The first offer dilemma in negotiations – should you make the first offer? Few questions related to negotiation techniques and negotiation strategies have yielded more academic attention and debate among practitioners in negotiation research.
… 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.
negotiation techniques
What are Negotiation Techniques?
The negotiation techniques you use can have an enormous impact on the success (or failure) of your negotiation.
You’ve mastered the basics of good negotiation techniques: you prepare thoroughly, take time to build rapport, make the first offer when you have a strong sense of the bargaining range, and search for wise tradeoffs across issues to create value.
Yet, even experienced negotiators often make the mistake of treating important talks as a win-lose negotiation. Overlooking effective win-win negotiation techniques, they focus on trying to claim as much value as they can without trying to create new sources of value.
This is one reason that improving your negotiation skills can only take you so far – eventually, you need to assess your behavior preferences as a negotiator. Being able to predict how you will behave in a given bargaining scenario will help you achieve better outcomes at the bargaining table and refine your negotiation techniques.
In any given negotiation, your bargaining style has a stable component that comes from your disposition and personality; some negotiators are naturally more cooperative than others, for instance. Yet your negotiation styles will also fluctuate depending on the situation and the person across the bargaining table. For example, you’re more likely to focus on maximizing joint gain when you’re negotiating a joint venture with a trusted colleague than when you’re battling with other department heads over the annual budget.
One approach that works well is known as MESO. MESO (multiple equivalent simultaneous offers) negotiation techniques create value at the bargaining table by identifying multiple proposals of equal value and presenting them to your counterpart simultaneously. By making tradeoffs across issues, parties can obtain greater value on the issues that are most important to them.
To learn more about successful negotiation techniques, you can download a complimentary copy of our special report, Dealmaking: Secrets of Successful Dealmaking in Business Negotiations, right now!
The following items are tagged negotiation techniques:
NEW! Harvard Mediation Intensive
Led by mediation experts Audrey Lee and Alain Lempereur, the Harvard Mediation Intensive delves into mediation principles and processes through interactive presentations and hands-on exercises. From employment and business disagreements to public and international conflicts, you will discover effective ways to enable parties to settle their differences across a variety of contexts.
… Read NEW! Harvard Mediation Intensive
Business Crisis Management: Crisis Communication Examples and How to Use Police Negotiation Techniques
In this free special report negotiation experts offers advice on how to turn crisis situations into collaborative negotiations. Throughout the report, you will discover how to apply the lessons of professional hostage negotiators, avoid disasters through careful planning, diffuse tensions with angry members of the public, and break through impasse with open communication.
… Read More
Negotiation in Business: Starbucks and Kraft’s Coffee Conflict
Sometimes even the best agreements arising out of negotiation in business and are liable to failure and such is the case with the dispute between food giants Starbucks and Kraft (now Kraft-Heinz).
… Read More
Secrets of Successful Dealmaking
Course Dates: This course is closed
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 … Read Secrets of Successful Dealmaking
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
Cross Cultural Communication: Translation and Negotiation
In previous international negotiation articles from cross cultural negotiation case studies, we have focused on how international negotiators can avoid cognitive biases and overcome cultural barriers. But how do negotiators dealing with counterparts that speak another language modify their negotiation techniques to accommodate for the lack of a common language?
… Read More
Win-Win or Hardball?: Learn Top Strategies from Sports Contract Negotiations
In this Special Report, we offer advice from the world of sports to help you navigate your most important negotiations. You will learn to get your head in the game, manage team dynamics, and get a competitive edge.
… Read More
A Case Study of Conflict Management and Negotiation
In this case study of conflict management, the Program on Negotiation offers advice drawn from negotiation research about forming negotiating teams and avoiding conflicts within teams and working groups.
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Negotiation Techniques To Get New Business Partnerships Off on the Right Foot
“A huge mistake.” “A shot in the dark.” “An audacious move.” Those are a few of the media’s characterizations of wireless carrier AT&T’s acquisition of media and entertainment firm Time Warner, announced on October 22, 2016, for $85.4 billion.
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5 Win-Win Negotiation Strategies
Business negotiators understand the importance of reaching a win-win negotiation: when both sides are satisfied with their agreement, the odds of a long-lasting and successful business partnership are much higher. But concrete strategies for generating a win-win contract often seem elusive. The following five, from experts at the Program on Negotiation at Harvard Law School, … Read 5 Win-Win Negotiation Strategies
Union Strikes and Dispute Resolution Strategies
When a conflict looms, it can be tempting for each side to try to make unilateral decisions on key issues because of the belief that negotiations with the other side will be a dead end. This dispute resolution strategy may pay off in the short term, but it’s important to factor in the long-term costs … Read Union Strikes and Dispute Resolution Strategies
Writing the Negotiated Agreement
Some negotiations end with a negotiated agreement that is a plan of action rather than a signed contract – for example, a plumber agrees to fix the tile damage caused by his work. Other negotiations wouldn’t be appropriate to commemorate in writing, such as how you and your spouse decide to discipline your young … Read Writing the Negotiated Agreement
4 Sales Negotiation Traps—and How to Overcome Them
Whether you’re planning to put your home up for sale, trying to unload excess merchandise, or searching for new clients, there’s a good chance you’ll make your next sales negotiation more challenging than it needs to be by falling into common cognitive traps. You can improve your sales negotiation skills by learning about four traps … Read More
Negotiation in Business: Apple and Samsung’s Dispute Resolution Case Study
For two days in late May 2012, Apple CEO Tim Cook and Samsung CEO Gee-Sung Choi met with a judge in the U.S. District Court of Northern California in an attempt to reach a settlement in a high-profile U.S. patent case, a sobering example of negotiation in business.
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Alternative Dispute Resolution (ADR) Training: Mediation Curriculum
In 2009, we collected many types of curriculum materials from teachers and trainers who attended the Mediation Pedagogy Conference. We received general materials about classes on Alternative Dispute Resolution (ADR) as well as highly specific and idiosyncratic units like Conflict Resolution through Literature: Romeo and Juliet and a negotiating training package for female managers … Read More
The Good Cop, Bad Cop Negotiation Strategy
The good cop, bad cop negotiation strategy is common in sales negotiations and other competitive contexts. Learn to identify and defuse this persuasion ploy when it’s tried on you.
… Read The Good Cop, Bad Cop Negotiation Strategy
How Does Mediation Work in a Lawsuit?
No one likes to go to court. Not only is it expensive and time-consuming, but it often leads to frustrating results and damaged relationships. So, how does mediation work in a lawsuit and is legal mediation a better route?
… Read How Does Mediation Work in a Lawsuit?
Dealing with Difficult People: Coping with an Insulting Offer in Contract Negotiations
The following “Ask the Negotiation Coach” question was posed to Dwight Golann, Suffolk University Law School professor and negotiation expert: “I deal with legal disputes and would like to find reasonable solutions without wasting years in court. But my opponents seem to feel compelled to make extreme—actually, insulting—opening offers. How should I respond to these … Read More
The Benefits of Coalitions at the Bargaining Table
Labor unions may be the most obvious example of a negotiating coalitions. When a company negotiates with an employee individually, it could threaten to hire someone else in the face of the employee’s demands. By contrast, when employees bargain collectively through a union, they avoid the need to compete against one another (at least on … Read More
Diplomatic Negotiations: The Surprising Benefits of Conflict and Teamwork at the Negotiation Table
Let’s take a look back at the 2008 US presidential election and the win-win coalition forged between Barack Obama and his then-rival, Hillary Clinton. As this example demonstrates, if carefully managed, disagreements and diplomatic negotiations can lead to better results than you might expect.
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What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
When it comes to dispute resolution, there are so many choices available to us. Understandably, disputants are often confused about which process to apply to their situation. This article offers some guidance.
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Reservation Point in Negotiation: Reach Negotiated Agreements by Asking the Right Questions
A reservation point negotiation is a bargaining scenario in which each side is trying to reconcile the other’s highest offer and the other’s lowest price. This negotiation example can apply to many other bargaining situations and demonstrates the value of open communication with your counterpart at the negotiation table.
… Read More
The Negotiation Process in China
With its booming economy and growing international consumer influence, the role of negotiation in international business is more important than ever and negotiation skills appropriate for China are in high-demand. Here are a few negotiation tips to help you successfully navigate your next round of business negotiations in China.
… Read The Negotiation Process in China
Labor Negotiation Strategies
No one likes strikes. They can be financially devastating to employers and employees alike. And because strikes inconvenience the public, whatever popular support striking workers gain may fade when a strike drags on over time.
… Read Labor Negotiation Strategies
Teaching with Multi-Round Simulations: Balancing Internal and External Negotiations
Whether in business, law, or international diplomacy, many negotiations are actually comprised of a multi-round process with negotiations internal to the organization preceding external ones. Using multi-round negotiation simulations can help students understand the connection between internal and external negotiations, handle more complex scenarios, and better get into their roles. Engaging in a multi-round negotiation … Read More
Negotiating Identity and Values-Based Disputes
How Do Parties in Conflict Negotiate Core Beliefs?
Identity and values-based disputes are particularly challenging to resolve, as identities are naturally inflexible and values are typically much less elastic than interest-based issues. In conventional interest-based negotiation, parties often do give up one thing in exchange for getting something they want more. This is often not possible … Read Negotiating Identity and Values-Based Disputes
5 Tips for Improving Your Negotiation Skills
The prospect of boosting our negotiation skills can be so overwhelming that we often delay taking the necessary steps we can follow to improve, such as taking time to prepare thoroughly. The following five guidelines will help you break this daunting task into a series of manageable—and often essential—strategies.
… Read 5 Tips for Improving Your Negotiation Skills
Mediation and the Conflict Resolution Process
It’s often the case that when two people or organizations try to resolve a dispute by determining who is right, they get stuck. That’s why so many disputes end up in court. There is a better way to resolve your dispute: by hiring an expert mediator who focuses not on rights but on interests—the needs, … Read Mediation and the Conflict Resolution Process
Advanced Negotiation Strategies and Concepts: Hostage Negotiation Tips for Business Negotiators
Upset by a delay in the delivery of one of your products, a longtime buyer threatens to turn to the media unless you meet his extreme demands. Not only is the relationship in jeopardy, but your company’s reputation seems to be as well. What should you do? Turn to some tried and true hostage negotiation … Read More
Top Ten Posts About Conflict Resolution
Conflict resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Conflict resolution sometimes requires both a power-based and an interest-based approach, such as the simultaneous pursuit of litigation (the use of legal power) and negotiation (attempts to reconcile each party’s … Read Top Ten Posts About Conflict Resolution
5 Types of Negotiation Skills
Business people who are looking for effective negotiation strategies often confront a dizzying array of advice. It can be useful to take a step back and categorize these strategies into various types of negotiation tactics. Highlighting the benefits of negotiation in business, the following five types of negotiation tactics can help you think more broadly … Read 5 Types of Negotiation Skills
Use Integrative Negotiation Strategies to Create Value at the Bargaining Table
How can you uncover additional value, make useful trades, and put together a package that exceeds your party’s expectations? Here are four integrative negotiation strategies for value creation that all negotiators should add to their toolkit.
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Finding Mutual Gains In “Non-Negotiation”
The National Football League’s Pittsburgh Steelers faced a dilemma. Mid-contract, the team’s star wide receiver, Antonio Brown, asked the team to improve upon the six-year, $42.5 million deal they negotiated back in 2012. Brown had risen to become the best receiver in football and believed he was underpaid.
… Read Finding Mutual Gains In “Non-Negotiation”
Managing Difficult Employees: Listening to Learn
Managing difficult employees is one of the biggest challenges that leaders face. When employees seem unreasonable, belligerent, or uncooperative, managers may be tempted either to brush aside the problem or, alternatively, to fly off the handle.
A better solution when managing difficult staff? Use negotiation techniques to get to the root of underlying problems. The following … Read Managing Difficult Employees: Listening to Learn
Deceptive Tactics in Negotiation: How to Ward Them Off
Deceptive tactics in negotiation can run rampant: parties “stretch” the numbers, conceal key information, and make promises they know they can’t keep. The benefits of negotiation in business offer strong incentives to detect these behaviors. Unfortunately, however, most of us are very poor lie detectors.
… Read More
Crisis Negotiation Skills: The Hostage Negotiator’s Drill
Here are some negotiating skills from the world of crisis negotiations: Hostage negotiators stress the importance of discussing the “drill”—goals, ground rules, and operating principles—with their team before beginning talks with a hostage taker.
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Sales Negotiation Techniques
In sales negotiations, making the first offer is often a smart move. The first offer can anchor the discussion that follows and can have a powerful effect on the final outcome.
… Read Sales Negotiation Techniques
Negotiation Skills: How to Become a Negotiation Master
Negotiation jujitsu means breaking the vicious cycle of escalation by refusing to react. Resistance should be channeled into activities such as “exploring interests, inventing options for mutual gain, and searching for independent standards.
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Negotiation with Your Children: How to Resolve Family Conflicts
Few negotiation examples in real life demonstrate the benefit of effective conflict resolution skills than those disputes that arise in the home, such as those between parents and children. Getting a good night’s sleep and eating a healthy dinner might seem like obvious goals for parents to have for their young children, but kids won’t … Read More
Police Negotiation Techniques from the NYPD Crisis Negotiations Team
Few negotiators can imagine negotiation scenarios more stressful than the kinds of crisis negotiations the New York City Police Department’s Hostage Negotiation Team undertake. But police negotiation techniques employed by the New York City Police Department’s Hostage Negotiations Team (HNT) in high-stakes, high-pressure crisis negotiation situations, outlined in an article from Jeff Thompson and Hugh … Read More
Negotiation in International Relations: Finding Common Ground
When thinking of negotiation in international relations, it’s difficult to think of any negotiation with higher stakes than those surrounding nuclear nonproliferation. Often conducted amid international conflict and public scrutiny, complicated by language and cultural barriers, and carried out under tight deadlines, talks aimed at ensuring that nuclear technology is used peacefully and that disarmament … Read More
10 Popular Business Negotiation Articles
Here are ten popular business negotiation articles on the Program on Negotiation website. Drawn from a variety of negotiation case studies as well as negotiation research, the following articles offer strategies for engaging in integrative negotiations aimed at creating win-win scenarios for each party at the negotiation table.
… Read 10 Popular Business Negotiation Articles
Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy
Executives rarely view themselves as diplomats engaged in international diplomacy but business negotiators often find the two fields share negotiation skills and negotiation techniques. Rightly or wrongly, diplomacy evokes images of frivolity – days spent wandering exotic capitals, nights spent cruising embassy cocktail parties.
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Four Ways to Manage Conflict in the Workplace
Samantha was livid. While making a presentation during a meeting that both attended, Brad, a newcomer in her department, had shared some slides during a presentation that were clearly based on ideas for a project she’d shared with him privately—without giving her credit. Samantha angrily confronted Brad in his office after the meeting; he became … Read Four Ways to Manage Conflict in the Workplace
Negotiated Agreements: Why You Should Limit Your Options
A process of finding your counterparts interests and reconciling them with your own. But what if you or your counterpart presents a myriad of options and offers at the negotiation table?
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5 Good Negotiation Techniques
You’ve mastered the basics of good negotiation techniques: you prepare thoroughly, take time to build rapport, make the first offer when you have a strong sense of the bargaining range, and search for wise tradeoffs across issues to create value. Now, it’s time to absorb five lesser-known but similarly effective negotiation topics and techniques that … Read 5 Good Negotiation Techniques
How to Remain Detached Yet Fully Engaged in Negotiations: Tips for Business Negotiators
“The test of a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time,” F. Scott Fitzgerald observed, “and still retain the ability to function.”
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Repairing Relationships Using Negotiation Skills
Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. Some of the most successful negotiation examples of the power of negotiation skills in dispute resolution is when they repair relationships between friends.
… Read Repairing Relationships Using Negotiation Skills
Conflict Management Skills When Dealing with an Angry Public
When negotiators get along well, creative problem solving is easy. When they become upset, however, they seem to forget everything they know about finding joint gain, to the point of giving up tangible wins simply to inflict losses on the other party. This is especially true in high-profile negotiations that turn nasty.
… Read More
Advice for Bargaining Abroad: Tips on How To Overcome Cultural Barriers
Imagine that you’re the CEO of a sports clothing manufacturer based in Chicago. You recently traveled to Amsterdam, the Netherlands, to meet with a distributor who has a rich and diverse network in the European sports market.
… Read More
Understanding the Negotiation Skills You Need to Negotiate with Friends and Family
Who achieves the best negotiated agreements: strangers, friends, or romantic partners? In a 1993 negotiation role-play simulation, Margaret Neale of Stanford University and Kathleen McGinn found that pairs of friends achieved higher joint gains than married couples and pairs of strangers.
… Read More
Are You Ready to Negotiate?
“Winging it” is a fine approach to life’s minor decisions, but when you negotiate, it can be disastrous. Follow these three preparation steps and improve your agreements.
… Read Are You Ready to Negotiate?
Self-Fulfilling Prophecies and Power in Negotiation
When you expect people to be competitive, it’s not only your own behavior that changes. You also set up a self-fulfilling prophecy, such that your expectations about the other side’s behavior lead him to behave in ways that confirm your expectations.
… Read More
Techniques for Improving Your Negotiating Ability
Many organizations subject their executives to rigorous performance reviews, yet few companies include negotiation effectiveness as one of the core competencies they track. Instead, negotiation is usually subsumed under categories such as “emotional intelligence,” or “persuasiveness” and negotiation techniques and their improvement through negotiation training are not a regular part of employee training programs.
… Read Techniques for Improving Your Negotiating Ability
Using Integrative Negotiation Techniques to Close the Deal
Like a contingency, a condition to a deal is a related though far less common deal-structuring technique. A condition is an ‘if’ statement like a contingency, but, whereas a contingency depends on unknown future events, a condition is entirely within the control of the parties involved.
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How to Overcome Cultural Barriers in Negotiation
Imagine that you’re the American representative of a U.S. food company, and you’re hoping to procure a new ingredient for several of your products from a German company. A representative from the company is flying in to meet with you. Do you expect your German counterpart to behave differently than the Americans you typically deal … Read How to Overcome Cultural Barriers in Negotiation
Business Negotiation Skills: How to Enhance Your Negotiated Agreement
A common topic in our business negotiations articles are negotiation topics in business about enhancing your deal after signing the negotiated agreement. After all, not all contracts are created equal.
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Dear Negotiation Coach: Which Negotiation Closing Techniques Will Get Me To The Finish Line?
When it seems we are on the cusp of closing a deal, we sometimes overlook the fact that there are still a number of important issues to address. Before rushing to a conclusion that your counterpart might not be ready for, consider one of the best closing negotiation techniques: taking a step back. We spoke … Read More
The Value of Using Scorable Simulations in Negotiation Training
At a Teaching Negotiation Resource Center (TNRC) faculty pedagogy seminar, members of the PON faculty and negotiation community gathered to hear Gordon Kaufman (MIT Morris A. Adelman Professor of Management, Emeritus) speak about how he uses quantifiable data to plot student-learning trajectories. The conversation focused on the ongoing debate within the negotiation pedagogy community regarding the way … Read More
Negotiating with Governments: How to Deal with Government Officials
Whether at the local, federal, or international level, negotiations with governments often involve unique pressures and constraints. Does the official at the table actually have decision-making authority? What kinds of regulatory or policy constraints are they operating under? Governments often pursue very different interests in negotiations from those of a private company. In Seven Secrets for … Read More
When Hard-Bargaining Isn’t Enough
Leonardo da Vinci’s painting Salvator Mundi has long been shrouded in mystery. The 16th-century portrait of Jesus Christ periodically disappeared over hundreds of years before being mistakenly sold at auction as another artist’s work for just £45 in 1958. In 2005, art dealers purchased the damaged painting for approximately $10,000 in an estate auction. After … Read When Hard-Bargaining Isn’t Enough
Dear Negotiation Coach: What Hostage Negotiations Can Teach Any Negotiator
Business negotiations often fail; meanwhile, hostage negotiations have an incredibly high success rate—up to 94%. We spoke with former police psychologist and hostage negotiator George A. Kohlrieser, the Distinguished Professor of Leadership and Organizational Behavior at IMD Business School in Switzerland and the author of Hostage at the Table: How Leaders Can Overcome Conflict, Influence Others, … Read More
Advanced Negotiation Techniques: Negotiating Partnerships Online
As the Covid-19 pandemic took hold in the spring of 2020, mergers and acquisitions (M&A) ground nearly to a halt. Many believed it would be impossible to build the trust and rapport needed to form successful partnerships from a distance. But as social distancing restrictions dragged on, deal making took off. Global companies struck deals … Read More
Diagnose Your Negotiation Techniques and Negotiation Style
How would you describe your negotiation techniques or negotiating style? Are you a cooperative negotiator who focuses on crafting negotiated agreements that benefit everyone, or do you actively compete to get a better deal than your counterpart?
… Read More
Integrative Negotiations, Value Creation, and Creativity at the Bargaining Table
When life becomes routine we are more likely to overlook details or, conversely, we cannot see the forest for the trees. In both instances, what we may lack is a creative outlook on the situation at hand. In negotiations, creativity can lead to value-creation for both parties.
… Read More
Overcoming Cross-Cultural Barriers to a Negotiated Agreement: Negotiation Ethics and International Negotiations
Cross cultural negotiation examples provide insights into how negotiation techniques change depending on the context in which negotiators find themselves. As Professor Cheryl Rivers of Queensland University of Technology in Brisbane, Australia, points out in a recent negotiation research literature review, seasoned negotiators often hear stories about the unethical behaviors of people of other nationalities.
… Read More
MESO Negotiation Strategies and Negotiation Techniques
MESO negotiation techniques for negotiators include creating value at the bargaining table by identifying multiple proposals of equal value and presenting them to your counterpart simultaneously. By making tradeoffs across issues, parties can obtain greater value on the issues that are most important to them. But how can you be sure you’re making the right … Read More
In Employment Contract Negotiation, “No Haggling” Isn’t the Answer
Back in spring 2015, Ellen Pao, the former CEO of social networking and news website Reddit, revealed in an interview with the Wall Street Journal that her company had taken a bold move in its efforts to create an “equal opportunity environment for everyone” at the company. Specifically, Reddit no longer negotiates salary with job … Read More
An Example of the Anchoring Effect
People tend to irrationally fixate on the first number put forth in a negotiation—the anchor—no matter how arbitrary it may be. Even when we know the anchor has limited relevance, we fail to sufficiently adjust our judgments away from it. This is the anchoring effect.
… Read An Example of the Anchoring Effect
What to Do When Your BATNA is Not Good Enough
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 What to Do When Your BATNA is Not Good Enough
New Conflict Management Skills: Understand How to Resolve “Hot Conflicts”
Negotiating effectively with colleagues can be more challenging than dealing with outsiders. Conventional wisdom advises addressing team conflict by staying focused on tasks and avoiding relationship issues. Yet a case study of conflict management by Harvard Business School professor Amy Edmondson and Diana McLain Smith of The Monitory Group concludes that this approach to dispute … Read More
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 in a negotiation.
… Read More
Negotiation Techniques from the M&A World
Negotiators often have to deal with more than one party to reach their goals and often tailor their negotiation techniques towards this end. These negotiation scenarios pose unique challenges, yet most negotiation advice focuses on talks between two parties.
… Read Negotiation Techniques from the M&A World
Integrative Negotiations: Using Social Proof as a Business Strategy
What do we do when we’re uncertain about how to behave in business negotiations? We study the behavior of others in similar situations.
… Read More
Teaching with Video-Based Negotiation Scenarios
Access to multimedia content has rapidly increased throughout the world, with videos and short clips permeating our daily life. We are consuming, producing, and interacting with videos more now than ever before. In light of increasing video fluency and interest in using videos in education, the Program on Negotiation’s Teaching Negotiation Resource Center is creating … Read Teaching with Video-Based Negotiation Scenarios
Nagorno-Karabakh: Decades Old Conflict Resurfaces Between Armenia and Azerbaijan
The brutal conflict between Armenia and Azerbaijan over the disputed territory of Nagorno-Karabakh has resurfaced in recent weeks, bringing devastation to many communities in the region.
Nagorno-Karabakh, located in the Caucasus Mountains, is internationally recognized to be part of Azerbaijan, but is politically controlled by an Armenian ethnic majority. Armenia and Azerbaijan fought a war over … Read More
Negotiation Techniques: How to Predict a Negotiator’s Decisions
Improving your negotiation skills can only take you so far – eventually you need to assess you behavior preferences as a negotiator. Being able to predict how you will behave in a given bargaining scenario will help you augment the negotiation training you have received as well as help you achieve better outcomes at the … Read More
How to Use MESOs in Business Negotiations
It’s not uncommon in business negotiations to find yourself on the brink of impasse. You and your counterpart have exchanged a series of offers and counteroffers, and you’ve met somewhere close to the middle—but not close enough. With each side firmly rooted in its position, there may seem to be no way forward.
… Read How to Use MESOs in Business Negotiations
Definition of the Winner’s Curse in Negotiations
The winner’s curse negotiations, when a negotiator overbids for an item due to competitive pressure or other non-value related factors, is a major pitfall that integrative bargainers should seek to avoid.
… Read Definition of the Winner’s Curse in Negotiations
Advanced Negotiation Techniques: Online Dispute Resolution
Amid the Covid-19 pandemic, negotiators are increasingly making deals and resolving disputes online. But a trend toward online dispute resolution (ODR) was already in the making before we all began to quarantine. On July 15, experts discussed how technology can help us effectively and efficiently resolve disputes in a roundtable discussion, “AI Agents Negotiating Deals … Read More
Ask A Negotiation Expert: Network Building in the Middle East
A lack of effective communication has worsened ongoing conflicts in the Middle East. In 2014, regional stakeholders created the Negotiation Strategies Institute (NSI) to promote communication across disputing governments and other groups affected by the conflict. With the Harvard Negotiation Project (HNP) as its academic sponsor, NSI holds an intensive 10-month executive program each year … Read More
Advanced Negotiation Techniques: Get the Most out of Negotiation Training
So, you’re thinking about taking a negotiation course but are not sure if it will be worthwhile. Or maybe you attended one recently (or not so recently) and are wondering whether you are effectively applying what you’ve learned to the negotiations in your business and personal life.
Unfortunately, even after the best negotiation training courses, many … Read More
Best Alternative to a Negotiated Agreement: Beyond the Basics
What is your greatest source of power in negotiation? In their landmark negotiation book Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 1991), Roger Fisher, William Ury, and Bruce Patton write that it is often a strong BATNA, or best alternative to a negotiated agreement. Before and during their negotiations, wise negotiators determine their … Read More
Negotiation Research and Improving Your Negotiation Techniques: The Similarity Effect in Business Negotiations
Negotiators mimic the behaviors of those they consider peers. What implications does this have for negotiating styles at the bargaining table? To build rapport, social science and negotiation research advise to bargainers to look for common ground.
… Read More
Professional Negotiators: Give Texts a Chance
Do you negotiate via text? If you’re a young person early in your career, your answer may be an emphatic yes. If you’re a little older, maybe you answered no. Even so, if you took a closer look at the saved text messages on your smartphone, you might find you’ve recently negotiated the division of … Read Professional Negotiators: Give Texts a Chance
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 Best-In-Class Negotiation Case Studies
Hostage Negotiation Techniques for Business Negotiators
What do FBI hostage negotiation techniques and business dealmaking have in common? Not a lot, we might assume. In workplace talks, lives are rarely at stake, and tensions seldom escalate into violence. Yet dig a bit deeper, and similarities emerge: just as in a crisis negotiation, business talks can be highly charged, unpredictable, and emotional.
In … Read More
Mandated Mediation: What to Expect
More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors—and even, in some cases, in agreements with their own employees. ADR clauses can be beneficial for all concerned if it means avoiding the cost, delay, and uncertainty of going to court. Mandated mediation, in particular, may offer … Read Mandated Mediation: What to Expect
Effective Negotiation Techniques: Strive for a Precision Advantage
As you may have noticed, the first offer made in a negotiation often has a significant influence on the final outcome. In their research, psychologists Daniel Kahneman and Amos Tversky documented that the first number introduced in a negotiation serves as an “anchor” that can be impossible to ignore—no matter how irrelevant, outrageous, or insulting … Read More
Grading a Negotiation: Examples of How to Evaluate Student Performance
Whether to grade student role-play performance, process and outcomes is a tricky question. Jim Lawrence, a long-time PON contributor, simulation author, attorney and practicing mediator with Frost Brown Todd LLC, recently shared his thoughts on the value and purpose of grading students participating in negotiation simulations.
… Read More
Win-Win Negotiation Techniques: Create Value with Rivals
Even experienced negotiators often make the mistake of treating important talks as a win-lose negotiation. Overlooking effective win-win negotiation techniques, they focus on trying to claim as much value as they can without trying to create new sources of value.
It’s also the case that competitors in a given market or field may fail to recognize … Read More
Negotiation Techniques and Tactics: Power Plays
Imagine you’re a chef who is having trouble finding cooks in an oversaturated restaurant market. You’re so desperate to get fully staffed that you find yourself making significant concessions on salary, scheduling, and other issues during interviews with potential hires.
… Read Negotiation Techniques and Tactics: Power Plays
In This Greece Crisis Negotiation, Tough Conditions May Have Affected the Deal
During a crisis negotiation, all that may seem to matter is reaching a deal as quickly as possible. The desire to head off a disaster may lead crisis negotiators to forego the usual comforts of life, such as sleep, in their single-minded pursuit of their goal.
… Read More
MESO Negotiation: Learn from a Seller’s Market
What negotiating skills can negotiators take away from hyper competitive bargaining situations? With home sales heating up (again) in some parts of the United States, homebuyers are facing competition they haven’t seen since before the real-estate bubble burst back in 2008, and it’s showing up in the form of packed open houses, multiple bids above … Read MESO Negotiation: Learn from a Seller’s Market
Peace and Conflict Resolution with Difficult Partners
When peace and conflict resolution are your goals, what should you do when your would-be counterpart doesn’t want to come to the negotiating table? U.S. president Donald Trump faces this question as he tries to determine the right path to take with North Korea.
Tensions have ratcheted up lately as concerns mount that North Korea could … Read More
Integrative Negotiation Examples: MESOs and Expanding the Pie
In our society, we’re bombarded with a multitude of decisions each day, beginning with the increasingly complex question of how to order our morning coffee. In his book The Paradox of Choice: Why More Is Less (Ecco, 2004), Swarthmore College psychology professor Barry Schwartz describes the contemporary phenomenon of becoming exhausted by “the tyranny of … Read More
Types of Power in Negotiation: Using Negotiation Research to Eliminate Gender Difference in Bargaining Scenarios
Here are four strategies from negotiation research on types of power in negotiation and how to minimize gender differences in bargaining scenarios and in negotiations.
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Great Negotiators vs. Great Negotiations: The Program on Negotiation’s Great Negotiator Teaching Series
Teaching negotiation using case studies focused on the efforts of great negotiators can help achieve several pedagogical goals at the same time. Developed by Professor James Sebenius of Harvard Business School, the Program on Negotiation’s Great Negotiator case study series, available from the PON Clearinghouse, highlights the lessons learned by each recipient of PON’s Great … Read More
Managing Cultural Differences: Negotiation Strategy and Diplomacy
Diplomats deal with difficult people when engaging in international negotiations in ways integrative negotiators may find useful for developing their negotiation skills.
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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.
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Modest Goals Gave Hope to Syria Peace talks
In international negotiations and other complex multiparty negotiations, should you set ambitious goals right from the start or begin with more modest ones?
Aiming high can lead to dramatic payoffs if you succeed, but the difficulty of orchestrating complicated international negotiations can increase the risk of impasse. By contrast, starting with more modest goals may suggest … Read Modest Goals Gave Hope to Syria Peace talks
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.
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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
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.
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With Second Book Deal, Amy Schumer Gets the Last Laugh
Dissatisfied with her initial book contract, comedian Amy Schumer used her negotiation skills to bargain for an even better contract. Find out how she did it in this article drawn from examples of negotiation in real life.
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The Program on Negotiation’s Top Ten International Negotiations Posts
Whether dealing with difficult or hard bargainers like Putin or forging business partnerships, international negotiations are fraught with a level of complexity rarely encountered in everyday negotiations. Here are the top ten international negotiation articles on the Program on Negotiation’s website.
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Business Negotiation Techniques and Dealmaking – Bargaining with Agents
When using an agent in negotiation, your negotiation strategy and definitely the negotiation techniques you use to achieve success at the bargaining table change – but how much so? How different is negotiating with an agent from negotiating with an equal counterpart? In this article the Program on Negotiation explores the business negotiation techniques negotiators … Read More
International Negotiation: Your Own Worst Enemy?
Knowing how to manage your own internal conflicts before engaging in negotiations is an invaluable negotiation skill negotiators should develop prior to engaging in international negotiations, business or otherwise.
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Conflict Resolution: To Avoid Destructive Competition, Take the Pledge
Cooperative negotiators know that more value can be had at the bargaining table if they take an integrative bargaining approach to negotiations. Read here to find out how much value negotiators can create by cooperating with counterparts.
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Share Your Stories With The Negotiation Community
At the Program on Negotiation (PON) at Harvard Law School, we know that learning from your peers can be extremely valuable. That’s why we’d like to ask you to share your experiences using the role-play simulations, videos, and other materials available through the Teaching Negotiation Resource Center (TNRC) at PON.
Our goal is for you to … Read Share Your Stories With The Negotiation Community
Business Negotiation Advice: When Your Image is Everything
Turning to another questionable negotiation from Illinois politics, in 2005, then–U.S. senator Barack Obama and his family bought a house in Chicago. On the same day the Obamas closed on the property, the wife of real estate developer Antoin Rezko bought an adjacent parcel of land. Rezko was a key fundraiser for Obama’s Senate campaign.
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Dealmaking and Business Negotiations: 6 Tips for Novice Hagglers
Whether you’re purchasing a new home or car, or negotiating a discount on an inventory purchase for your firm, the art of haggling enables negotiators to make a strong claim for their share of the pie. Here are six tips from the Negotiation Briefings newsletter to help you start becoming a better at haggling in … Read More
Negotiate with Your Kids?
Adapted from “Negotiate Better Relationships with Your Children,” first published in the Negotiation newsletter.
Getting a good night’s sleep and eating a healthy dinner might seem like obvious goals for parents to have for their young children, but kids won’t always agree. When faced with back talk, tantrums, and tears, most parents vacillate between laying down … Read Negotiate with Your Kids?
Making and Using Films to Teach Negotiation
Access to multimedia content is rapidly increasing throughout the world, with videos and short clips permeating our daily life – whether in gas stations, on ATMs, cell phones, or mobile entertainment devices. We are consuming, producing, and interacting with videos more now than ever before: YouTube is the third-most visited website on the Internet, the … Read Making and Using Films to Teach Negotiation
Negotiating with Your Children
Negotiating with your children may seem counterintuitive but parents can build stronger relationships with them by implementing a problem-solving approach when trying to resolve family conflicts.
In his book How to Negotiate with Kids…Even When You Think You Shouldn’t (Viking, 2003), Scott Brown, a founder of the Harvard Negotiation Project at Harvard Law School, outlines a … Read Negotiating with Your Children
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Articles & Insights
BATNA
- Business Negotiations
- Contract Negotiations and Business Communication: How to Write an Iron-Clad Contract
- Negotiation in Business: Starbucks and Kraft’s Coffee Conflict
- Negotiation Tactics, BATNA and Examples for Creating Value in Business Negotiations
- Relationship-Building in Negotiation
- Dealing with Cultural Barriers in Business Negotiations
- Conflict Resolution
- Crisis Negotiations
- Dealing with Difficult People
- Dealmaking
- Dispute Resolution
- The Door in the Face Technique: Will It Backfire?
- Choose the Right Dispute Resolution Process
- Dispute Resolution on Facebook: Using a Negotiation Approach to Resolve a Conflict
- In Contract Negotiations, Agree on How You’ll Disagree
- Conflict Negotiation Strategies: When Do Employees Choose to Negotiate?
- International Negotiation
- Leadership Skills
- Mediation
- Types of Mediation: Choose the Type Best Suited to Your Conflict
- What Makes a Good Mediator?
- Employee Mediation Techniques – Resolve Disputes and Manage Conflict with These Mediation Skills
- Using E-Mediation and Online Mediation Techniques for Conflict Resolution
- How Mediation Works When Both Parties Agree They Need Help Resolving the Dispute
- Negotiation Skills
- Negotiation Training
- Trust in Negotiation: Does Gender Matter?
- Negotiation Training: What’s Special About Technology Negotiations?
- Cole Cannon Esq. Shares His Negotiation and Leadership Experience
- Gender and Negotiation: New Research Findings
- Ethics and Negotiation: 5 Principles of Negotiation to Boost Your Bargaining Skills in Business Situations
- Salary Negotiations
- Teaching Negotiation
- Win-Win Negotiations