program on Negotiation faculty member Lawrence Susskind published on the Consensus Building Approach blog. … Read More
Coastal Flooding in Shoreham
Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a medium-sized coastal community … Read More
7 Tips for Closing the Deal in Negotiations
"ABC: Always Be Closing." That's the sales strategy that actor Alec Baldwin's character Blake shared in the 1992 film Glengarry Glen Ross as he tried to motivate a group of real estate salesmen. In his verbally abusive, profanity-laced speech, Blake presented a ruthless model of closing a business deal that ignores customers' needs and cuts … Read More
Coastal Flooding and Climate-Related Risks in Launton
Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a small, beachfront community. … Read More
Case Study: Teaching with a Powerful Negotiated Agreement
What do a Nobel Peace Prize recipient, the CEO of an international financial advisory firm, and the former United States ambassador to the United Nations have in common? They've all received the Great Negotiator Award. Every year, the Program on Negotiation at Harvard Law School bestows this prestigious honor on distinguished leaders whose lifelong accomplishments in … Read More
Flooding in Milton
Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a mid-size coastal city. … Read More
Why is Negotiation Important in Business? Salary Negotiations and Setting Standards at the Negotiation Table
Why is negotiation important in business? As the starting point from which all commercial transactions occur, from purchasing equipment to setting salaries, negotiation in business is an essential skill no matter what field a negotiator finds herself. Using an objective standard can strengthen your proposal and eliminate emotional bias. In this article, the author illustrates … Read More
Negotiation of Rabbi Ben Newman's Employment Contract, The
Three party, single-issue negotiation of a rabbi's employment contract … Read More
10 Top Business Negotiation Case Studies from 2013
Looking back on the past, 2013 witnessed a series of colorful mergers, acquisitions, and other deals. Here are the 10 top negotiations and negotiation trends of that year from which business dealmakers can learn. … Read More
Canada-China Panda Acquisition Negotiation
Stephen Weiss Two-team (6 person), multi-issue contract negotiation between Canadian zoo CEOs and representatives of Chinese organization responsible for giant panda loans … Read More
Impact of Leadership Styles on a Negotiation: Bargaining at a Fever Pitch
Have you ever won an auction only to realize later that you overbid for the prize? In competitive bidding situations, it's easy to get carried away in the heat of the moment and overpay. The Boston Red Sox 2006 procurement of Japanese pitching phenomenon Daisuke "Dice-K" Matsuzaka offers a lesson in keeping cool in these … Read More
The Art of Negotiation
Program on Negotiation faculty member and Harvard Business School professor Michael Wheeler brings you a new, next-generation approach to negotiation. Michael Wheeler's new book, The Art of Negotiation, demonstrates that the best negotiators are adept at managing chaos and uncertainty and rarely trap themselves with rigid plans and entrenched positions. Understanding that negotiation is a process … Read More
Exercising Its BATNA, American Apparel Ousts Dov Charney
On June 18, the board of retailer American Apparel informed the company's controversial founder, Dov Charney, that it was ousting him from his roles as chairman and CEO. For years, Charney had fended off sexual-harrassment lawsuits and rumors of inappropriate behavior. But only when the company's creditors grew anxious about its long-term liability did the … Read More
What To Do With Hexiglass?
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
Conflict and Negotiation Case Study: Long-Term Business Partnerships and Negotiated Agreements
To protect the future interests of their organization, negotiators sometimes must accept fewer benefits or absorb greater burdens in the short run to maximize the value to all relevant parties – including future employees and shareholders – over time. Suppose that the operations VPs of two subsidiaries of an energy company are preparing to negotiate the … Read More
Win As Much WATER As You Can!
Catherine Ashcraft Four-person, scoreable, prisoner's dilemma game where players decide how to handle low water levels in 10 quick rounds; an adaptation of the case "Win As Much As You Can." … Read More
Why is Negotiation Important: Mediation in Transactional Negotiations
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial. … Read More
Civic FusionMediating Polarized Public Disputes
By Susan L. Podziba. Civic fusion is when people bond to achieve a common public goal, even as they sustain deep value differences. This book offers proven strategies for moving polarized parties to consensus solutions based on the author's 25 years of mediation experience, including working with pro-life and pro-choice leaders after fatal shootings at … Read More
Win-Win Negotiations: Should You Consider a Deal Sweetener?
The following question was asked of Andrew Wasynczuk, MBA Class of 1953 and Senior Lecturer of Business Administration Harvard Business School in the Negotiation Briefings monthly "Ask the Negotiation Coach" column: I run a midsized retail sports-apparel chain located in the southwestern United States. I've been searching for a seasoned executive to lead new store expansion … Read More
Finn River Basin
Danya Rumore, Anjali Lohani, and Mubarik Imam Seven-party, seven-person, multi-issue negotiation game involving a dispute over inter-provincial water allocations. It explores issues of prediction and monitoring, water sharing, and the environmental adequacy of water flows. … Read More
When Dealing with Difficult People, Try a Complementary Approach
To hear businessman and Republican presidential candidate Donald Trump tell it, the United States under President Barack Obama has bungled one negotiation after another on the global stage due to an inability to stand firm and take tough stances on key issues when engaging in difficult conversations. … Read More
Negotiating About Pandas for San Diego Zoo
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 Does Mediation Work in a Lawsuit? Negotiation Research Sheds Light on Mediated Agreements and Negotiated Settlements
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
Papers on International Environmental Negotiation, Volume 18: The Next Generation of Environmental Agreements (2011)
Papers on International Environmental Negotiation, Volume 18: The Next Generation of Environmental Agreements (2011)
"Introduction," by Lawrence Susskind "Expanding the Role and Function of Science Advisory Panels: A New Way to Bridge Science and Policy in Environmental Treaty Regimes," by Mona Funiciello "Toward an International Geoengineering Agreement: The Promises (and Pitfalls) of Negotiating a Convention on Global Climate Interventions," … Read More
How to Negotiate in Cross-Cultural Situations
Figuring out how to negotiate in cross-cultural situations can seem like a daunting endeavor, and for good reason. Negotiating across the cultural divide adds an entire dimension to any negotiation, introducing language barriers, differences in body language and dress, and alternative ways of expressing pleasure or displeasure with the elements of a deal. As a … Read More
Water Diplomacy
Shafiqul Islam and Lawrence E. Susskind In this book, the authors show how open and constantly changing water networks can be managed successfully using collaborative adaptive techniques to build informed agreements among disciplinary experts, water users with conflicting interests, and governmental bodies with countervailing claims. … Read More
5 Good Negotiation Techniques
You've mastered the basics of good negotiation technique: 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
Papers on International Environmental Negotiation, Volume 10: Reforming the International Environmental Treaty-Making System (2001)
Papers on International Environmental Negotiation, Volume 10: Reforming the International Environmental Treaty-Making System (2001)
"A Declaration on Transnational Relief and a Code of Conduct in Cases of Environmental Emergency: A New Proposal," by Naoki Maegawa
"A Proposed International Framework Convention on Bioinvasive Species," by Wendy Jastremski
"Addressing North-South Power Asymmetry in International Environmental Negotiations," by Robert Blair
"Capacity-Building Strategies in Support of … Read More
Dealing with Difficult People and Negotiation: When Should You Give Up the Fight?
Negotiators often fail to recognize when it's time to walk away from a dispute – a trap that can squander time, money, and reputations. Receive tens of millions of dollars in a mediated settlement, and you might rightly think you scored a victory. But if Tyler and Cameron Winklevoss felt triumphant after winning $65 million from Facebook … Read More
Papers on International Environmental Negotiation, Volume 15: Ensuring a Sustainable Future (2006)
Papers on International Environmental Negotiation, Volume 15: Ensuring a Sustainable Future (2006)
"Introduction," by Lawrence E. Susskind and William R. Moomaw "ASEAN Energy Cooperation: An Opportunity for Regional Sustainable Energy Development," by Phinyada Atchatavivan
"Engaging Non-Governmental Organizations with International Environmental Negotiations: Institutional Approaches to Reforming State-NGO Interactions," by Beaudry E. Kock
"Gender and International Environmental Negotiations – How Far … Read More
A Win Win Negotiation Case Study Using Mind Mapping Negotiation Skills
A win win negotiation case study using mind mapping to discover your counterpart's interests for collaborative, integrative negotiations can occur. … Read More
Papers on International Environmental Negotiation, Volume 16: Enhancing the Effectiveness of the Treaty-Making System
Papers on International Environmental Negotiation, Volume 16: Enhancing the Effectiveness of the Treaty-Making System (2007) This volume is available in print. Click here to order.
"Introduction," by Lawrence E. Susskind and William R. Moomaw
"A Process and Implementation Protocol to the UNFCCC," by Jonathan Phillips
"Building Adaptive Capacity into Transboundary Water Regimes," by Anna Schulz
"Capacity Building and a … Read More
What is Anchoring in Negotiation?
What is anchoring in negotiation, and how does it play out? Consider this anchoring bias example from Harvard Business School and Harvard Law School 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 … Read More
Prioritizing Climate Change Adaptation Measures
Elizabeth Fierman under the supervision of David Fairman, David Plumb, Lawrence Susskind, Philip Angell, and Kelly Levin Eight-party negotiation (with option for a ninth person facilitator) regarding climate change issues in a situation loosely based on the situation in Viet Nam. … Read More
Leadership Styles in Negotiation: The Case of Ebay and Paypal
Burdened by years of nonstop acquisitions, an increasing number of tech companies are finding out that it can be better to do one thing well than to try to offer as many services as possible. Splitting up a company that has taken on too much, however, takes expert leadership skills. Last month, eBay CEO John … Read More
Indigenous Rights and the Environment in Latin America
Note: Purchase of the teacher's manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Indigenous Rights and the Environment in … Read More
Managing Difficult Employees—Like Alex Rodriguez?
What negotiation strategies should employers use when dealing with difficult employees? Conflict management strategies and negotiation skills go hand in hand as this negotiation example about New York Yankees' star baseball player Alex Rodriguez demonstrates. … Read More
Religion and Nationalism in Northern Ireland
Note: Purchase of the teacher's manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Religion and Nationalism in Northern Ireland curriculum … Read More
How to Overcome Cultural Barriers in Communication – Cultural Approximations of Time and the Impact on Negotiations
Negotiators often ask about negotiation strategies about how to overcome cultural barriers in communication in international negotiation scenarios. This article offers advice drawn from the latest negotiation research on international negotiations. … Read More
Papers on International Environmental Negotiation, Volume 13
Lawrence E. Susskind, William Moomaw, and Nancy J. Waters, eds. … Read More
Star Wars Stories: George Lucas and a Strong BATNA, Passed Over
In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. When you are aware that you have an appealing alternative deal to the one you're working on, you will be less tempted to accept an agreement that doesn't meet your minimum requirements. A strong BATNA gives you … Read More
Papers on International Environmental Negotiation, Volume 12 Negotiating a Sustainable Future: Innovations in International Environmental Negotiations
William R. Moomaw, Lawrence E. Susskind, and Kristen Kurczak … Read More
Negotiation Games
Going to trial, it's said, is like rolling the dice. That proved true in June 2006, when an exasperated federal judge, the Honorable Gregory A. Presnell, ordered litigants to play a game of Rock Paper Scissors if they could not privately resolve their differences over a procedural issue. The lawyers were stalemated on where to … Read More
Papers on International Environmental Negotiation, Volume 11 Emerging Issues on the Global Environmental Frontier
Lawrence E. Susskind, William Moomaw, and Teresa L. Hill, eds. … Read More
Arbitration vs Mediation: Teambuilding, ADR, and Using Negotiation Examples from Real Life
Learn former US Secretary of State James Baker's techniques for managing conflict and pushing forward with a team in multiparty negotiations. … Read More
Papers on International Environmental Negotiation, Volume 08 New Directions in International Environmental Negotiation
Lawrence E. Susskind and William Moomaw, eds. … Read More
Announcing the 2016-2017 PON Graduate Research Fellows
The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with PON's goal of fostering the development of the next generation of scholars, this program provides support for one year of dissertation … Read More
Papers on International Environmental Negotiation, Volume 07 Global Environment: Negotiating Its Future
The seventh in the International Environmental Paper Series is divided into three sections. The first proposes global agreements which can be reached in the areas of nitrogen emissions, "common heritage" resources, and the development of renewable energy technologies. The second section proposes two separate environmental management plans that share in common some important principles: the emphasis … Read More
How to Find the ZOPA in Business Negotiations
In business negotiation, two polar-opposite errors are common: reaching agreement when it wouldn't be wise to do so, and walking away from a mutually beneficial outcome. How can you avoid these pitfalls? Through careful preparation that includes an analysis of the zone of possible agreement, or ZOPA. The agreement trap The "agreement trap" describes the tendency to agree … Read More
Papers on International Environmental Negotiation, Volume 06 Innovations in International Environmental Negotiation
Lawrence E. Susskind, William Moomaw, and Teresa L. Hill … Read More
Techniques for Leading Multiparty Negotiations: Structuring the Bargaining Process
Imagine leading negotiations involving representatives from most of the world's nations on a contentious topic such as sustainable development. Where would you start? How would you proceed when conflict emerged? How would you know when it was time to wrap things up? These are some of the questions that Ambassador Tommy Koh has faced over the … Read More
Papers on International Environmental Negotiation, Volume 05
William R. Moomaw, Lawrence E. Susskind, and Janet L. Sawin, eds. … Read More
How to Practice Interests-Based Leadership
Why should the people you're supposed to lead follow you? If you believe that your charisma, your exalted office, or your vision is reason enough, you're in trouble. While these qualities may affect how others relate to you, the unvarnished truth is that other people will follow you when they judge it's in their best interest to … Read More
Papers on International Environmental Negotiation, Volume 02 International Environmental Treaty Making
Lawrence Susskind, Eric Dolan and J. William Breslin … Read More
Arbitration vs Mediation and the Conflict Resolution Process in Alternative Dispute Resolution (ADR)
Arbitration, mediation, and the dispute resolution process – how negotiators can effectively use alternative dispute resolution (ADR) conflict management and conflict resolution techniques to resolve disputes, repair relationships, and find opportunities for value creation at the bargaining table. It's often the case that when two people or organizations try to resolve a dispute by determining who … Read More
An Actual Small Claims Mediation
Bruce Patton … Read More
For Paris Climate Accord, April 22 Marks Moment of Truth
The global climate change accord talks are some of the most interesting negotiations to have taken place in the past year. This article examines the at-the-table issues the negotiators faced with China and other world leaders in attempting to forge a negotiated agreement on climate change. … Read More
Jeswald W. Salacuse, Arun Venkataraman, and Fritz von Carp … Read More
Impact of Leadership Styles on Strategic Decisions: Taylor Swift and Apple Music at the Negotiation Table
Taylor Swift's leadership skills take a bite out of Apple in a showdown over the company's new music-streaming service, Apple Music. … Read More
Charlene Barshefsky – Negotiating a Trade Agreement with China
James K. Sebenius and Rebecca Hulse … Read More
Integrative Bargaining Examples: Expanding the Pie – Integrative versus Distributive Bargaining Negotiation Strategies
Imagine that you're buying a used car from its original owner. Of course, you want to get the best deal you can for your money, while your counterpart wants to maximize the value of his asset. After haggling with one another, each side finally arrives at a price point acceptable to both parties. But how … Read More
Lakhdar Brahimi – Negotiating a New Government for Afghanistan
James K. Sebenius and Kristin Schneeman … Read More
What is BATNA? How to Find Your Best Alternative to a Negotiated Agreement
In dealmaking, knowing your BATNA is the first step to claiming value and effective negotiation strategy. Learn how BATNAs work in negotiation examples from real life, along with advice on negotiation techniques to use at the bargaining table. … Read More
Mariyinsky Palace Negotiations, The
Jason Campbell, with Anika Binnendijk and Andrew Wilson … Read More
Negotiation Research Examines Ethics in Negotiating Scenarios
A lack of transparency regarding negotiations between hospitals and the insurers known as preferred provider organizations, or PPOs, is a key contributor to spiraling health-care costs in the United States, according to an August article in the New York Times. The problem starts with the somewhat arbitrary, sky-high prices that hospitals put on their supplies and … Read More
Monroe Energy Assistance Game II
Jeffrey B. Litwak and Lawrence Susskind … Read More
Mediation vs Arbitration – The Alternative Dispute Resolution Process
Mediation vs arbitration and preferences for dispute resolution systems – why is ADR consistently less popular than the courts? Negotiation research from J. Maurits Barendrecht and Berend de Vries of the Faculty of Law at Tilburg University helps explain this. … Read More
Negotiating a Template for Labor Standards The U.S.-Chile Free Trade Agreement
Leonard Bierman and Jason Campbell … Read More
Negotiation and Leadership Skills: Jerry Brown Re-Frames a Deal at High Speed
Negotiation skills and leadership techniques often go hand-in-hand in creating win-win deals for negotiators and their counterparts. In trying to fund the US' first-ever high-speed rail line in California, Democrat Jerry Brown has employed a variety of different negotiation strategies and leadership styles to bring the parties to the table to work towards an agreement. … Read More
Probation Games
Lawrence Susskind and Susan Podziba A set of three simulations developed for and used in training court probation officers in negotiation techniques. … Read More
In Acrimonious Disputes, Conflict Management is Key
Parties to a business dispute often become so focused on beating the other party that they lose sight of their most important goals. Conflict management efforts can be even more intense and seeming insurmountable between estranged romantic partners with a history of acrimony and distrust. Consider rock star Madonna's ongoing legal dispute with her ex-husband, film … Read More
Negotiating in Today's WorldSuccessful Deal Making at Home and Abroad
Jeswald W. Salacuse A comprehensive video-based seminar featuring Professor Jeswald Salacuse, a leading authority on global deal making … Read More
BATNA Negotiation Examples – Brinksmanship While Negotiating
The dangers of 'take-it-or-leave-it' deal proposals and your BATNA – Negotiation Coach Ian Larkin, Harvard Business School professor, explains why. … Read More
Oil Pricing Exercise
Roger Fisher Two-team, scoreable, multiple round, "prisoner's dilemma"-style negotiation between representatives of two countries over the monthly price for barrels of oil. … Read More
Negotiation Topics in Business: Understanding Exclusive Negotiation Periods
The clearest method for achieving exclusivity is an exclusive negotiating period, during which both sides agree not to talk to third parties, even if approached unexpectedly by others. In some arenas, these terms are called no-talk periods. … Read More
Sarah Hammitt and Jessica Artiles under the direction of Professor Lawrence Susskind An eight-party, environmentally-focused role-play simulation, Flooding deals with an investment firm that is in the final stages of a multi-year planning process for a large, riverside mixed-use development. FEMA recently updated Evantown's Flood Insurance Rate Map and the development falls within the 100-year floodplain. … Read More
How a Bad BATNA Keeps Medicare Drug Prices High
Republican presidential candidate Donald Trump disagrees with his Democratic competitors, Hillary Clinton and Bernie Sanders, on most political issues. But on the issue of prescription drug prices under Medicare, Trump agrees with Clinton and Sanders that the U.S. government is getting a lousy deal. Recently, Trump, Clinton, and Sanders have all called for the government to … Read More
Working It OutA Handbook on Negotiation for High School Students
A 27-page handbook designed to introduce high school students to problem-solving, interest-based negotiation … Read More
Definition of Mediation and the Mediation Process: The Impact of Lawyers on Alternative Dispute Resolution (ADR)
Negotiation research into the affect lawyers had on the process of mediation shows that the dynamics of mediation do change when lawyers are present at the bargaining table. … Read More
Mediator Responsibility and Accountability in Public Disputes
Lawrence Susskind An educational video for mediators or mediation students regarding mediator responsibility when parties have unequal knowledge, skills or power … Read More
BATNA Negotiation Example: Find Your Best Alternative to a Negotiated Agreement and Create Value in Integrative Negotiations
Here's a sobering BATNA negotiation example. On Oct. 31, 2013, Time Warner Cable reported a huge quarterly loss of television subscribers, the largest in its history: 306,000 of its 11.7 million subscribers dropped the company, the New York Times reported. … Read More
HackerStar Negotiation, The
Morgan Guaranty Trust Company Realistic video depicting the use of principled negotiation to prepare for and negotiate a bitter business dispute, featuring Getting to YES co-author Roger Fisher … Read More
Leadership Styles: Body Language in the Negotiation Process and the Impact of Gender at the Bargaining Table
The importance of building rapport at the bargaining table, and effective body language to that end, has been documented in numerous negotiation research studies. New research reveals that chatting to build rapport may benefit one gender over the other and sheds light on the effect of gender on the negotiation process. … Read More
Great Negotiator 2004: Ambassador Richard Holbrooke
Edited by James K. Sebenius and Ellen Knebel Video featuring Ambassador Richard Holbrooke discussing his role brokering the Dayton agreement that ended the 1992-95 war in Bosnia as well as his role in resolving the multinational dispute over U.S. dues owed in arrears to the United Nations … Read More
Using Mediation to Resolve International Disputes
As businesses increasingly branch out globally, they also face the possibility of broken contracts and strained relationships. Mediation can be an effective means of resolving disputes and getting business partners back on track, but do intercultural differences complicate the process? If so, how can disputants and mediators adjust? Elizabeth D. Salmon of the University of Maryland … Read More
Great Negotiator 2003: Stuart Eizenstat
Edited by James K. Sebenius Video featuring excerpts from a discussion with Stuart Eizenstat regarding his efforts negotiating reparations for victims of Nazi Germany … Read More
Negotiation Techniques from International Diplomacy: Lessons for Business Negotiators
What can diplomacy teach negotiators about bargaining with counterparts in global negotiations? The two fields of negotiation and diplomacy share many commonalities – the creation and maintenance of working relationships among them. What negotiation techniques can negotiators get from the world of diplomacy to create value and claim value with international negotiators. … Read More
Deliberative Democracy Meets Dispute Resolution Reflections and Insights from the 2005 Workshop on Deliberative Democracy and Dispute Resolution, Cambridge, Massachusetts
Carri Hulet (producer), under the supervision of Lawrence Susskind Highlights of dialogue from a two-day workshop on deliberative democracy and dispute resolution approaches to civic engagement … Read More
Integrative Negotiation Examples: Effective Anchors as First Offers
Reduce risk at the bargaining table with these integrative negotiation examples of using effective anchors as first offers in negotiation to define the zone of possible agreement (ZOPA). … Read More
Resolving Environmental Regulatory Disputes
Rules and regulations set by government agencies are meant to protect the environment, but they often impose hardships on the very companies and communities they are designed to protect. These groups then seek to minimize the losses through long and costly litigation. In this volume, professors Susskind, Bacow and Wheeler offer an alternative to expensive and … Read More
The Difficulty of Achieving a Win-Win Negotiation Outcome: Negotiations with Iran
In a negotiation, it may help to signal to your counterpart your willingness to engage in bargaining aimed at creating a win-win outcome for both parties. … Read More
Power of a Positive No (The)How to Say No and Still Get to Yes
From the coauthor of Getting to YES, a simple yet powerful three-step method for saying No firmly and effectively, without destroying relationships … Read More
Negotiation Research on Mediation Techniques: Focus on Interests
Mediators that focus on interests in conflict resolution mediation sessions tend to resolve conflicts much more effectively than mediators who focus on rights and positions in mediation sessions. … Read More
Point of the Deal (The) How to Negotiate When Yes Is Not Enough
A practical explanation of how to transition from a deal-maker mentality (focusing on making the agreement) to an implementation mindset (ensuring the deal generates value for your company after the ink on the contract has dried) … Read More
BATNA Negotiation: Dealing with Difficult People Like Uninformed Negotiators
Knowing your counterpart's negotiating authority, relative expertise, and your own BATNA in negotiations can help you secure the most value for your organization at the bargaining table. … Read More
Papers on International Environmental Negotiation Series
An annual compilation of research papers addressing a range of transboundary environmental negotiation issues … Read More
Negotiation Skills in Business Communication: Types of Power in Business Negotiation and Status Consciousness
How status and perceptions of power affect negotiator behavior in business negotiations and dealmaking … Read More
New Sovereignty (The)Compliance with International Regulatory Agreements
In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard … Read More
Modest Goals Gave Hope to Syria Peace talks
In international negotiations and other complex multiparty negotiations, should you set ambitious goals right from the start or begin with more modest ones? Aiming high can lead to dramatic payoffs if you succeed, but the difficulty of orchestrating complicated international negotiations can increase the risk of impasse. By contrast, starting with more modest goals may suggest … Read More
Negotiation Strategies for Mutual Gain
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
Advanced Negotiation Strategies and Concepts: Identify Your Negotiation Style
Have you ever wondered if your negotiating style is too tough or too accommodating? Too cooperative or too selfish? You might strive for an ideal balance, but, chances are, your innate and learned tendencies will have a strong impact on how you negotiate. Wise negotiators seek to identify these tendencies and enhance them according to … Read More
Negotiating Rationally
On the basis of their studies of the negotiation behavior of more than 10,000 executives and students over the past five years, Bazerman and Neale conclude that most managers tend to behave irrationally in negotiations. In this book they explore many of the common mistakes that negotiators often make, explaining how such irrational errors can … Read More
The Advantages of Bias at the Negotiation Table
Sometimes you can use bias to your advantage at the negotiation table. Here are some examples of negotiation in business demonstrating the power of bias … Read More
Negotiating Environmental Agreements How to Avoid Escalating Confrontation, Needless Costs, and Unnecessary Litigation
When business leaders, government officials, and other stakeholders come to the table in an environmental, health, or safety dispute, acrimony often results, leading to expensive and time-consuming litigation. Not only does this waste precious resources, but rarely does the process produce the best outcome for any of the parties involved. For the past five years, the … Read More
Win-Win Negotiations: Trapped in a Competitive Cycle? Learn from Congress's Mistakes
The U.S. Senate's struggle to pass truly bipartisan financial reform reveals ways negotiators can overcome suspicion and enhance cooperation. Initially, the partnership seemed promising. Senator Christopher Dodd, a Connecticut Democratic, hoped to cap his 29-year congressional career with a bipartisan financial regulation bill. Senator Bob Corker, a freshman Republican from Tennessee and member of Dodd's Senate … Read More
Multiparty NegotiationFour-Volume Set
This comprehensive four-volume collection on multiparty negotiation brings together nearly 100 classic works and cutting-edge papers from law, international politics, organization studies and public administration … Read More
A University Negotiates Accusations of Autocratic Leadership
While not always popular with employees, there are countless situations where running an organization with an autocratic leadership style can be valuable at the right moment. When the Suffolk University Board of Trustees announced in January that they would sever University President Margaret McKenna's contract after only eight months, however, Board Chairman Andrew Meyer, Jr. … Read More
Manager as Negotiator (The)Bargaining for Cooperation and Competitive Gain
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
Negotiation Examples to Help You Become a Better Mediator
When opposing parties cannot come to a satisfactory resolution, a strong mediator can make all the difference. By effectively examining the issues at hand and helping parties identify creative solutions, a well-trained mediator builds consensus where there once was none. To help professionals learn the art of mediation, the Program on Negotiation's Teaching Negotiation Resource Center … Read More
Making Global DealsWhat Every Executive Should Know About Negotiating Abroad
Picking up where other negotiation books leave off, this practical, incisive handbook shows executives, lawyers, and government officials how to survive and thrive in today's highly competitive international marketplace. Making Global Deals explains how to overcome the obstacles-the instability of the international marketplace and differences in culture, ideology, law, politics, and currencies-and come out on top … Read More
How to Learn Negotiation Skills and Become a Negotiation Master
Become a negotiation jujitsu master at the bargaining table today with these negotiation strategies from the classic "Getting to Yes," by Roger Fisher and William Ury. … Read More
Handbook of Dispute Resolution (The)
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
How to Renegotiate a Bad Deal
Many viewed the deal to be a terrible one from the start. In December 2008, Richard M. Daley, then Chicago's mayor, announced that his administration had agreed to lease the city's parking meters for 75 years to a private company for nearly $1.2 billion in an attempt to tackle a budget shortfall of about $500 … Read More
Getting to YES Negotiating Agreement Without Giving In
A straightforward, universally applicable method for negotiating personal and professional disputes without getting taken-and without getting angry. … Read More
Employee Mediation Techniques – Resolve Disputes and Manage Conflict with These Mediation Techniques
Mediation and alternative dispute resolution methods have some useful insights concerning employee mediation techniques for conflict management and dispute resolution in the workplace … Read More
Getting Ready to Negotiate The Getting to YES Workbook
The companion volume to Getting to Yes — an essential, easy-to-use workbook on effective negotiating. Getting Ready to Negotiate
The first workbook to illustrate the process described in the extraordinary bestseller, Getting to Yes.
Designed to help the beginner as well as the seasoned pro prepare for every type of negotiation.
Use the book as a refresher course on … Read More
Navigating Business Relationships Using Negotiation
A three-year dispute between Starbucks and Kraft Foods over distribution of Starbucks packaged coffee in grocery stores was resolved on November 12 when an arbitrator determined that Starbucks had breached its agreement with Kraft and ordered the coffeemaker to pay the food giant $2.75 billion. … Read More
Environmental Diplomacy
Lawrence Susskind & Saleem Ali … Read More
What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
Suppose that in each case, the parties and their lawyers have exhausted their attempts to negotiate a resolution on their own. They're ready for outside help in ending their dispute, yet they don't know where to turn. When it comes to dispute resolution, we now have many choices. Understandably, disputants are often confused about which process … Read More
Dividing the Child Social and Legal Dilemmas of Custody
Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin consider these questions and their ramifications for society. This book examines the social and legal realities of how divorcing parents make … Read More
For NFL Players, a Win-Win Contract Only in Retrospect?
How did the NFL Players association and team owners come to an eventual win-win negotiated agreement? In this article we explore the strategies each side used to get to an integrative solution even if that was not the ultimate goal. … Read More
Challenging Conflict
Gary Friedman … Read More
Dealmaking: Don't Wait for Them to Blink
Adapted from "Negotiators: How You Can Avoid Striking Out," first published in the December 2012 issue of Negotiation. In labor disputes, negotiators on both sides are likely to overestimate the odds that the other side will view their proposals as fair. In fact, however, self-serving perceptions of what constitutes a fair settlement can cause negotiators to … Read More
Breaking the Impasse Consensual Approaches to Resolving Public Disputes
Drawing on his experience in the MIT-Harvard Public Disputes Program, a leading mediator and his co-author provide the first jargon-free guide to consensual strategies for resolving public disputes-indispensable to citizen activists and to business and government leaders. "A complement to Getting to Yes . . . shows how parties involved in public disputes over housing projects, … Read More
Negotiation Skills in Business Communication: Seeking Advice from Others
Seeking advice from others is one of the most important negotiation skills in business communication that integrative negotiators can develop. … Read More
Beyond Winning Negotiating to Create Value in Deals and Disputes
Winner of the 2000 CPR Award for Excellence in ADR (Outstanding Book Category) … Read More
Negotiation Exercises Designed To Help Settle Workplace Conflict
From brokering a deal to negotiating a sale, there are many disputes that happen at work. Among the most challenging are those involving employers and employees. That's the case with Binder Kadeer: Consultation in the Company, a negotiation exercise brought to you by the Program on Negotiation's Teaching Resource Center (TNRC). … Read More
Beyond Reason
Roger Fisher and Daniel Shapiro Winner of the 2005 CPR Award for Excellence in ADR (Outstanding Book Category). Practical and straightforward advice to use emotions to turn a professional or personal disagreement – big or small – into an opportunity for mutual gain. … Read More
Negotiation Skills and Negotiation Training – Techniques and Strategies for Improving Your Negotiating Ability
How to monitor your negotiation skills progress and improve your negotiating ability through methods augmented with the latest in negotiation research. … Read More
3-D Negotiation Powerful Tools to Change the Game in Your Most Important Deals
A path-breaking introduction to the "three dimensions" of complex negotiated deal-making: table tactics, deal design, and the crucial but often overlooked dimension of setup … Read More
"Chasing Heroin" with Situational Leadership and Negotiation
Across the country, America's leaders are waging a highly-publicized battle against a raging heroin epidemic. "Chasing Heroin," an investigative report by Frontline, recently shed light on responses to the crisis, which currently contributes to over 27,000 opiate overdoses nationwide each year. What reporters found is that the best methods for combatting the problem have come … Read More
You Can't Enlarge the Pie Six Barriers to Effective Government
When they learn how to negotiate and solve problems, students in management schools are taught two things. First, they are to look for and recognize any cognitive biases that may be affecting their own decisions about possible solutions. Second, in any disagreement, they are to seek out "wise tradeoffs": resolutions that minimize the costs and … Read More
Top Negotiation Case Studies in International Negotiations from Business and Global Politics
Here is a list of the best negotiation case studies from international diplomacy, politics, and business for the year 2013. … Read More
Consensus Building Handbook A Comprehensive Guide to Reaching Agreement
Winner of the 1999 CPR Award for Excellence in ADR (Outstanding Book Category) … Read More
Negotiation Techniques for Predicting a Negotiator's Decisions
Improving your negotiation skills and refining your negotiation techniques requires you to be able to predict your negotiation behavior in order to create value and improve your outcomes at the bargaining table over the long run. … Read More
Built to Win Creating a World-Class Negotiating Organization
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
How Principal Agent Theory Works in Business Negotiations: Dealmaking Strategies for Bargaining with Agents
Negotiating with principals or with their agents involves different negotiation tactics and negotiation techniques. Read how to effectively use agents in negotiation scenarios based on findings from negotiation research. … Read More
Bargaining with the Devil When to Negotiate, When to Fight
Robert Mnookin offers practical advice for the most challenging conflicts — when you are facing an adversary you don't trust, who may harm you, or who you may even feel is evil. … Read More
Negotiation in Business Without a BATNA – Is It Possible?
In a negotiation scenario, you always have a best alternative to a negotiated agreement. Negotiation research and negotiation strategy helps negotiators find their BATNA, leverage it at the bargaining table, and illustrates the impact that knowing your BATNA has on a negotiation. … Read More
Culture and Negotiation
Culture-along with many other variables-often affects international negotiations. Culture and Negotiation offers a unique contribution by focusing on the distinctive impact of culture, both in creating unexpected opportunities for dispute settlement and in imposing obstacle to agreement. Part I presents expert views on the nature and limits of culture's influence on negotiation. Part II comprises … Read More
In Renegotiation with Britain, EU Faced Weak BATNA
How David Cameron's Tory government's plans to leave the euro-zone have EU ministers scrambling in negotiations with a weak alternative to a negotiated agreement. … Read More
World Trade Center Redevelopment Negotiation
Lawrence Susskind, Katherine Harvey, David Kovick, F. Peter Phillips, Marc Wolinsky, Cathy Cronin Harris, and Simeon Baum Six-person facilitated negotiation among representatives of the city, state, developer, insurer, and victims' families regarding the redevelopment of the World Trade Center site following the Sept. 11, 2001 terrorist attacks … Read More
Characteristics of Negotiation Styles: Are You Ready to Negotiate?
Characteristics of Negotiation Styles "Winging it" is a fine approach to life's minor decisions, but in negotiation, it can be disastrous. Follow these three preparation steps and improve your agreements. You set up the contract renegotiation with a key client months ago. You had every intention of gathering a range of information to establish realistic goals and … Read More
Woodstove New Source Performance Standard A negotiated rule-making exercise
Steven Maser Five- or six-person, multi-issue, facilitated negotiation among federal agency, state government, environmental, and industry representatives over the regulation of woodstove emissions; optional sixth role for industry association counsel … Read More
Using Integrative Negotiation Techniques to Close the Deal: Negotiate Conditions to Create Value by Expanding the Pie in Negotiated Agreements
Negotiate conditions to fulfilling the agreement before signing on the dotted line. Learn the importance of fulfillment clauses in dealmaking before and after negotiations. … Read More
Wintertime in Winterville
Jonathan Raab, Sarah McKearnan, Jan Martinez, and Michele Ferenz Four-party negotiation among a federal building manager, the building contracting officer, a local employment agency, and a nonprofit organization regarding the renewal of a janitorial services contract in the context of past service problems … Read More
Win Win Business Negotiations: The Wachovia Buyout
Changing financial and legal conditions can create and destroy wealth in the blink of an eye. How does a negotiator take advantage of such periods of change? During the financial crisis of 2008, Wachovia Corporation found itself looking for a buyer to avoid collapse while the financial industry as a whole was the grips of … Read More
Williams v. Northville
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
Why is Negotiation Important in Business? Your Reputation at the Bargaining Table
In multi-issue negotiations, research suggests that the advantage goes to negotiators with a reputation for collaboration rather than competition. In a series of studies by Catherine H. Tinsley and Kathleen O'Connor, participants were told they would be negotiating with someone who had either a tough reputation, a cooperative reputation, or an unknown reputation. Although this … Read More
Williams Medical Center
Eileen Babbitt and Lawrence Susskind Five-party negotiation among representatives of pharmacists, physicians, nurses, and administrators to develop recommended changes to the drug prescription policy of a large metropolitan teaching hospital … Read More
What Makes a Good Mediator?
What makes a good mediator? And how is it that mediators—who themselves lack any power to impose a solution—nevertheless often lead bitter disputants to agreement? … Read More
John Forester and David Stitzel Three-person, three-issue, integrative, scoreable mediation among representatives of a homelessness task force and a neighborhood group, mediated by a planning department representative, over the terms of a proposed homeless shelter in their suburban town … Read More
The Leadership Skills of Late Night
How late night talk show superstars Jay Leno and David Letterman turned hard-bargaining, tense negotiations into opportunities for themselves and their counterparts. … Read More
Welding Connection
Marjorie Corman Aaron and Jim Lawrence Four-person grievance mediation among counsel for a welding company, a union representative, and a discharged employee over the legitimacy of the discharge, which was based on a positive drug test … Read More
BATNA: Negotiation Skills and Negotiation Tactics Using Negotiation Examples from Real Life
A negotiator's BATNA, negotiating with the knowledge of her best away-from-the-negotiation-table options, is essential information that every effective bargainer seeks to learn about herself, and her counterpart, prior to engaging in negotiations. … Read More
United States v. Dunlop
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
Case Study of Conflict Management and Negotiation – Dealing with an Angry Public
Here are some negotiating skills and negotiation tactics drawn from a case study of conflict management to help negotiators grapple with an "angry public." … Read More
Tulia and Ibad Mediation
William Ury, Ibrahim Ibrahim and Roger Fisher Three-team, multi-issue mediation involving two or more representatives each of the country of Tulia, the country of Ibad, and the Organization of African Unity (O.A.U.) regarding a cease-fire between the two warring countries … Read More
Win Win Negotiation Example: Managing Your Counterpart's Satisfaction
Four win win negotiation examples and the negotiation strategies that helped negotiators achieve them. Arm yourself with these negotiating tips and create a win-win scenario at the bargaining table, every time. … Read More
Three-Party Coalition Exercise
Lawrence Susskind Short three-party scoreable negotiation among representatives of three organizations over the integrative and distributive aspects of a possible 2- or 3-party coalition … Read More
5 Tips for Closing the Deal in Business Negotiations Drawn from Negotiation Case Studies
Here are five tips to help you close the deal in your next business negotiation. … Read More
Theotis Wiley
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
Negotiation Strategies and Salary Negotiations: How to Negotiate for a Higher Salary
A difficult conversation many people encounter in the course of a professional career is that of the dreaded salary negotiations. What negotiation strategies can a bargainer employ to create value in a win-win negotiation scenario and how can she avoid pitfalls in the bargaining process? … Read More
Terminal Lighting Problems
Marjorie Corman Aaron and JAMS/ Endispute Two-party integrative negotiation between a contractor and an airport client regarding the delayed installation of lighting fixtures … Read More
Power in Negotiations: How Effective Negotiators Project Power at the Negotiation Table
Negotiating power generally comes from one of three sources, according to Northwestern University professor Adam D. Galinsky and New York University professor Joe C. Magee: 1. A strong BATNA. Your best alternative to a negotiated agreement, or BATNA, is often your best source of bargaining power. By cultivating a strong outside alternative, you gain the power … Read More
Telecom Services
Beth Doherty under the supervision of Lawrence Susskind Two-party, two-issue, integrative, scoreable negotiation over the terms of a telecommunications services contract … Read More
Negotiation Examples in Business and Negotiation in China: The Importance of Relationship Building
Although most Americans treat those they know differently than they treat strangers, Chinese behavior towards insiders and outsiders tends to be more extreme than in the United States – and therefore more important in negotiations in China than many Americans understand. … Read More
Technology Equipment Partners
Tracey Brenner, under the supervision of Lawrence Susskind Two-team, six-party, four-issue negotiation between representatives of two corporations setting up a simultaneous high-tech joint venture and purchasing agreement … Read More
With Patient Approach, FBI Steered Oregon Occupiers Toward Their BATNA
The 41-day armed takeover of the Malheur National Wildlife Refuge in Oregon ended on February 11 when the last occupiers surrendered. Federal authorities in six states also arrested seven others accused of being involved in the occupation, according to the Associated Press. The standoff had begun when Ammon Bundy and his followers took over the … Read More
Super Slipster
Matt Smith under the supervision of Robert C. Bordone, with revisions by Michael Moffitt Two-party personal injury settlement negotiation between the attorney for the injured plaintiff and general counsel for the defendant toy manufacturing company … Read More
Top 10 Best Negotiations of 2014: Negotiation Case Studies Drawn from Negotiation Examples in Real Life
Rather than unparalleled triumphs and victories, many of the 10 Best Negotiations of 2014 share a common theme of "making the best of a bad situation." From climate change to Congress to Cuba, negotiators often found themselves trying to claw their way out of the darkness and into the light. Here are 10 negotiations that … Read More
Summitville Service Agreement
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
How to DEAL with Threats: 4 Negotiation Tips for Managing Conflict at the Bargaining Table
Our DEAL approach allows you to respond to threats without conveying weakness or escalating the conflict, redirecting talks toward a focus on each other's interests. … Read More
Stakes of Engagement, The
Nicholas Sabin Two-party, multi-issue, scoreable negotiation regarding a prenuptial agreement, calling for a balance of substantive and relationship concerns … Read More
Alternative Dispute Resolution: Four Conflict Negotiation Strategies for Resolving Values-Based Disputes
Here are four negotiation strategies for resolving disputes involving negotiator values and negotiator identities. From bridging the gaps in interests at the bargaining table to establishing rapport, these strategies are aimed at more effective value-creating strategies at the negotiation table. … Read More
St. Francis Hospital and the Managed Medical Model
Patricia Moore and Lawrence Susskind Five-party, four-issue negotiation among representatives for a financially struggling hospital's administrators, doctors, and nurses over budget priorities and expanded application of the managed medical model … Read More
Negotiation Skills for Resolving International Conflicts
What are the essential skills a negotiator needs to resolve conflicts abroad? How do international conflicts differ from domestic conflicts? What issues specific to bargaining across borders emerges in intercultural negotiations? In this article we explore ways in which negotiators can develop bargaining skills to overcome any barriers to communication they may encounter in negotiations … Read More
Springfield OutFest
Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown This is a six-person, non-scorable negotiation simulation focused on mediating values-based legal disputes, specifically disputes involving conflicting views and values regarding homosexuality and religious faith. … Read More
Servant Leadership and Conducting the Ultimate Job Negotiation
James Levine's negotiations with the New York Metropolitan Opera and how his approach to the bargaining table, particularly with regard to his adaptive leadership style, helped create a win-win situation for both himself and the Opera. … Read More
Smithfield v. Rudfurd's Home Repairs
Pat Aaron Three-person small claims mediation between a homeowner and repair company regarding unfinished roof repair … Read More
Dealmaking in Negotiation: Six Strategies for Creating Value at the Negotiation Table
Negotiation topics in business: In today's market, consumers are often the more powerful parties in negotiations with sellers. To claim the most value in your next haggling experience, use the following six negotiation strategies. 1. Explore your alternatives (and know your best alternative to a negotiated agreement, or BATNA). Sometimes business negotiation opportunities pop up on the fly, … Read More
Rosenberg v. Lincoln Landscaping
Pat Aaron Three-person small claims mediation between a landscaping company and its client over a disputed bill and quality of service … Read More
Win Win Situation in Negotiation: Pope Francis and Cuba
How Roman Catholic Pope Francis turned his negotiations with the communist nation into a win-win situation for all parties involved. Learn what bargaining strategies Pope Francis used and how they apply to interpersonal and commercial negotiations. … Read More
Radwaste II
Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle Six-party, multi-issue negotiation among state and local government, enviromental, and industry representatives to select one of three sites for low-level radioactive waste disposal … Read More
Negotiation Ethics: Staying on the Straight and Narrow in Dispute Resolution
After buying a new car, you're eager to sell your old car. It looks well kept, but you had problems with the engine last winter. Now it's late summer. Should you tell prospective buyers about the engine, which might or might not act up when the weather turns? Negotiation Ethics: An oxymoron? Some people believe that the … Read More
Radwaste I
Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle Seven-party, multi-issue, scoreable negotiation among regulatory, environmental, tribal, local government, and industry representatives to choose criteria for selecting a low-level radioactive waste disposal site … Read More
Arbitration vs Mediation: Undecided on Your Dispute Resolution Process? Combine Mediation and Arbitration with Med-Arb
The choice: arbitration vs. mediation. You're not sure which of two common dispute resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you're worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, … Read More
Puerto Mauricio Development Conflict Simulation – Parts I & II
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
How to Resolve Cultural Conflict: Overcoming Cultural Barriers at the Negotiation Table
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. How can she improve her cross-cultural negotiation skills? Research shows that dealmaking across cultures tends to lead to worse outcomes … Read More
PowerScreen Problem
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
South Korea's Innovative Long-Term Negotiation Strategy with North Korea
In negotiation, a combination of several negotiation skills and tactics may be needed to break past a difficult impasse. A recent protracted negotiation between North Korea and South Korea provides a case study. In April, North Korea abruptly removed its workforce from the Kaesong Industrial Complex, a joint venture it launched within its borders nine years … Read More
Parking Spaces for Super Computer
Consensus Building Institute, Inc. Two-party, two-issue scoreable negotiation between an office building owner and commercial tenant over the terms of a lease for parking spaces … Read More
Overcoming Barriers to Agreement: How Dell Computer's BATNA Informed Its Privatization Negotiations
In negotiation, your best source of power typically is your "best alternative to a negotiated agreement," or BATNA. By cultivating appealing options away from the table, you free yourself up to walk away in the event of a disappointing deal. In all likelihood, Dell Inc. founder Michael Dell found himself facing such a BATNA analysis in … Read More
Open Lands A Private Planning Negotiation
Patrick Field, Ric Richardson, and John Harrison Eight-person facilitated negotiation among seven landowners to develop voluntary private land-use plan to provide financial security while preserving open space and agricultural land … Read More
Top 10 Negotiation Failures of 2013
Here's a list of some of the most notable negotiation flops of the past year – from deals that were over before they started, to those that were botched at the table, to those that proved disastrous well after the ink had dried. … Read More
Onembo and Benjamin Rug Co. v. Runyon and Lebeau
Karen Falkenstein Green Three-person small claims court mediation between a rug company owner and a customer over the return of a made-to-order rug … Read More
International Negotiations: The Surprising Benefits of Conflict and Teamwork at the Negotiation Table
A team of rivals? Learn how Barack Obama built a "team of rivals" and how cooperation among team members impacts negotiating skills and negotiation tactics in diplomacy negotiation. … Read More
One Village, Six People Workable Peace: Ethnic Conflict and Genocide in Post-Colonial Africa
Chris Jost, under the direction of David Fairman Six-party negotiation among Hutu and Tutsi villagers regarding competing land claims and local authority issues in the wake of the Rwandan genocide … Read More
The Leadership Styles of "Girls" at the Negotiating Table
Lena Dunham is a hugely successful actor, writer, and director, but the creator of the HBO hit show "Girls," is also a formidable negotiator. In a January interview for LinkedIn, Dunham and her co-producer Jenni Konner described the challenges and rewards of good deal-making in an industry that is notorious for gender discrimination. While Dunham … Read More
Offshore Wind Farm Negotiation
MIT Students in the Department of Urban Studies and Planning, under the supervision of Prof. Lawrence Susskind and Dr. Herman Karl 8-party nonscorable negotiation among commercial, environmental, and governmental stakeholders over a controversial proposal to develop offshore wind farms … Read More
Three Questions to Ask About the Dispute Resolution Process
Dispute resolution is often a multistep process that can start with negotiation, move on to mediation, and, if necessary, end in arbitration or litigation. This progression allows parties to start off, quite naturally, with less-expensive, less-formal procedures before making bigger commitments of money and time. Still, there may be situations in which you wonder if it would … Read More
Ocean Splash
The Consensus Building Institute, Inc. Two-party, two-issue scoreable negotiation between a charity and a corporate sponsor regarding the number and placement of advertising banners at a fundraising walk … Read More
Negotiating Skills: How to Bargain "Behind the Table"
After the fall of the Berlin Wall in 1989, U.S. president George H. W. Bush and his secretary of state, James Baker, were eager to win international support for German reunification and German membership in NATO. But Soviet president Mikhail Gorbachev faced strong opposition to these measures from members of his own Communist Party. Knowing that … Read More
New Crimea Prison Overcrowding Simulation
Susan Podziba and Lawrence Susskind Eight-party, multi-issue negotiation among prison administrators, government leaders, criminal justice advocates, and prisoners' rights advocates to develop recommendations for a comprehensive state policy to alleviate prison overcrowding … Read More
MESO Negotiation: Learn from a Seller's Market
What negotiating skills and negotiation tactics can bargainers take from a seller's market or a situation in which buyers are at a distinct bargaining disadvantage? Learn how to stand out in competitive negotiation scenarios. … Read More
Neighborhood Care, Inc.
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
Famous Negotiators: Angela Merkel and Vladimir Putin
At a January 8 press conference, German chancellor Angela Merkel dangled a carrot in front of Russian president Vladimir Putin: the possibility of a summit in Kazakhstan aimed at easing the Ukraine crisis, to be attended by her and the leaders of France and Ukraine. That carrot, however, was dangling from a significant string. For … Read More
Negotiating Budget Cuts at Newtowne Hospital
Lawrence Susskind Six-person negotiation among hospital administration and employee representatives to reach consensus on budget cuts in three departments … Read More
Negotiation Case Studies: Reciprocity at the Bargaining Table – How to Use Tradeoffs to Create Value in Integrative Negotiation Scenarios
Use tradeoffs and norms of reciprocity to create value at the bargaining table in business negotiations and interpersonal negotiations … Read More
Negotiated Rulemaking for Electric Utilities
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
How Michael Bloomberg and NYC Teachers Came Together Through Mediation
It's hard to imagine a situation in which negotiating counterparts would choose to sacrifice hundreds of millions of dollars rather than reach agreement. But this is the choice that New York City and its teachers union, the United Federation of Teachers (UFT), made in January when they declared impasse on a new teacher evaluation system. Back … Read More
Negotiated Development in Redstone
Lawrence Susskind and John Forester Two-party, two-issue scoreable negotiation between a developer and a neighborhood association representative regarding the development terms of a new condominium project … Read More
Managing Expectations in Negotiations
Here are some good negotiation examples drawn from negotiation research demonstrating the importance of managing your counterpart's expectations at the bargaining table. … Read More
Nazi Party of America v. Town of Hokey
Bruce Patton Two-party highly political negotiation between a lawyer for Nazi convention organizers and a town attorney a permit application for a Nazi Party parade in a Jewish neighborhood … Read More
BATNA & Negotiations: Defending Yourself Against Influence Negotiation Strategies
How can a negotiator protect herself from bias and influence negotiation strategies at the bargaining table? Knowing one's best alternative to a negotiated agreement as well as the zone of possible agreement for the deal at hand help prevent bias from leaving value unclaimed. … Read More
National Energy Policy Simulation
Eric Jay Dolin, Daniel Greenberg and Lawrence Susskind Highly complex multi-party, multi-issue negotiation among political, industry, environmental, and consumer leaders and lobbyists to develop a detailed proposal to reduce U.S. vulnerability to changes in energy prices and supply … Read More
Best-In-Class Negotiation Case Studies
What's one of the best ways to teach the art and science of negotiation? Case studies and articles that spark lively discussion or facilitate self-reflection. Based on real-world examples, these teaching resources are designed to help students envision how to apply what they've learned in the classroom and beyond. The Teaching Negotiation Resource Center (TNRC) at … Read More
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
Forging a Global Agreement on Climate Change
The ambitious goal of the professional negotiators who participated in the 2015 United Nations Climate Change Conference, held in a Paris suburb from November 30 through December 11, 2015, was to reach enforceable commitments from nations around the world to lower their greenhouse-gas emissions to levels that could ward off environmental disasters. At the Paris climate … Read More
Multisearch Software
Eric Gould and Michelle Easter Two-party integrative negotiation between a software developer and a software manufacturer over a possible contract for a new search engine product … Read More
Dealmaking Negotiations – Writing the Negotiated Agreement
Some negotiations end with a plan of action rather than a signed contract – for example, a plumber agrees to fix the tile damage caused by his work. Other negotiations wouldn't be appropriate to commemorate in writing, such as how you and your spouse decide to discipline your young child. But in virtually all significant … Read More
Mouse Exercise
Geoffrey Fink and Maria Baute Stewart Seven-party, multi-issue negotiation among a theme-park developer, neighboring mayors, a regional organization, and a national government representative over the development of a proposed theme park; involves coalition-building and cultural issues … Read More
Best Negotiation Case Studies: The Bangladesh Factory-Safety Agreements
On April 24, an eight-story building in Bangladesh known as Rana Plaza collapsed, killing an estimated 1,129 people, many of them low-wage garment workers who made goods for foreign companies. In the weeks after the disaster, apparel outsourcers faced mounting public pressure to address hazardous conditions in the factories where their goods are manufactured. Labor unions … Read More
Mountain View Farm
Roger Fisher and Andrew Clarkson Two-party, multi-issue integrative negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor's land … Read More
Great Negotiators vs. Great Negotiations: The Program on Negotiation's Great Negotiator Teaching Series
Negotiating skills and negotiation tactics from the great negotiators – a collection of negotiation research on effective and historical negotiators from a range of backgrounds … Read More
Monroe Energy Assistance Game I
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
BATNA and Other Sources of Power at the Negotiation Table
Sources of power at the negotiation table involve information and in BATNA negotiations, knowledge of that alternative to a negotiated agreement is a source of power during negotiation scenarios … Read More
MC Metals
Dan Delisi, under the supervision of Lawrence Susskind and Paul Levy Six-person integrative negotiation among representatives of manufacturing company, occupational safety agency, union, local fire department, and local technical expert to settle claims of safety violations that allegedly caused two employee deaths … Read More
Arbitration vs Mediation: The Definition of Mediation as a Problem Solving Process
The definition of mediation as a dispute resolution process is rooted in the facilitated negotiation aspects of the mediation process. Learn how mediation and negotiation skills can be used to resolve even the most intractable disputes. … Read More
Managing Groundwater Beneath the Pablo-Burford Border
Lawrence Susskind Two-team, ten-person, multi-issue, co-chaired negotiation between representatives of two adjacent countries regarding the transboundary management of a severe water shortage crisis … Read More
Negotiation Tactics: How Improvisation Can Improve Your Negotiation
When managing cultural differences in international negotiations, improvisation is a key negotiation skills, one that mimics the quick-thinking and improvisational quality of the art of jazz music. … Read More
Long River
Catherine Ashcraft and Larry Susskind A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action plan … Read More
Dispute Resolution in Job Negotiations: Repairing a Work Relationship
On October 15, 2012, Citigroup CEO Vikram Pandit walked into the office of the bank's chairman, Michael E. O'Neill, expecting a routine meeting and perhaps some words of praise. The day before, Citigroup had released a favorable earnings report that suggested the bank was beginning to rebound from the financial crisis. Citi had received a … Read More
Little v. Jenks
Karen Falkenstein Green Two-party small-claims settlement mediation between two former friends over the sale of a problematic used car … Read More
The Best Negotiation Exercises, Role-Plays and Videos for the New Semester
The air is buzzing with excitement as students, teachers and institutions prepare for the new academic year. Have you planned your curriculum and purchased your teaching material? We're here to help you to find the best negotiation exercises and teaching aids for your negotiation classes. The Teaching Negotiation Resource Center is your one-stop shop for role-play … Read More
Leaves Before the Fall
James K.L. Lawrence Lawyers negotiate terms of an employer/employee dispute. The primary characteristic of the Leaves Before the Fall simulation is that the facts set out in each representative's "confidential instructions" are the same – identical in every respect. … Read More
Teaching Negotiation: The Art of Case Study Writing
Jim Sebenius, the Gordon Donaldson Professor of Business Administration at Harvard Business School, and Director of the Harvard Negotiation Project, addressed these questions in his presentation at the NP@PON Faculty Dinner Seminar on October 7, 2010. His article, "Developing Negotiation Case Studies," began as a memo to a novice case writer about how to write … Read More
Least-Cost Planning Exercise
Clinton Andrews and Lavinia Hall Six-party, multi-issue mediation among electric utilities, consumer interests, environmentalists, and mediator with technical expertise, over the best way to meet increased demands for electricity … Read More
Edward Snowden Tries to Negotiate Around His Bad BATNA
Can a bad BATNA prevent Edward Snowden from engaging in win-win negotiations with the US government? In this article we examine a negotiation case study involving one of the world's most prominent advocates for government transparency and his attempts at bridging the gap between himself and the US government. … Read More
Lake Wasota Fishing Rights
Denise Madigan, Tod Loofbourrow with teaching notes by Eileen Babbitt and Lawrence Susskind Six-party, six-issue, scoreable negotiation among representatives of tribal, state, federal, recreation, and business interests over fishing rights in a large lake … Read More
Types of Power in Negotiation
Social psychologists have described types of power that exist in society, and these types of power emerge in negotiation as well. Two types of power spring from objective features of the bargaining process. … Read More
Juvenile Justice Restorative Circle
David Baharvar under the supervision of Robert C. Bordone Six- or eight-party mediated restorative justice circle among juvenile offender, offender's parent, victim, community member, facilitators supporting each side, and one or two mediators, regarding a juvenile shoplifting incident … Read More
Mediation Checklist: What to Know When Hiring Mediators
When considering a potential mediator, ask the following questions of those who have worked with him in the past. … Read More
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
Integrative Negotiations Examples: Dispute Resolution Through Joint Fact-Finding
Integrative negotiations examples involve cooperative approaches to the bargaining table in which each side not only seeks to maximize their claim in negotiations but also increase the overall size of the pie of resources to be divided. Here are some dispute resolution techniques drawn from the cooperative world of integrative negotiations for joint-fact finding with … Read More
Hopkins Hospital
Janet Martinez … Read More
Examples of Negotiation in Business: When "Shrink to Grow" Pays Off
Learn how BP and Russian negotiators came together and created value in a tough business negotiation even though expansion of the negotiated relationship was not on the bargaining table. … Read More
Hopkins HMO
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
Using a Negotiation Approach to Resolve a Conflict: On Facebook, Dispute Resolution Goes Live
Dispute resolution and online conflict management go live on Facebook with virtual negotiation dynamics allowing users and Facebook staff to report problems and troubleshoot them in real-time … Read More
Hong Kong Property Deal
Larry Crump, based on a concept developed by Michael Wheeler and Lawrence Susskind Two-party potentially integrative negotiation between a property owner and a neighboring business over the sale of two real estate parcels … Read More
How To Overcome Cultural Barriers: Overseas Negotiations Advice
Negotiators dealing with international counterparts often study how to overcome cultural barriers at the bargaining table prior to negotiating – but what if your counterpart is not only from a different culture, but is in a different physical location entirely? … Read More
Hitana Bay Development Simulation
International Programme for the Management of Sustainability, with Lawrence Susskind Ten-party, multi-issue negotiation among government, development, industry, labor, and preservation interests over port improvements, real-estate development, and environmental protection in a Caribbean island harbor expansion … Read More
How to Overcome Barriers and Save Your Negotiated Agreement at the Bargaining Table
On November 20 of last year, Hostess Brands announced that it had failed to reach agreement with its second-biggest union and, as a result, was permanently shutting down its operations. The news was met with dismay by baby boomers and others who had grown up with the 80-year-old company's shelf-stable confections. But consumers had been passing … Read More
Heat Islands
Tyler Corson-Rickert and Mónica Oliver under the direction of Professor Lawrence Susskind This is a seven-party, integrative negotiation between stakeholders in a city over how to implement housing retrofits to enhance resilience to extreme heat in the aftermath of deadly heat waves attributed to climate change. … Read More
BATNA Examples: Negotiation Tactics for Creating Value in Business Negotiations
Effective negotiators use BATNA examples to estimate their bargaining counterpart's interests in order to make effective, interest-oriented proposals at the negotiation table … Read More
Denise Madigan, Thomas Weeks, and Lawrence Susskind Six-party, multi-issue, scoreable negotiation among representatives of a port developer, labor union, environmental coalition, other regional ports, governor's office, and department of coastal resources over a proposal to build a new deep-water port … Read More
Dealmaking and the Trade Deal: Obama's Uphill Battle with Congress
Sometimes in dealmaking, reaching agreement would require us to make compromises that we know will displease those who need to authorize the deal, such as our superiors back at the office. Fail to compromise, and impasse may be inevitable. Compromise and save the deal, and accept the difficulty of closing the deal in negotiations with … Read More
George and Martha
Michael Wheeler Two-party integrative negotiation between representatives for a divorcing couple over the amount of child support payments … Read More
Power in Negotiation: The Impact on Negotiators and the Negotiation Process
How do differing levels of power in negotiation and status affect negotiators and the bargaining process? Negotiation research shows that high power negotiators can have advantages and disadvantages due to their status depending on the negotiation scenario. … Read More
Gator v. City of Quincy
Karen Falkenstein Green Three-person small-claims mediation between a motorist and a city attorney regarding liability for damage to the motorist's automobile due to a pothole … Read More
In Business Negotiations for Super Bowl I Tape, NFL Stops the Clock
The Green Bay Packers beat the Kansas City Chiefs 35 to 10 in Super Bowl I. But that's not the end of the story. In business negotiations, and particularly sales negotiation, enthusiasm is required when trying to convince our counterparts that we have what they need. But that enthusiasm isn't always infectious. The tale of … Read More
Gadgets, Inc.
Cheri Peele and Lawrence Susskind Six-party, four-issue negotiation among a company's management and union representatives, environmental groups, and state and federal environmental agencies over fines and adoption of new technology in response to the company's illegal polluting … Read More
Negotiation Examples in Real Life: Crisis Negotiators Use Text Messaging
One of the most unique examples of negotiation in real life – crisis negotiations teams turn to text messaging in hostage negotiation scenarios. … Read More
Franklin Family Foundation and Westbrook Regional School District
Catherine Preston and Lawrence Susskind Twelve-person, two-round negotiation between six foundation board members and six school board and community leaders over efforts to address racial disparities in academic performance; internal negotiations precede external … Read More
Leadership Style Assessment: Road Map for Podemos in Spain
What does an effective participative leadership style have in common with integrative negotiations? In this article, the May 24 elections in Spain are examined from the perspective of negotiation research with regard to negotiation strategies and coalition building at the bargaining table. … Read More
Federal Lands Management II
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
MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table
MESO negotiation, a negotiation strategy for creating value with a counterpart who may be reluctant to negotiate, allows negotiators to propose multiple offers without signaling commitment or preference for any one option. Business negotiators that practice integrative negotiation strategies often complain that although they try to focus on creating value, they run into far too many difficult … Read More
Federal Lands Management I
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
Dispute Resolution for India and Bangladesh
How India and Bangladesh came together at the bargaining table in a dispute over land and borders. … Read More
Farrakhan Negotiation, The
Eric Collins Five-person, multi-issue negotiation among university administrators and student organizers over cost and arrangements for a controversial figure to speak on campus … Read More
How Chaos at the Bargaining Table Can Help Negotiators Reach Agreement
Here are some examples of negotiation situations in which chaos at the bargaining table works to the negotiator's advantage. Whether conducting business negotiations involving commercial transactions or personal disputes with a friend, the following negotiating skills and techniques can be used. Take Thomas Green's story: "I've learned to make chaos my friend in negotiation," says Thomas Green, … Read More
Ellsworth v. Ellsworth
Frank Sander, Michael Wheeler and William Ury Two-party, multi-issue negotiation between lawyers for a divorcing couple over the terms of the divorce, including alimony, child support, and income tax issues … Read More
Managing Difficult Conversations: Achieving Objectives with Backmapping Negotiation Strategies
In this article the negotiation technique of backward mapping is explored. As a process for finding out your counterpart's goals, backward mapping not only lead to success at the bargaining table but also can lead to value creation between the parties through tradeoffs. … Read More
Ellis v. MacroB
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
Examples of Negotiation in Business: Starbucks and Kraft's Conflict Management
Getting to agreement can be a lot of the battle in business negotiations – but once the agreement is signed, what do negotiators do then? More bargaining according to negotiation research. Preparing yourself for fulfilling the negotiated agreement, or for your inability to comply with it, will help negotiators preserve hard-fought relationships when the deal … Read More
East Falls Brownfields
Tracy Dyke, under the direction of Lawrence Susskind and Susan Podziba Seven-person, non-scoreable, facilitated negotiation among planners, regulators and activists regarding the cleanup and redevelopment of environmentally contaminated property … Read More
Power in Negotiation: Examples of Being Overly Committed to the Deal
Don't let your commitment to a negotiated agreement prevent you from creating (and claiming) more value for yourself. Learn how commitment in negotiation can hinder future bargaining scenarios and what negotiators can do to reconcile past agreements with present opportunities at the negotiation table. … Read More
Robert Ricigliano and Victor Issraelyan Two-party, integrative international negotiation between representatives of two neighboring countries over compensation for pollution in one of the countries caused by an industrial accident in the other country … Read More
How to Negotiate with Friends and Family
"Never do business with friends," the adage goes. Yet 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. What special issues do friends and family members face when involved in negotiations together? How can they reduce … Read More
Discount Marketplace and Hawkins Development
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
In Negotiations with Ben Affleck, No Appealing BATNA
In negotiation, your best source of power is typically your best alternative to a negotiated agreement, or BATNA. Having a strong outside alternative enables you to walk away from a deal that doesn't meet your needs or that would compromise your vision or ethics. But when you are dealing with a negotiating partner who seems irreplaceable, … Read More
DirtyStuff I
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
Examples of Alternative Dispute Resolution (ADR): How Mediation Works
Negotiations have reached an impasse, but both sides agree on one thing: you need help resolving the dispute. You engage a neutral mediator to do just that. Rather than acting as a judge who decides who "wins" or "loses," a third-party mediator assists parties in reaching an agreement. Negotiators often feel unprepared for mediation. The very … Read More
Dirty Laundry
Pat Aaron Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts … Read More
In Greece Crisis Negotiation, Tough Conditions May Have Affected the Deal
During a crisis negotiation, all that may seem to matter is reaching a deal as quickly as possible. The desire to head off a disaster may lead crisis negotiators to forego the usual comforts of life, such as sleep, in their single-minded pursuit of their goal. Those appear to have been the conditions under which the … Read More
Development on Bay Island
Rafael Montalvo and Bruce Stiftel Two-party distributive negotiation between a developer and a city representative over the amount of money the developer will pay the city to defray costs associated with development … Read More
Famous Negotiators: Tony Blair's 10 Principles for International Conflict Resolution
In his recent memoir, the former world leader shares lessons from the peace process in Northern Ireland. Upon his election as prime minister of Great Britain in May 1997, Tony Blair made peace negotiations in Northern Ireland his first order of business, he recounts in his memoir, A Journey: My Political Life (Knopf, 2010). … Read More
Development Negotiations in the Project Review Process
John Forester Two-party, three-issue, scoreable negotiation between a developer and a city planner over the design, process, and affordability of a proposed housing development … Read More
Ethics in Negotiations: How to Deal with Deception at the Bargaining Table
How can negotiators avoid deception at the bargaining table? Whether used personally or by your bargaining counterpart, deception as a strategy in negotiation is easy to detect (and prevent) if you understand the bargaining pressures that may cause them to engage in deceptive practices or negotiation strategies. … Read More
Development Dispute at Menehune Bay
Lawrence Susskind, Thomas Dinell, and Vicki Shook Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii … Read More
Negotiation Skills in Business Communication – Use Chaos to Your Advantage at the Bargaining Table
Successful negotiation strategy includes improvisation and adaptation at the bargaining table. Read this article to learn the latest negotiation techniques and strategies from negotiation research to deal with chaos in bargaining scenarios. … Read More
DEC v. Riverside
David Lax, James Sebenius, Lawrence Susskind, and Thomas Weeks Two-party, multi-issue, scoreable negotiation between a manufacturer and a state environmental agency to reach a settlement over the manufacturer's pollution of a local river … Read More
Overcoming Cultural Barriers in Negotiation: How to Launch More Productive Cross-Cultural Negotiations
On February 28, 2014, Russian troops swarmed into Crimea following violent clashes between protesters and police in Kiev, Ukraine, and Ukrainian president Viktor Yanukovych's abrupt departure from the country. Urging Russian president Vladimir Putin to retreat, Western leaders desperately searched for a way to help him "save face."
Click here to download your copy of International Negotiations: Cross-Cultural Communication Skills for International Business Executives from the Program on Negotiation at Harvard Law School.
Contract Negotiations in the Building Trades
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
Developing Negotiation Skills and Negotiation Techniques for Integrative Negotiations – Does Personality Matter?
How does an individual negotiator's personality affect her negotiation techniques at the negotiation table? Negotiation research has revealed some strategies bargainers can use to overcome any personality constraints to negotiation success. … Read More
Collective Bargaining at Southern Express
Lawrence Susskind and Charles Hecksher Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a major airline; includes an internal team meeting before external negotiations … Read More
Overcoming Cultural Barriers in Negotiations: The Importance of Culture and Etiquette in Bargaining Scenarios
Learn how and when to engage in appropriate cultural traditions when negotiating with counterparts from a different culture. In this article we offer negotiation tips for overcoming cultural barriers in negotiation and present additional articles drawn from negotiation research that may be of benefit to negotiators who need to improve their international negotiation skills. … Read More
Collective Bargaining at Central Division
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
Dealmaking Tips: 7 Negotiation Tactics for Saving a Deal from Collapse
Even after the best negotiations, sometimes the other side will demand a renegotiation of the deal. Here are some guidelines on how to proceed. … Read More
Clarke v. California Insurance Co., et al.
Harvard Negotiation Project and Hastings College of Law Two-party distributive negotiation between counsel for an insurance company and the insured regarding a disability benefits settlement … Read More
Top Business Negotiations: Michael Bloomberg versus the New York Teachers' Union
In 2010, New York State passed a law requiring its school districts to replace their old teacher-evaluation systems with more stringent systems. Local school districts and their unions were charged with specifying certain aspects of their new systems by January 17, 2013. … Read More
Chemco, Inc.
Wendy Pabich and Lawrence Susskind Six-person, five-issue negotiation between three industrial factory representatives and three environmental agency representatives over environmental and economic concerns in the wake of damaging negative publicity for both parties … Read More
Negotiation Situations in Team Building
Here are some negotiation situation examples involving team building in negotiating teams. … Read More
Changing Times for the Senior Center in Redwood Hills
Connie Ozawa Multi-party, multi-issue facilitated negotiation for five or six players representing civic and business leaders and owner of a senior center regarding the expansion of other groups' use of the center … Read More
Dispute Resolution Strategies for Managing Internal Conflicts Within an Organization
How can dispute resolution skills in negotiation help manage internal conflicts within an organization? This article draws from negotiation research to present some bargaining tips on how you can insure satisfaction within and outside of an organization. … Read More
Carter Estate Problem, The
Mark Drooks, Andrew Tavel, Kenneth Hyatt, Mark Gordon, and Bruce Patton Two-party, multi-issue integrative negotiation between brothers over the settlement of their father's estate … Read More
These Examples Illustrate the Importance of Negotiation in Business
A number of noteworthy disputes among businesses, organizations, and individuals made headlines in 2013 and demonstrate the importance of negotiation in business. We point out the negotiation angles behind stories first reported by the New York Times, the Wall Street Journal, and other media outlets. Keep an eye out for common themes among these top … Read More
Camilia Pictures
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
Characteristics of Negotiation Styles: Men, Women, and Status
How do negotiation styles differ between men and women? In this article drawn from negotiation research we explore the various approaches each gender takes to the bargaining table as well as the negotiation strategies that present themselves at the bargaining table because of this. … Read More
Bullard Houses
Ron Karp, David Gold and Mox Tan Two-party, multi-issue real estate negotiation between representatives for a buyer and seller, where BATNAs are important … Read More
Top 10 Celebrity Negotiations of 2015
Here are the top 10 celebrity negotiations for the year 2015. From integrative bargaining strategies to building bridges with counterparts in contentious talks, these negotiation scenarios demonstrate the effectiveness of collaborative, win-win negotiation tactics. … Read More
Broken Benches
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
Arbitration vs Mediation: What's Wrong with Traditional Arbitration?
Arbitration vs mediation – negotiation scenarios in which arbitration works, and bargaining situations in which it fails to create value or resolve conflict … Read More
Bradford Development
Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues … Read More
The Importance of Power in Negotiations: Taylor Swift and Spotify
Taylor Swift's immense influence in the music industry allowed to bargain successfully with streaming service Spotify for higher royalty rates from streaming services. Learn how Taylor Swift used her powerful bargaining position to get what she wanted at the negotiation table. … Read More
Brachton Collective Bargaining Exercise
Michael Wheeler 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
Negotiation Advice for Buying a Car: Tips for Improving Your Negotiating Position
How can you negotiate the best possible price for a new car? This is a common negotiation question, and naturally so. A car is one of the most significant purchases you'll ever make—and the price is almost always negotiable. Here are a few tips to improve your performance: … Read More
Bog Berries, Inc. v. the Federal Environmental Agency
Catherine Preston and Lawrence Susskind Five-issue negotiation between three factory representatives and three Federal Environmental Agency representatives over the factory's new operational agreement, in the context of harsh public criticism of both parties … Read More
The Importance of Communication in Negotiations: Preparing Your Negotiating Team
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
Big Pipeline in Swagwit
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
Managing Factions in Multiparty Negotiations Faultlines in Groups
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
Bankruptcy Multiparty Negotiation Simulation
James Emerson with Ben Longoria, under the supervision of Professors Robert Mnookin and Lawrence Susskind This exercise is a six-party simulation of multiparty negotiations in a bankruptcy (reorganization) and mass torts context. The simulation represents a … … Read More
Negotiation Examples in Business: Putting Your Negotiated Agreement Into Action
A recent article in Tufts Magazine by Program on Negotiation faculty member Jeswald Salacuse discusses an oft neglected aspect of negotiation: putting into action what negotiators agree to at the bargaining table. Normally negotiators focus on the deal-at-hand as well as those present at the negotiation, neglecting other aspects of the negotiated agreement that would not … Read More
Bakra Beverage
Dan Vogel, under the supervision of Robert Bordone and Gillien Todd … Read More
Ethics in Negotiation: How to Avoid Deception in Employment Negotiations
What leads negotiators to engage in deceptive tactics in negotiation? Perhaps if you know what may lead you to behave in a dishonest way, you can tailor your negotiation strategy to prevent such a thing occurring while negotiating with your counterpart. … Read More
Arms Control on Cobia
P. Terrance Hopmann Multi-issue arms control negotiation among representatives of eight fictional countries … Read More
Topics in Alternative Dispute Resolution: Values-Based Role Play Simulations for Improving Mediation Skills
Three role-play simulations focus on the mediation of values-based disputes. They are now available with Teaching Notes and an Annotated Bibliography from the Program on Negotiation Teaching Negotiation Resource Center. Each game provides an opportunity for students to explore how mediation might be used to address values-based and identity-based disputes–not just interest-based disputes. The parties … Read More
Armenia/Azerbaijan/Nagorno Karabakh
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
The Impact of Leadership Styles on Negotiation: Conflict Negotiators Turn to Miss Universe
Peace negotiations are championed by a recent winner of the Miss Universe title from Colombia, highlighting the long-standing conflict between FARC and the Colombian government. … Read More
Aerospace Investment
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
Negotiation Topics in Business: Negotiation Tactics for Including Outsiders at the Negotiation Table
One of the most popular negotiation topics in business concerns the role of outsiders to the negotiation. In this article the Program on Negotiation explores how to include outsiders in both your strategy and at-the-table negotiations. … Read More
Ancolet Corp. v. Elson Realty Trust
JAMS/Endispute … Read More
Case Study of Conflict Management: Monitor Your Emotions in Dispute Resolution
Here is a case study of conflict management describing negotiation techniques bargainers can use to control their emotions in negotiation scenarios. … Read More
Amending Approval for the Storyville Pulp and Paper Mill
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
MESO Negotiation: The Benefits of Making Multiple Equivalent Simultaneous Offers in Business Negotiations
MESO, negotiation strategies involving multiple equivalent simultaneous offers, bring benefits to negotiators of all levels. … Read More
Allies in Alexia
The Consensus Building Institute Six-party nonscorable negotiation among nonprofit, business, and community representatives regarding the most appropriate methods for fund raising and distributions … Read More
Negotiation Techniques Developed from Negotiation Research on Bargaining Strategies in the M&A World
Negotiation research on negotiation techniques and negotiation strategies from business negotiations mergers and acquisitions gives valuable advice for negotiators seeking to create value in integrative negotiations. … Read More
Pepulator Pricing Exercise
Mark Drooks and Mark Gordon Two-team, scoreable, multiple round, "prisoner's dilemma"-style negotiation between representatives of two companies over the monthly price for fictional products called "pepulators" … Read More
How Knowing Its BATNA and Integrative Negotiation Strategies Helped the European Union Manage a Difficult Negotiator Like Putin
In negotiation, we are often confronted with the task of dealing with difficult people—those who seem to prefer to set up roadblocks rather than break down walls, or who choose to take hardline stances rather than seeking common ground. How can you deal with such difficult people? One tactic you might consider is avoiding the conversation altogether … Read More
Parking Facility Venture
Three-party scoreable negotiation among three firms regarding the joint construction of an off-street parking facility; variation of "Three-Party Coalition" … Read More
Tough Topics in Negotiation: Negotiating a Non-Compete Agreement with Employers
Employers sometimes ask potential employees to agree not to work for their competitors in the future. Don't assume such requests are nonnegotiable. In the fall of 2010, journalist Christopher Flores was looking for a job in Chicago. As he recounts in a February article in the Chicago Reader, he came across listings for staff writer … Read More
Managing Growth in Rockville
Armand Ciccarelli and Lawrence Susskind Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning … Read More
What is Your BATNA and How to Use Negotiations to Create Win-Win Scenarios in Business
What is BATNA? Negotiations in which each counterpart has a best alternative to a negotiated agreement are scenarios in which the incentive to work together must exceed the value of alternatives away from the negotiation table. One negotiation example, labor strikes highlight common conflict resolution pitfalls. The latter half of 2012 saw a slew of labor … Read More
Jefferson Hazardous Waste Negotiation
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
Top 10 Worst Negotiation Tactics of 2015
Here is a list of the top 10 worst negotiation tactics used during 2015. From hard-bargaining strategies to lack of any strategy whatsoever, these tactics did little to insure a viable negotiated agreement and may have prevented the creation of such an agreement. … Read More