Notable Negotiations

10 Notable Negotiations of 2021

As seen in our 10 Notable Negotiations of 2021, individuals, organizations, and governments struggled in 2021 to cope with the effects of the Covid-19 pandemic using negotiation and conflict-resolution techniques.

Challenged by pandemic-era uncertainty, mounting political divides, and other obstacles, negotiators had difficulty coming together in 2021. But our list of 10 Notable Negotiations of 2021 includes a few bargaining highs amid the many lows.

10. That’s entertainment? Movie and TV crews have long faced hazardous working conditions, grueling schedules, and tight budgets—challenges exacerbated by the pandemic. These and other issues were at the center of labor negotiations between Hollywood film studios and the International Alliance of Theatrical Stage Employees, the union for film crew members in the United States and Canada. In October, after months of hard bargaining and impasse, the two sides hurriedly cobbled together a deal to avoid a strike.

9. Workers demand more. Labor shortages in many parts of the globe had workers expecting and asking for more in 2021. To attract new workers, many employers are offering them salaries and benefits comparable to those of tenured employees—which has led these more established employees to ask for more in return. Employees of some large organizations are using the power they’ve gained during the labor shortage to try to unionize. Although the majority of workers at an Amazon warehouse in Alabama voted against unionizing in April, a Buffalo, N.Y.–area Starbucks became the only U.S. store in the coffee chain to form a union in December.

8. Rivals team up for vaccine production. After pharmaceutical company Merck failed to develop an effective Covid-19 vaccine in early 2021, U.S. officials asked the company to help competitor Johnson & Johnson (J&J) bring its vaccine to the public. Merck initially balked but agreed to take the plunge after the government offered more than $250 million toward the effort. Having transformed its facilities at lightning speed, Merck is now contributing 500,000 J&J doses daily to the global fight against Covid. Also in 2021, Swiss pharmaceutical firm Novartis and French drugmaker Sanofi jumped in to help Pfizer and BioNTech produce their highly effective Covid-19 vaccine. As these stories show, crisis negotiations can harness rivals’ complementary capabilities.

Negotiation Skills

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7. The Biden administration puts the brakes on mergers and acquisitions. In the realm of M&A negotiation, the Biden administration undertook sweeping efforts to curb corporate consolidations and promote competition this year. In March 2020, during the Trump administration, insurance giants AON and Willis Towers Watson announced a $30 billion merger. In June 2021, the U.S. Department of Justice sued to block the deal, arguing that the combined companies would create an anticompetitive “behemoth” that would disadvantage customers. As the case dragged on, the insurers opted to call off the deal. In November, the Justice Department sued to block publisher Penguin Random House’s planned $2.18 billion acquisition of Simon & Schuster, arguing that fewer publishers would lower advances for authors—a charge the companies refuted.

6. Juries weigh in on race-related shootings. Recent shootings of unarmed Black citizens in the United States and subsequent calls for justice played out in several high-profile jury trials in 2021. In April, a Minneapolis jury voted to convict former police officer Derek Chauvin of murdering George Floyd. In November, a jury in Kenosha, Wisc., acquitted Kyle Rittenhouse on all charges related to his shooting of three people, two fatally, during unrest following the police shooting of Jacob Blake. Also in November, a jury found three Georgia men guilty of the murder of Ahmaud Arbery. Although the deliberations and outcomes varied, the trials highlighted the heavy responsibility juries face in having to negotiate and decide the fate of their peers.

5. New fractures form in the U.S. Supreme Court. Since becoming Chief Justice of the Supreme Court in 2005, John Roberts has sought to negotiate consensus agreements, aiming to keep the court from appearing partisan on contentious issues such as abortion and gun control. That goal appears more difficult as the court shifted conservative with the recent appointments of Brett Kavanaugh and Amy Coney Barrett. At December oral arguments regarding a Mississippi abortion law, Roberts floated a compromise position but appeared to have no takers. The Court’s behind-the-scenes negotiations are sure to culminate in memorable decisions in 2022.

4. In U.S. Congress, roadblocks ahead. With the U.S. Congress at least as divided and rancorous as much of the country, its efforts to pass legislation were painstaking and often unsuccessful. Lacking Republican support, Senate Democrats were repeatedly stymied by two of their members, Kyrsten Sinema and Joe Manchin. Still, the bodies negotiated enough votes for passage of the $1.9 trillion American Rescue Plan in March and a $1 trillion bipartisan infrastructure bill in November. And in December, Senate minority leader Mitch McConnell surprised Democrats by agreeing in negotiations with majority leader Chuck Schumer to remove Republican opposition to raise the debt ceiling.

3. As migration accelerates, negotiations fail. Migration swelled worldwide in 2021, exacerbated by the pandemic and climate change, but government negotiations to address the challenge have been half-hearted. In December, after the tragic deaths of at least 27 migrants in the English Channel, British prime minister Boris Johnson and French president Emmanuel Macron blamed each other rather than committing to jointly working together on the issue. The same month, the Biden administration pulled out of negotiations to make financial restitution to about 5,500 migrant families harmed by a Trump-era policy that separated parents and children at the U.S. border with Mexico.

2. The United States reengages globally. Upon being sworn in on January 20, U.S. president Joe Biden brought the United States back into the Paris climate agreement and the World Health Organization, and renewed the New START nuclear nonproliferation treaty with Russia. Though these steps marked a reengagement with the world after former president Donald Trump’s retreat, longtime global negotiating partners at times felt shut out of the White House’s decision making. The chaotic U.S. withdrawal from Afghanistan in August alarmed NATO allies, a security agreement with Australia and the United Kingdom ruffled feathers with France, and renewed nuclear negotiations with Iran quickly stalled.

1. Vaccine distribution failures continue. Negotiating Covid-19 vaccine purchases on behalf of the European Union, the European Commission spent precious time haggling with vaccine manufacturers for a good deal on price and other issues. The result was a relatively slow vaccine rollout relative to that of the United States, Great Britain, and Israel. More broadly, the failure of wealthy nations to jointly negotiate an orderly and comprehensive rollout of Covid-19 vaccines worldwide continued to resonate in 2021. A nationalist approach to vaccine dealmaking and distribution likely contributed to new Covid-19 variants springing up in places where vaccines have been in short supply.

What other notable negotiations of 2021 would you add to our list?

Negotiation Skills

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How to Respond to Questions

How to Respond to Questions in Negotiation

In negotiation, answering certain questions directly can put us at a disadvantage. Discover how to respond to questions by deflecting with a question of your own, as an effective alternative.

What’s the toughest question you’ve ever been asked during a negotiation? Do you know how to respond to questions when they’re out of your comfort zone? If you negotiate frequently, it might be hard to narrow it down to just one. Focusing on job interviews, here are a few negotiation questions that candidates often dread:

  • “How much do you earn at your current position?”
  • “We’re looking for a long-term commitment. Can you see yourself working here in five years?”
  • “Do you have any other offers?”
  • “What are your minimum salary requirements?”

Such questions are intimidating not because we don’t know the answers, but because we don’t want to share the information that’s being requested. Most of us feel compelled to respond honestly and completely to direct questions, even when doing so could hurt us. If you are currently underpaid, for example, answering the first question truthfully is liable to keep you that way. (In fact, a number of U.S. states and cities have made it illegal for employers to ask job interviewers what they currently earn because the question puts women and minorities, who earn less than white men overall, at a disadvantage.)

Negotiation Skills

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Build powerful negotiation skills and become a better dealmaker and leader. Download 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.


Other common strategies for how to answer a question that is tough don’t seem much better. Declining to answer a tough question— “I’d rather not answer that” or “I’ll have to get back to you”—can seem evasive. So can dodging—that is, answering a different question than asked, such as saying “I was very happy at my last company” when asked how much you earned there. What about providing truthful statements with the intention to deceive—for instance, saying “My company is generous to its employees” when you personally are underpaid? Negotiators generally perceive such so-called paltering as dishonest, and it increases the odds of impasse, Harvard Kennedy School professor Todd Rogers and his colleagues have found—not to mention that lying outright (such as saying “I’m considering several great offers” when you have none) is never a good choice. So is there a better way to know how to respond to questions in negotiation?

Fortunately, there appears to be a better strategy for responding to difficult questions in job negotiations and beyond. In a new study published in the Journal of Personality and Social Psychology, researchers T. Bradford Bitterly of the University of Michigan and Maurice E. Schweitzer of the University of Pennsylvania find that deflecting a tough question with a question of your own can help you avoid sharing sensitive information without being deceptive or irritating your counterpart.

How to Respond to Questions with An Artful Response

Across several experiments, Bitterly and Schweitzer looked at how participants responded to deflection as compared to other types of responses to difficult direct questions, including answering truthfully, declining to answer, lying outright, paltering, and dodging. They found that deflecting a tough question with another question conveys curiosity rather than caginess—and is often an effective means of redirecting the conversation away from information you’d rather not share.

In one online experiment, for example, participants were asked to read a transcript of a fictitious negotiation between an art dealer who was trying to sell a painting to a prospective buyer. The painting was said to be one in a series by a recently deceased artist, Jim Brine, and would be much more valuable to the buyer if he or she owned other paintings in the series.

All participants read that the seller asked the buyer, “Are you familiar with Jim Brine, the artist?” Participants then read one of the following buyer responses:

  • Honest disclosure: “I actually bought [another painting in the series] a couple years ago at an auction.”
  • Decline to respond:“I’m not prepared to discuss my collection right now.”
  • Lie of commission:“I’ve never heard of Brine, I just think this piece could look great next to the fireplace.”
  • Palter: “I’m not a professional collector or anything like that.”
  • Dodge: “I’m in town for a couple of days, and I noticed some other paintings at other galleries that I also liked.”
  • Deflection condition: “Didn’t he pass away recently?”

Deflection yielded better economic outcomes for the buyer than honest disclosure. Participants also said they trusted, liked, and would be more interested in negotiating again with a seller who deflected than with one who declined to respond. And while lying, paltering, and dodging at first generated better results than deflection, when participants were told that the buyer had hidden information, deflection proved to be a more effective strategy.

How to Respond to Questions in a Well-Balanced Way

Overall, among the techniques that Bitterly and Schweitzer tested, responding to a question with a deflecting question was the best way to improve one’s economic and relational outcomes. Participants tended to respond positively to deflection because they viewed the other party’s question as an attempt to seek additional information rather than as an attempt to obfuscate, another experiment showed. Not surprisingly, participants liked those who responded to a question with a follow-up question better than those who responded with an unrelated question.

In sum, “By responding to a question with a question, individuals can maintain favorable interpersonal impressions, capture economic surplus by avoiding revealing potentially costly economic information, and avoid the risks inherent in using deception,” write Bitterly and Schweitzer.

In the past we’ve discussed a useful strategy for resolving the “negotiator’s dilemma”—the inherent tension in negotiation between cooperating and competing: making multiple, equivalent simultaneous offers. Deflection appears to offer another way to help resolve the negotiator’s dilemma, as it allows us to avoid sharing information that could harm us financially while still appearing cooperative.

Negotiation Skills

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Preparing to make questions less difficult

Bitterly and Schweitzer caution that negotiators would be wise to practice their use of deflection, as responding to a question with another question may feel awkward and unnatural. Whether you intend to try deflection or not, it’s always a good idea to prepare for difficult questions, writes Harvard Business School professor James K. Sebenius in a November 2012 Negotiation Briefings article titled “Are You Ready for the ‘Hardest Questions?’”

Sebenius recommends taking time before negotiating to identify difficult questions the other party might ask. Then brainstorm possible responses and choose the one that seems like it would maximize your outcomes while preserving your relationship with the other party. Practice your answers, perhaps by role-playing the negotiation with a trusted colleague.

Once you get to the bargaining table, if your counterpart asks a difficult question that you were expecting, don’t assume he or she is trying to exploit you. “Listen carefully to the other party’s words and for the intent behind them,” writes Sebenius. “Don’t blurt out a prepared response unless it fits the situation.”

Preparing to face difficult questions can help us identify additional data we need to gather, other steps we should take, and various strategies we might try to “steer the negotiation away from the hardest question in the first place,” writes Sebenius. Doing so will put you in a stronger bargaining position and make you feel more comfortable walking away from a subpar agreement.

Are your questions good enough?

Improving your ability to answer tough questions is just one communication challenge in negotiation. Another is ensuring that you ask good questions yourself—ones that move the negotiation forward rather than leaving your counterpart feeling defensive and guarded.

Here are a few types of questions that are generally unproductive, according to University of California at Santa Barbara professor emerita Linda Putnam:

  • Closed questions that can be answered with a yes or no, such as, “Are you satisfied with this offer?”
  • Leading questions that state your position rather than gather information— for instance, “Wouldn’t you agree that we’ve made great progress so far?”
  • Loaded questions that, by conveying judgment, are likely to anger or offend your counterpart, such as, “What offer can you make other than this unfair one?”

The following guidelines will help you ask questions that generate useful information and help build a trusting relationship with your counterpart:

  • Ask neutral, open-ended questions that encourage elaboration: “How can we deepen your satisfaction with this offer?”
  • Ask circular questions—a series of questions that explore the interests underlying the other party’s positions: “What do you think is missing from our agreement so far?” “Do you think there are other people who should be involved in the discussion?” “Can you tell me more about the work they do and how they might contribute to our proposed partnership?”
  • Ask for their advice—for example, “I’ve never worked with a PR firm before. Based on your experience, what do I need to know to better understand your company?” Because most people like giving advice, questions that ask for their expertise can engage them in finding a solution that works for all parties involved, according to Tufts University professor Jeswald Salacuse.
  • Ask “Why?” Negotiators often become so fixated on determining what the other party wants that they forget to ask why they want it. Asking “Why?” encourages negotiators to reveal the purpose behind their intentions—and could lead to the discovery of valuable tradeoffs.
  • Ask closed questions to detect deception. While open-ended questions are best at stimulating productive dialogue, closed questions do have a time and place: Specifically, they’re better at sniffing out deception, research by Maurice Schweitzer of the Wharton School and Julia Minson of the Harvard Kennedy School finds. For example, the question “Has this car ever been in an accident?” will generally inspire a more honest answer than “Can you tell me more about this car’s history?”

Do you know how to respond to questions in negotiation? What else would you like to know?

Negotiation Skills

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taylor swift batna

Taylor Swift: Negotiation Mastermind?

Taylor Swift and her family were unhappy with the deals that film studios were offering to mount her Eras Tour film in theaters--so she exercised her BATNA, skipped the middlemen, and got out of the woods.

What should you do when a negotiation is crumbling? Some people redouble their efforts—conducting more research, holding longer meetings, and scraping together more financing. Others look around for a better deal away from that particular negotiating table—that is, they explore their best alternative to a negotiated agreement, or BATNA. As Matthew Belloni reports for Puck, Taylor Swift and her family are those types of visionary negotiators—ones whose real-world negotiation examples we can all learn from. 

If This Was a Movie

In the spring of 2023, AMC Theatres CEO Adam Aron got a call from a friend who was acquainted with Scott Swift, Taylor Swift’s father. The friend reportedly told Aron that Scott had had an epiphany about a “crazy idea” and wanted to chat, reports Belloni. 

As it turned out, the Swifts had been negotiating with Hollywood film studios to distribute a concert film of Taylor’s blockbuster touring show, The Eras Tour, but were displeased with the terms they’d been offered. They wondered if they could bypass the studios and put the film, which they were producing themselves, directly into theaters.

Negotiation Skills

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Build powerful negotiation skills and become a better dealmaker and leader. Download 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.


For Aron, negotiating with the Swifts was a no-brainer. Yes, he risked ticking off the studios he negotiates with regularly by cutting them out of a deal to bring the film to market. But AMC and other theater chains had been burned by the studios many times in recent years, as when they sent their films direct to streaming services during the Covid-19 pandemic and limited the time films spent in theaters even as the pandemic waned. For struggling AMC, it had been near-death by a thousand cuts

Plus, the film was as close as they come to a guaranteed hit. As the North American leg of the red-hot Eras Tour wrapped up in August, it had racked up an estimated $2.2 billion in ticket sales, making it the highest-grossing tour of all time. Millions of “Swifties” were sure to clamor to see it on the big screen. And the film would offer a much-needed injection of star power amid the Screen Actors Guild and American Federation of Television and Radio Artists (SAG-AFTRA) writers and actors strike. The release dates of many films have been pushed back, as actors are prohibited from promoting them during the strike. 

Swift and her team saw that they didn’t need the studios anyway—a smart BATNA analysis. She and her family had hired director Sam Wrench and paid for the movie themselves, and she could market it directly to her 365 million social media followers. Nor was there a concern about releasing the film before the international leg of the Eras Tour kicks off in November, notes Belloni: Those shows are already sold out.

Look What You Made Me Do

Given the many upsides, AMC’s Aron leapt at the chance to personally negotiate a term sheet directly with Scott and Andrea Swift, Taylor’s mom. No agents or lawyers were involved until the deal needed to be written up, according to Belloni. 

Over the course of several weeks, the two sides worked out a negotiated agreement in which 43% of gross ticket sales will stay with the theaters, and 57% will be shared between the Swifts and AMC, with AMC serving as distributor. Theaters needed to commit to screen the movie for at least four weeks—a relatively long “theatrical window”—and for up to 26 weeks before terms might change. The Swifts also secured the ability to put the film on streaming services after 13 weeks in theaters. AMC, meanwhile, negotiated to distribute the film to other theater chains, such as Regal and Cinemark, and to retain all revenue from concessions. 

“The Swifts will make a fortune, of course, but they’re actually leaving money on the table, and that’s on purpose,” writes Belloni. That’s because the family’s primary goal was to make the Eras Tour “accessible to as many fans as possible,” especially those who couldn’t afford tickets to the tour. Ticket prices for the film—$19.89 for adults, $13.13 for kids—were set “artificially low,” according to Belloni.

Ready for It?

Predictably, Swift’s August 31 surprise announcement of the film’s October 13 release thrilled Swifties and generated brisk box-office sales. Some insiders think Taylor Swift: The Eras Tour could open to a record $100 million in sales, according to the Hollywood Reporter

The Hollywood studios shut out of the deal also were taken by surprise. Some felt compelled to rearrange release dates for highly anticipated films, such as The Exorcist: Believer and What Happens Later, Meg Ryan’s return to romantic comedy, to avoid competing with Swift. For AMC and other theater chains looking forward to October 13, it was sheer karma.

Better Than Revenge

Swift and her family are known for being savvy negotiators. Their negotiations with AMC to bring their film to a theater near you underscore that reputation and offer compelling lessons to business negotiators seeking closure:

  • Shake it off and look around. We can become so engrossed in trying to make a negotiation work that we don’t explore our BATNA and even forget that other partners exist. The Swifts avoided this trap by recognizing they didn’t actually need the movie studios—and could negotiate with a theater chain instead. 
  • Try to avoid bad blood. Before cutting a party out of a deal they value, as AMC did, you’ll want to consider potential long-term repercussions, such as losing the relationship or triggering vengeful behavior. You may be able to help the other side calm down with conciliatory behavior, such as offering to discuss other potential partnerships.
  • Keep your end game in sight. Negotiators often put so much stock in getting a great deal financially that they lose sight of other priorities. Swift stayed true to her goal of making her film available to fans who couldn’t get tickets to her live show, even if it meant sacrificing a bit of profit. 

What advice do you have for managing difficult or delicate negotiations?

 

Negotiation Essentials Online – December 17 – 18, 2024

NEGOTIATION ESSENTIALS ONLINE
DECEMBER 17 – 18, 2024


Program Agenda
DAY 1: Tuesday, December 17, 2024
GETTING STARTED
MORNING:

Module 1: Preparing to Negotiate
9:00 a.m. – 12:30 p.m. ET

Examine core frameworks of negotiation, including the importance of principled bargaining and shared problem-solving.

Alongside your fellow participants, you will:

  • Learn the elements of negotiation
  • Receive useful advice on preparing for negotiations
  • Start to shift to thinking systematically about the negotiation process
  • Discover how to manage the negotiation process
  • Find your own voice in leading negotiations

Through negotiation exercises and interactive discussions, you will examine ways to structure the bargaining process to allow for joint problem-solving, brainstorming, and collaborative fact-finding. These frameworks will help you think more clearly and set the stage for productive negotiations.

AFTERNOON:

Module 2: Creating and Claiming Value
1:30 p.m. – 5:00 p.m. ET

In this module you will explore the “Negotiator’s Dilemma” and strategies for creating value while ensuring your fair share of distributed value.

Alongside other professionals, you will:

  • Acquire strategies for creating value
  • Discover how to create trust by sharing information
  • Strategize on how to claim value and use tension to your advantage
  • Learn how to make multiple offers simultaneously
  • Work to craft a post-settlement settlement
  • Apply knowledge to a commercial situation

Day 1 will conclude with a brief summary of modules 1 and 2.

DAY 2: Wednesday, December 18, 2024
PSYCHOLOGY OF NEGOTIATION
MORNING:

Module 3: Managing Emotions in Negotiation
9:00 a.m. – 12:30 p.m. ET

In conflicts and negotiations, emotions are inevitable. To be effective, negotiators must learn to navigate personality differences, differing agendas, and other emotional challenges. This module focuses on understanding and addressing emotional dynamics that arise in everyday negotiations.

During this module, you will:

  • Gain expert tips for dealing with the emotional components of negotiations
  • Examine the five core concerns that motivate people and learn how to use them
  • Explore the roles of autonomy, appreciation, affiliation, status, and positions in negotiations
  • Learn to apply techniques in a family business scenario where tensions are high
  • Take part in a case study that features an emotionally charged negotiation scenario
  • Collaborate with your fellow participants to develop approaches for effectively diffusing and addressing the situation
AFTERNOON:

Module 4: Dealing with Difficult Conversations
1:30 p.m. – 5:00 p.m. ET

Discover breakthrough strategies for dealing with difficult conversations that often arise in negotiations. This module focuses on understanding the interpersonal dynamics at play in tough conversations, with a goal of taking negotiations from difficult to collaborative.

Alongside your fellow participants, you will:

  • Acquire tools for dealing with difficult conversations
  • Start to shift your mindset to reach agreements
  • Watch a video of a faculty expert coaching a negotiation participant in a nonprofit setting
  • Work to balance strong feelings and the desire to be right with the desire to strike a deal
  • Acquire proven negotiation tips, such as the importance of consulting before deciding

After learning about difficult conversations, you will complete the course’s most intensive simulation yet, using your newly acquired skills.

Day 2 will conclude with a wrap-up and summary of all modules.

Designed for maximum impact, this program will feature:

  • Interactive Zoom sessions led by a PON instructor
  • Engaging and educational prerecorded videos, featuring seven world-class PON faculty members from across Harvard, MIT, and Tufts
  • Case studies based on real-world experience
  • Opportunities to negotiate and engage in discussion with your fellow participants from all over the world, both over Zoom and email

Our Faculty

Our team is comprised of world-renowned faculty from across Harvard, MIT, and Tufts.

Your Negotiation Essentials Online Instructor:
Brian Mandell
Brian Mandell
  • Mohammad Kamal Senior Lecturer in Negotiation and Public Policy, Harvard Kennedy School
  • Director, Harvard Kennedy School Negotiation Project
  • Faculty Associate, Center for Public Leadership, Harvard Kennedy School
  • Vice Chair for Executive Education for the Program on Negotiation at Harvard Law School
  • Senior Research Associate, Belfer Center for Science and International Affairs, Harvard Kennedy School
  • Senior Fellow, Future of Diplomacy Project, Harvard Kennedy School
  • Faculty Co-Chair, Mastering Negotiation: Building Sustainable Agreements, Harvard Kennedy School
  • Chair, Wexner Senior Leaders Program, Harvard Kennedy School

Brian Mandell is a preeminent teacher and curriculum designer at the Harvard Kennedy School, where he leads an innovative, intensive annual workshop course on advanced multiparty negotiation and conflict resolution.

Professor Mandell refined his case teaching methods in international affairs as a Pew Faculty Fellow and subsequently trained faculty from across the United States in case method pedagogy with a special emphasis on teaching and writing cases for international security studies.

He is a multiple recipient of the school’s Most Influential Course Award, the Manuel C. Carballo Award for Excellence in Teaching, and the Dean’s Award for Teaching Excellence. Through the Negotiation Project, Professor Mandell designs and produces multiparty negotiation exercises that focus on the challenges of cross-boundary collaboration.

Additionally, he is designing and developing curriculum material for graduate students and congressional staffers in the Hewlett Foundation’s Madison Initiative on strengthening bipartisan legislative negotiation in Congress.

Educational Videos Feature Expert Faculty:
Guhan Subramanian
Guhan Subramanian

Faculty Chair, Program on Negotiation at Harvard Law School; Joseph H. Flom Professor of Law and Business, Harvard Law School; H. Douglas Weaver Professor of Business Law, Harvard Business School; Faculty Chair, JD/MBA Program, Harvard University

The first person at Harvard University to hold tenured appointments at Harvard Law School and Harvard Business School, Guhan Subramanian is an educator, dealmaker, and leader. As the Chair of the Program on Negotiation, he spearheads negotiation and mediation training programs for more than 3,000 professionals each year. Subramanian’s research focuses on corporate governance and law, and negotiation. He has authored several world-renowned books including, Dealmaking: The New Strategy of Negotiations.

Gabriella Blum
Gabriella Blum

Rita E. Hauser Professor of Human Rights and International Humanitarian Law, Harvard Law School; Vice-Dean for the Graduate Program and International Legal Studies, Harvard Law School

Faculty Director of the Program on International Law and Armed Conflict, Gabriella Blum is widely published in public international law and the law and morality of war. Blum studied law and economics at Tel Aviv University, and joined the Israel Defense Forces, becoming a senior legal advisor. During her service, she worked on the Israeli–Arab peace negotiations, cooperation with foreign forces, and administering to the occupied Palestinian territories. She joined the Israeli National Security Council as a strategy advisor before joining Harvard Law School in 2005.

William L. Ury
William L. Ury

Senior Fellow, Harvard Negotiation Project; Co-founder, Program on Negotiation at Harvard Law School

William Ury has served as a negotiation adviser and mediator in conflicts ranging from corporate mergers to ethnic wars in the Middle East and is one of the world’s leading experts on negotiation. He is also the author of The Power of a Positive No: Save the Deal, Save the Relationship—and Still Say No and co-author (with Roger Fisher and Bruce Patton) of Getting to Yes: Negotiating Agreement without Giving In, an eight-million-copy bestseller translated into more than 30 languages.

James Sebenius
James Sebenius

Gordon Donaldson Professor of Business Administration, Harvard Business School; Director, Harvard Negotiation Project

James K. Sebenius specializes in analyzing and advising on complex negotiations. At the Program on Negotiation, he is director of the Harvard Negotiation Project, Co-chair of the Great Negotiator Award Committee, and Co-founder/Director of the Negotiation Roundtable. He also holds the Gordon Donaldson Professorship of Business Administration at Harvard Business School.

Max Bazerman
Max Bazerman

Executive Committee Member, Program on Negotiation at Harvard Law School; Jesse Isidor Strauss Professor of Business Administration, Harvard Business School; Co-director, Center for Public Leadership, Harvard Kennedy School

Max Bazerman is a leader in decision-making, negotiation, and behavioral ethics. He has consulted and lectured in 30 countries, and wrote or collaborated on 20 books, including Negotiation Genius. He has an honorary doctorate from the University of London and an Aspen Lifetime Achievement Award, and is one of Ethisphere’s 100 Most Influential in Business Ethics. Bazerman was named a Daily Kos Hero for revealing how the Bush administration corrupted the RICO tobacco trial.

Daniel L. Shapiro
Daniel L. Shapiro

Associate Professor of Psychology, Harvard Medical School / McLean Hospital; Director, Harvard International Negotiation Program; Associate Director, Harvard Negotiation Project

Professor Shapiro’s research focuses on the emotion and identity in negotiation and conflict resolution. He is author of Negotiating the Nonnegotiable and co-author with Roger Fisher of Beyond Reason: Using Emotions as You Negotiate. He has published extensively and developed innovative psychological models on relational factors driving conflict and its resolution. Professor Shapiro specializes in building theory and testing it in real-world contexts. He launched successful conflict resolution initiatives in the Middle East, Europe, and East Asia and chaired the World Economic Forum’s Global Agenda Council on Conflict Resolution Administration at Harvard Business School.

Sheila Heen
Sheila Heen

Thaddeus R. Beal Professor of Practice, Harvard Law School; Deputy Director, Harvard Negotiation Project; Founder, Triad Consulting

Sheila Heen has developed negotiation theory and practice at the Harvard Negotiation Project since 1995. She specializes in difficult negotiations – where emotions run high and relationships are strained. Heen is the co-author of two New York Times bestsellers. She has written for the Harvard Business Review, and for the New York Times as a guest expert and Modern Love columnist. Heen is also a Founder of Triad Consulting Group, a corporate education and consulting firm that serves clients on six continents. Her clients have included Pixar, Hugo Boss, the NBA, and the Federal Reserve Bank.

Negotiation Essentials Online – June 3 – 5, 2025

NEGOTIATION ESSENTIALS ONLINE
JUNE 3 – 4, 2025


Program Agenda
DAY 1: Tuesday, June 3, 2025
GETTING STARTED
MORNING:

Module 1: Preparing to Negotiate
9:00 a.m. – 12:30 p.m. ET

Examine core frameworks of negotiation, including the importance of principled bargaining and shared problem-solving.

Alongside your fellow participants, you will:

  • Learn the elements of negotiation
  • Receive useful advice on preparing for negotiations
  • Start to shift to thinking systematically about the negotiation process
  • Discover how to manage the negotiation process
  • Find your own voice in leading negotiations

Through negotiation exercises and interactive discussions, you will examine ways to structure the bargaining process to allow for joint problem-solving, brainstorming, and collaborative fact-finding. These frameworks will help you think more clearly and set the stage for productive negotiations.

AFTERNOON:

Module 2: Creating and Claiming Value
1:30 p.m. – 5:00 p.m. ET

In this module you will explore the “Negotiator’s Dilemma” and strategies for creating value while ensuring your fair share of distributed value.

Alongside other professionals, you will:

  • Acquire strategies for creating value
  • Discover how to create trust by sharing information
  • Strategize on how to claim value and use tension to your advantage
  • Learn how to make multiple offers simultaneously
  • Work to craft a post-settlement settlement
  • Apply knowledge to a commercial situation

Day 1 will conclude with a brief summary of modules 1 and 2.

DAY 2: Wednesday, June 4, 2025
PSYCHOLOGY OF NEGOTIATION
MORNING:

Module 3: Managing Emotions in Negotiation
9:00 a.m. – 12:30 p.m. ET

In conflicts and negotiations, emotions are inevitable. To be effective, negotiators must learn to navigate personality differences, differing agendas, and other emotional challenges. This module focuses on understanding and addressing emotional dynamics that arise in everyday negotiations.

During this module, you will:

  • Gain expert tips for dealing with the emotional components of negotiations
  • Examine the five core concerns that motivate people and learn how to use them
  • Explore the roles of autonomy, appreciation, affiliation, status, and positions in negotiations
  • Learn to apply techniques in a family business scenario where tensions are high
  • Take part in a case study that features an emotionally charged negotiation scenario
  • Collaborate with your fellow participants to develop approaches for effectively diffusing and addressing the situation
AFTERNOON:

Module 4: Dealing with Difficult Conversations
1:30 p.m. – 5:00 p.m. ET

Discover breakthrough strategies for dealing with difficult conversations that often arise in negotiations. This module focuses on understanding the interpersonal dynamics at play in tough conversations, with a goal of taking negotiations from difficult to collaborative.

Alongside your fellow participants, you will:

  • Acquire tools for dealing with difficult conversations
  • Start to shift your mindset to reach agreements
  • Watch a video of a faculty expert coaching a negotiation participant in a nonprofit setting
  • Work to balance strong feelings and the desire to be right with the desire to strike a deal
  • Acquire proven negotiation tips, such as the importance of consulting before deciding

After learning about difficult conversations, you will complete the course’s most intensive simulation yet, using your newly acquired skills.

Day 2 will conclude with a wrap-up and summary of all modules.

Designed for maximum impact, this program will feature:

  • Interactive Zoom sessions led by a PON instructor
  • Engaging and educational prerecorded videos, featuring seven world-class PON faculty members from across Harvard, MIT, and Tufts
  • Case studies based on real-world experience
  • Opportunities to negotiate and engage in discussion with your fellow participants from all over the world, both over Zoom and email

Our Faculty

Our team is comprised of world-renowned faculty from across Harvard, MIT, and Tufts.

Your Negotiation Essentials Online Instructor:
Florrie Darwin, PON Affiliated Faculty
Florrie Darwin, PON Affiliated Faculty
  • Faculty, Harvard Trade Union Program
  • Senior Research Fellow, Harvard Labor and Worklife Program
  • Visiting Professor, University of Freiburg

Florrie Darwin has been a Lecturer on Law, teaching negotiation at the Harvard Law School (HLS), where she also co-created the course, Negotiation and Leadership. She is a Senior Research Fellow in the Labor and Worklife Program at HLS and has served as a mediator and instructor in the Harvard Mediation Program. In addition to her work at HLS, Darwin has been an Adjunct Professor of Law at the Georgetown University Law Center, a Senior Fellow teaching negotiation in the law masters program at the University of Melbourne, and a visiting professor at the University of Freiburg.

She has led workshops for professionals at leading companies, healthcare organizations, universities, and law firms—including Coca-Cola, Johnson & Johnson, Clifford Chance, Massachusetts General Hospital, the Harvard Graduate School of Design, and the École Nationale d’Administration. Darwin has also led advanced negotiation workshops for the European Commission in Brussels, the European Central Bank, and diplomats at the United Nations. She is an honors graduate of Columbia University and the Harvard Law School, where she was an editor of the Harvard Law Review.

Educational Videos Feature Expert Faculty:
Guhan Subramanian
Guhan Subramanian

Faculty Chair, Program on Negotiation at Harvard Law School; Joseph H. Flom Professor of Law and Business, Harvard Law School; H. Douglas Weaver Professor of Business Law, Harvard Business School; Faculty Chair, JD/MBA Program, Harvard University

The first person at Harvard University to hold tenured appointments at Harvard Law School and Harvard Business School, Guhan Subramanian is an educator, dealmaker, and leader. As the Chair of the Program on Negotiation, he spearheads negotiation and mediation training programs for more than 3,000 professionals each year. Subramanian’s research focuses on corporate governance and law, and negotiation. He has authored several world-renowned books including, Dealmaking: The New Strategy of Negotiations.

Gabriella Blum
Gabriella Blum

Rita E. Hauser Professor of Human Rights and International Humanitarian Law, Harvard Law School; Vice-Dean for the Graduate Program and International Legal Studies, Harvard Law School

Faculty Director of the Program on International Law and Armed Conflict, Gabriella Blum is widely published in public international law and the law and morality of war. Blum studied law and economics at Tel Aviv University, and joined the Israel Defense Forces, becoming a senior legal advisor. During her service, she worked on the Israeli–Arab peace negotiations, cooperation with foreign forces, and administering to the occupied Palestinian territories. She joined the Israeli National Security Council as a strategy advisor before joining Harvard Law School in 2005.

William L. Ury
William L. Ury

Senior Fellow, Harvard Negotiation Project; Co-founder, Program on Negotiation at Harvard Law School

William Ury has served as a negotiation adviser and mediator in conflicts ranging from corporate mergers to ethnic wars in the Middle East and is one of the world’s leading experts on negotiation. He is also the author of The Power of a Positive No: Save the Deal, Save the Relationship—and Still Say No and co-author (with Roger Fisher and Bruce Patton) of Getting to Yes: Negotiating Agreement without Giving In, an eight-million-copy bestseller translated into more than 30 languages.

James Sebenius
James Sebenius

Gordon Donaldson Professor of Business Administration, Harvard Business School; Director, Harvard Negotiation Project

James K. Sebenius specializes in analyzing and advising on complex negotiations. At the Program on Negotiation, he is director of the Harvard Negotiation Project, Co-chair of the Great Negotiator Award Committee, and Co-founder/Director of the Negotiation Roundtable. He also holds the Gordon Donaldson Professorship of Business Administration at Harvard Business School.

Max Bazerman
Max Bazerman

Executive Committee Member, Program on Negotiation at Harvard Law School; Jesse Isidor Strauss Professor of Business Administration, Harvard Business School; Co-director, Center for Public Leadership, Harvard Kennedy School

Max Bazerman is a leader in decision-making, negotiation, and behavioral ethics. He has consulted and lectured in 30 countries, and wrote or collaborated on 20 books, including Negotiation Genius. He has an honorary doctorate from the University of London and an Aspen Lifetime Achievement Award, and is one of Ethisphere’s 100 Most Influential in Business Ethics. Bazerman was named a Daily Kos Hero for revealing how the Bush administration corrupted the RICO tobacco trial.

Daniel L. Shapiro
Daniel L. Shapiro

Associate Professor of Psychology, Harvard Medical School / McLean Hospital; Director, Harvard International Negotiation Program; Associate Director, Harvard Negotiation Project

Professor Shapiro’s research focuses on the emotion and identity in negotiation and conflict resolution. He is author of Negotiating the Nonnegotiable and co-author with Roger Fisher of Beyond Reason: Using Emotions as You Negotiate. He has published extensively and developed innovative psychological models on relational factors driving conflict and its resolution. Professor Shapiro specializes in building theory and testing it in real-world contexts. He launched successful conflict resolution initiatives in the Middle East, Europe, and East Asia and chaired the World Economic Forum’s Global Agenda Council on Conflict Resolution Administration at Harvard Business School.

Sheila Heen
Sheila Heen

Thaddeus R. Beal Professor of Practice, Harvard Law School; Deputy Director, Harvard Negotiation Project; Founder, Triad Consulting

Sheila Heen has developed negotiation theory and practice at the Harvard Negotiation Project since 1995. She specializes in difficult negotiations – where emotions run high and relationships are strained. Heen is the co-author of two New York Times bestsellers. She has written for the Harvard Business Review, and for the New York Times as a guest expert and Modern Love columnist. Heen is also a Founder of Triad Consulting Group, a corporate education and consulting firm that serves clients on six continents. Her clients have included Pixar, Hugo Boss, the NBA, and the Federal Reserve Bank.

email negotiation

Teach Your Students How to Have Difficult Conversations Over Email

Negotiating over email has its own unique challenges and opportunities. For example, people often assume that the emails they have sent are read immediately and so experience anxiety when there isn’t a prompt response, failing to account for reasonable delays. Email negotiations also provide a permanent record of what is discussed which can be a useful reference point. All of this is made more complex when trying to engage in difficult conversations over email, where differing perceptions are exacerbated and clear communication is critical. The Teaching Negotiation Resource Center (TNRC) has a simulation to help students learn how to successfully engage in difficult conversations over email: Rose Lane.

Rose Lane – Featured Email Simulation

This two-party, email-based, multi-issue issue negotiation deals with a dispute between neighbors over one sharing their home on a home-sharing website, and having difficult conversations in relationships with low trust. A resident of the picturesque town of Pottenstein, Germany is frustrated with their neighbor’s listing of their home as a property on the popular home-sharing site, HomeBNB, due to the prevalence of large parties, noise pollution, and the general disruption of the formerly quiet neighborhood.

M. Schmidt, a branch manager of a local bank, reaches out via email to their next-door neighbor, D. Harberer, about the use of their home on the popular home-sharing site, HomeBNB. Schmidt has grown increasingly frustrated by the prevalence of frequent large groups of rock climbers, who party and play music late into the night. Schmidt and Haberer met two years ago when Haberer first bought the property but have not had contact since. Schmidt has attempted to reach out to Haberer through various channels but has not been able to make contact with Haberer. Schmidt once attempted to contact Haberer through HomeBNB but was notified that the house was not rented through HomeBNB at the time of the complaint. Haberer does not know anything about the raucous parties and entrusts rental management to their daughter, Julia.

Frustrated with their inability to contact Haberer, Schmidt mobilized the neighborhood’s social media group where they initially received significant support. Haberer has been notified by Julia that Schmidt has talked about Haberer, by name, on social media, something that Haberer has taken great offense to. After two years of increasing frustration, Schmidt has reached out to the local government and was surprised with their response: come to a resolution within 30 days or we’ll bring your case to the larger governing body and make a region-wide ruling.

Schmidt and Haberer will email each other to see if they can find a resolution to this conflict. For both parties, their alternatives if they are not able to find agreement with one another are not good. For Schmidt, going to the City Council would be a lose-lose outcome. If the City Council rules to restrict home sharing within the region, Schmidt is worried they will be the focal point for an angry and desperate public. If they do not restrict home sharing, they face an uncertain future: they feel sure they can’t continue to live next to the Haberers, but they also can’t afford to move. On the other hand, Haberer feels very certain that the government will rule in favor of Schmidt and increase restrictions on home sharing. If this were to happen Haberer is not sure what they would do – they’re not financially ready to retire and move to Rose Lane, but they can’t afford to sell their house. Major lessons of this simulation include:

  • Identifying challenges related to negotiating via email and generating strategies to overcome these challenges.
  • Negotiating with very weak alternatives (BATNA).
  • Having difficult conversations in relationships with low trust.

Download a free preview copy of the Rose Lane Teacher’s Package to learn more about this simulation.

______________________

Take your training to the next level with the TNRC

The Teaching Negotiation Resource Center offers a wide range of effective teaching materials, including

TNRC negotiation exercises and teaching materials are designed for educational purposes. They are used in college classroom settings or corporate training settings; used by mediators and facilitators seeking to introduce their clients to a process or issue; and used by individuals who want to enhance their negotiation skills and knowledge.

Negotiation exercises and role-play simulations introduce participants to new negotiation and dispute resolution tools, techniques and strategies. Our videos, books, case studies, and periodicals are also a helpful way of introducing students to key concepts while addressing the theory and practice of negotiation.

Check out all that the TNRC has in store >>

AI Chatbox

AI Mediation: Using AI to Help Mediate Disputes

AI mediation is on the rise, with chatbots increasingly assisting human mediators in resolving disputes. Here’s what AI mediation is capable of—and where it falls short.

The rise of artificial intelligence (AI) tools such as ChatGPT and OpenAI has touched the world of negotiation and conflict resolution in numerous ways. The growth of AI has led to legal disputes over how chatbots have been trained. And chatbots have been used in procurement and as negotiation coaches.

AI increasingly has been enlisted to help mediate disputes. AI mediation might not yet be commonplace, but before long, it is likely to play an integral role in dispute resolution. Here, we consider the risks and potential benefits of using AI in mediation.

Negotiation Skills

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Risks of AI Mediation

Currently, the biggest risk of using AI in mediation is the possibility that it will introduce errors into the process. Many of us have seen comical (and sometimes frightening) news stories of chatbots behaving bizarrely, as when ChatGPT produced strange “hallucinations” in response to simple questions, unsettled a New York Times reporter with creepy declarations of love, and produced inedible Thanksgiving recipes.

With chatbots in their infancy, the risk that they will deliver inaccurate or even harmful mediation advice is real. “We have all heard about lawyers using chat-based tools to augment their writings and including ‘hallucinations’ such as made-up case citations,” writes Christopher K. Poole, CEO of alternative dispute resolution provider JAMS. When unchecked by human mediators, AI mediation risks running afoul of laws and ethical standards.

In addition, generative AI is ill-equipped to help parties cope with the strong emotions that often come up during mediation. “Mediators’ skill in managing emotions such as anger, frustration, and fear—which may be fueling the conflict—is central to the dispute resolution process, and mediators create an environment where participants can express their emotions in constructive ways,” writes Joseph Panetta for Bloomberg Law.

For these and other reasons, when designing mediation software NextLevel, mediator Robert Bergman and his team concluded that chatbots such as ChatGPT should not be entrusted with making decisions in mediation but could serve as an effective assistant, “complementing and augmenting the mediator’s capabilities.” Most current forms of AI mediation similarly assist trained mediators rather than substituting for them.

Benefits of AI Mediation

Disputes often involve large volumes of data, which AI can quickly sift through and analyze. “Generative AI tools, trained on vast data sets, have exceptional capacity for natural language processing, allowing them to rapidly search, compare, summarize, and extract insights from large volumes of text, images, and data,” according to the American Arbitration Association.

The AI tool CoCounsel, for example, was trained with OpenAI to analyze documents and complete other tasks for lawyers. AI can save mediators and disputants time and money by quickly performing tasks that would take humans hours, days, or months to complete.

Increasingly in AI mediation, chatbots are more closely involved in the negotiations themselves. For example, generative AI tools can pose questions aimed at identifying parties’ underlying interests, propose offers, and predict the likelihood that such offers will be accepted. In AI mediation, human mediators might opt to compare their own lists of questions to those generated by AI technology to make sure they haven’t missed anything.

In addition, AI could theoretically make mediation more impartial by helping to correct for the biases that affect human decision making. “Because AI systems are not influenced by emotions or personal biases, they are less likely to make decisions based on subjective factors,” according to Miles Mediation & Arbitration.

A Novel Use of Chatbots in Mediation

In one recent mediation process, parties’ apparent skepticism about AI appeared to help them break through an impasse on their own—suggesting an interesting use of chatbots in mediation.

Experienced mediator Myer Sankary was mediating a contract dispute regarding the wrongful termination of a lease, write Sonja Weisheit and Christoph Salger in a Mediate article. The landlord was seeking $550,000 from the guarantor, who refused to pay more than $120,000.

With the parties at an impasse, Sankary asked ChatGPT for advice on what number to propose to the parties. The chatbot recommended $275,000. Sankary thought this was more than the tenant would be willing to pay. Still, he asked the disputants’ lawyers if their clients would agree to accept ChatGPT’s number—which would remain unknown to them—in the event of impasse. The parties agreed.

The prospect of abiding by ChatGPT’s advice motivated the parties to resume their settlement negotiations. Ultimately, the tenant offered $270,000—just $5,000 less than ChatGPT’s recommendation—and the landlord accepted. The two sides signed their settlement agreement, then asked what ChatGPT had recommended. After hearing the number, both sides remained satisfied with their negotiated deal.

In this mediation, Sankary cleverly capitalized on AI by motivating the parties to negotiate on their own. The parties’ desire to avoid entrusting ChatGPT with their negotiation led to a mutually beneficial agreement.

What experiences have you had with AI mediation?

Negotiation Skills

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mediation training

Mediation Training: What Can You Expect?

In-house mediation training is becoming common as leaders seek to resolve disputes between employees internally. Here’s what to expect from mediation training in your office.

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

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The Benefits of Mediation

In mediation, a neutral third party tries to help parties in conflict hammer out a resolution that is sustainable, voluntary, and nonbinding.

As employees learn in mediation training, mediation has a number of benefits as a dispute-resolution process. In workplace mediation, it enlists the employees themselves in finding a solution to their shared problem. By brainstorming and collaborating, employees often strengthen their relationship during mediation and are better equipped to work together in the future.

Mediation is also a relatively fast and inexpensive means of resolving disputes, even when the cost of mediation training is factored in. Because mediation is often effective at reducing tensions, it’s often smart to start with this fairly inexpensive process before turning to arbitration or litigation.

Through mediation training, employees will learn valuable skills that may enable them to help their coworkers:

  • Air negative emotions with the goal of being heard and understood;
  • Listen to criticism and complaints without becoming defensive;
  • Brainstorm solutions that would satisfy all parties involved; and
  • Foster an environment where employees feel comfortable mediating disputes.

6 Stages of Mediation

In her chapter, “Mediation,” in The Handbook of Dispute Resolution (Jossey-Bass, 2005), professional mediator Kimberlee K. Kovach outlines typical mediation guidelines:

  1. Planning. Before mediation begins, the mediator helps the parties decide where they should meet and who should be present.
  2. Mediator’s introduction. With the parties gathered together in the same room, the mediator introduces the participants, outlines the mediation process, and lays out ground rules.
  3. Opening remarks. Each side then has the opportunity to pre­sent its view of the dispute without interruption. In addition to describing the issues they believe are at stake, they may also take time to vent their feelings.
  4. Joint discussion. Next, the mediator and the disputants are free to ask questions with the goal of arriving at a better understanding of each party’s needs and concerns. Because disputing sides often have difficulty listening to each other, mediators repeat back what they have heard and ask for clarification when necessary.
  5. Caucuses. If emotions run high, the mediator might split the two sides into separate rooms for private meetings, or caucuses, which are typically confidential. The promise of confidentiality can encourage disputants to share new information about their interests and concerns.
  6. Negotiation. At this point, it’s time to begin formulating ideas and proposals that meet each party’s core interests. Some resolutions will truly be “win-win”; others will be just barely acceptable to one or both sides. If the parties come to a consensus, the mediator will outline the terms and may write up a draft agreement.

Mediation Training for Leaders

Rather than imposing a decision, a trained mediator applies communication skills, objectivity, and creativity to help disputants reach their own voluntary solution to the conflict. In his book, Leading Leaders: How to Manage Smart, Talented, Rich, and Powerful People, Tufts University professor Jeswald Salacuse notes that for leaders, this role can be more complicated. Unlike an actual mediator, managers will have to live with the outcome of the dispute on a daily basis. Their personal allegiances, experiences with the disputants, and objectives may lead them to have strong opinions about the best result.

In addition, managers will want the negotiated solution to satisfy the interests of the broader organization as well as those of the disputants. For these reasons, leaders need to adapt mediation skills to their purposes. As long as the disputants respect their authority, leaders may feel empowered to try to change the behavior of one or both sides to serve the organization’s best interests, writes Salacuse. A manager might be able to do so by offering rewards, imposing punishment, or applying specialized expertise, for example. However, for sensitive personnel issues, a neutral, professional mediator can be a better choice.

In sum, by engaging in mediation training, managers may be able to help their coworkers get along better—and get back to work.

Have you ever used mediation training to resolve disputes in the workplace?

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Negotiating with Difficult Personalities

Negotiating with Difficult Personalities and “Dark” Personality Traits

Research illuminates challenges of negotiating with difficult personalities, and the performance of people with “dark” personality traits at the bargaining table.

Have you ever found yourself negotiating with difficult personalities, or negotiating with someone who seemed entirely ruthless and lacking in empathy? From time to time, we may end up in the deeply unsettling position of negotiating with someone who appears to have no concern for us or our outcomes.

People who are antisocial, lack empathy, and habitually engage in impulsive, manipulative, and even cruel behavior are believed to make up just 1% of the general population. (Psychologists refer to such people as psychopaths. We’re largely avoiding this term because in popular culture, the term psychopath has become associated almost exclusively with violent criminals. In fact, the vast majority of people who score high on psychopathy are not violent and do not engage in criminal behavior.)

Yet some experts have argued that people with such antisocial personalities could be more prevalent in the business world than in other fields.

“Without the inhibiting effect of a conscience,” writes Middlesex University Business School professor Clive Roland Boddy in the journal Management Decision, such people are able to “ruthlessly charm, lie, cajole and manipulate their way up an organizational hierarchy in pursuit of their main aims of power, wealth and status and at the expense of anyone who gets in their way.” Furthermore, people with such personalities often are driven by the desire for control, dominance, and prestige—qualities that tend to be valued and rewarded by many corporations, notes University of California at Davis professor Robert Emmons.

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Until now, little has been known about how people with such personality traits, or with the other two so-called dark personalities, Machiavellianism and narcissism, negotiate. (People scoring high on Machiavellianism are ruthlessly and selfishly concerned with personal gain. Those scoring high on narcissism tend to be self-absorbed and view themselves as better than others.) However, several articles in the journal Personality and Individual Differences reached some preliminary conclusions about how individuals who score high on what psychologists refer to as the dark triad—psychopathic personality, Machiavellianism, and narcissism—negotiate. The findings could provide defensive advice for those who are negotiating with difficult personalities.

When Negotiating with Difficult Personalities, a Selfish Orientation Has Advantages and Disadvantages

People with ruthless, antisocial personalities may perform better at some types of negotiation, but at others they are at a distinct disadvantage, Leanne ten Brinke of the University of California, Berkeley, and her University of British Columbia coauthors Pamela J. Black, Stephen Porter, and Dana R. Carney found in a 2015 study.

The researchers paired undergraduate students in a business class and had them engage in a negotiation simulation involving the sale of a family business where the potential existed to both claim and jointly create value. Two months after they negotiated, as part of a class assignment on understanding one’s personality, the students completed an online survey that assessed their dark-triad personality traits using measures well validated in previous research.

Those who scored high on psychopathy (but not Machiavellianism or narcissism) claimed more value in their negotiations than those who scored lower on the trait. However, those with psychopathic personality traits were less effective than others at creating value. These results canceled each other out: those with psychopathic traits performed similarly to the other negotiators overall. (Pairs of negotiators scoring higher on psychopathic traits reached slightly worse overall outcomes than pairs scoring lower on these traits, but the difference wasn’t statistically significant.)

Thus, individuals with ruthless, antisocial personalities appear to behave as selfishly at the bargaining table as we might expect. Though their competitive orientation may not hurt them in the short run, it could become an impediment to them and their counterparts over the long term if it prevents trusting, reciprocal relationships from developing. When negotiating with competitive parties who seem unconcerned about your outcomes, highlight what they personally stand to gain from behaving more collaboratively.

An Online Advantage When Negotiating with Difficult Personalities

In another study, University of British Columbia researchers Lisa Crossley, Michael Woodworth, Pamela J. Black, and Robert Hare looked at whether people who score high on psychopathy, narcissism, and Machiavellianism perform better, relative to themselves and others, when negotiating face to face or online. The team assessed participants’ personalities and then paired them and had them engage in a hypothetical negotiation over concert tickets, either in person or using a computer chat feature. The negotiation was purely competitive, with no opportunities to create value.

The results showed that those scoring high on the dark-triad personality traits performed significantly better when negotiating face to face than when negotiating online. When they negotiated via computer, they reached worse results than other negotiators. Notably, negotiators doing business online lack the rich verbal and nonverbal cues—from gestures to tone of voice to eye contact—that can help them influence their counterparts. Such cues may be particularly crucial to those scoring high on the dark personality traits, since they rely heavily on their ability to charm, manipulate, and intimidate others.

Thus, if you have strong reason to believe that a counterpart typifies one of these three dark traits, you might be able to reduce your odds of being manipulated or intimidated by negotiating online, particularly in competitive onetime bargaining situations.

A final note: Negotiators often err in assuming that their counterparts are irrational. More often than not, the other party is simply facing constraints or stresses that are causing his behavior to seem irrational. Before playing armchair psychologist, give the other party the benefit of the doubt by asking questions aimed at determining whether some unseen pressure could explain his behavior.

 The Narcissistic Negotiator

Narcissism is on the rise, psychologists tell us. Is society’s collective increase in self-regard affecting how we behave at the negotiating table?

In a 2015 study by University of Richmond professor Dejun Tony Kong, undergraduates paired up and engaged in a negotiation simulation. After negotiating, those who scored high on narcissism on a personality test rated their negotiating partners as significantly less competent than did those who scored lower on narcissism. However, despite their dismissive attitudes toward their partners, those with narcissistic tendencies did not actually perform better than their counterparts in the negotiation.

As compared with other negotiators, those with narcissistic tendencies also viewed their counterparts as less benevolent; consequently, they trusted them less. Somewhat ironically, however, their counterparts viewed the narcissistic negotiators as more benevolent and thus more trustworthy than others.

In their drive to bolster their self-image, narcissists constantly compare themselves with others and find ways to view themselves as superior. This tendency appears to lead them to a distorted view of their negotiating skills and a suspicious attitude that could worsen their outcomes, whether they recognize it or not.

Have you negotiated with difficult people? What was the outcome?

Adapted from the article “Negotiating with the Most Difficult People of All” in the June 2016 issue of Negotiation Briefings, the Program on Negotiation’s monthly newsletter of advice for professional negotiators. 

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types of mediation

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

Various types of mediation are available to disputants who are seeking an efficient and relatively low-cost resolution to their conflict. Which one should you choose?

When parties involved in a serious conflict want to avoid a court battle, there are types of mediation can be an effective alternative. In mediation, a trained mediator tries to help the parties find common ground using principles of collaborative, mutual-gains negotiation. We tend to think mediation processes are all alike, but in fact, mediators follow different approaches depending on the type of conflict they are dealing with. Before choosing a mediator, consider the various styles and types of mediation that are available to help resolve conflict.

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7 Types of Mediation

Facilitative Mediation

In facilitative mediation or traditional mediation, a professional mediator attempts to facilitate negotiation between the parties in conflict. Rather than making recommendations or imposing a decision, the mediator encourages disputants to reach their own voluntary solution by exploring each other’s deeper interests. In facilitative mediation, mediators tend to keep their own views regarding the conflict hidden.

Court-Mandated Mediation

Although mediation is typically defined as a completely voluntary process, it can be mandated by a court that is interested in promoting a speedy and cost-efficient settlement. When parties and their attorneys are reluctant to engage in mediation, their odds of settling through court-mandated mediation are low, as they may just be going through the motions. But when parties on both sides see the benefits of engaging in the process, settlement rates are much higher.

Evaluative Mediation

Standing in direct contrast to facilitative mediation is evaluative mediation, a type of mediation in which mediators are more likely to make recommendations and suggestions and to express opinions. Instead of focusing primarily on the underlying interests of the parties involved, evaluative mediators may be more likely to help parties assess the legal merits of their arguments and make fairness determinations. Evaluative mediation is most often used in court-mandated mediation, and evaluative mediators are often attorneys who have legal expertise in the area of the dispute.

 Transformative Mediation

In transformative mediation, mediators focus on empowering disputants to resolve their conflict and encouraging them to recognize each other’s needs and interests. First described by Robert A. Baruch Bush and Joseph P. Folger in their 1994 book The Promise of Mediation, transformative mediation is rooted in the tradition of facilitative mediation. At its most ambitious, the process aims to transform the parties and their relationship through the process of acquiring the skills they need to make constructive change.

Med-Arb

In med-arb, a mediation-arbitration hybrid, parties first reach agreement on the terms of the process itself. Unlike in most mediations, they typically agree in writing that the outcome of the process will be binding. Next, they attempt to negotiate a resolution to their dispute with the help of a mediator.

If the mediation ends in an impasse, or if issues remain unresolved, the process isn’t over. At this point, parties can move on to arbitration. The mediator can assume the role of arbitrator (if he or she is qualified to do so) and render a binding decision quickly based on her judgments, either on the case as a whole or on the unresolved issues. Alternatively, an arbitrator can take over the case after consulting with the mediator.

Arb-Med

In arb-med, another among the types of mediation, a trained, neutral third party hears disputants’ evidence and testimony in an arbitration; writes an award but keeps it from the parties; attempts to mediate the parties’ dispute; and unseals and issues her previously determined binding award if the parties fail to reach agreement, writes Richard Fullerton in an article in the Dispute Resolution Journal.

The process removes the concern in med-arb about the misuse of confidential information, but keeps the pressure on parties to reach an agreement, notes Fullerton. Notably, however, the arbitrator/mediator cannot change her previous award based on new insights gained during the mediation.

E-mediation

In e-mediation, a mediator provides mediation services to parties who are located at a distance from one another, or whose conflict is so strong they can’t stand to be in the same room, write Jennifer Parlamis, Noam Ebner, and Lorianne Mitchell in a chapter in the book Advancing Workplace Mediation Through Integration of Theory and Practice.

E-mediation can be a completely automated online dispute resolution system with no interaction from a third party at all. But e-mediation is more likely to resemble traditional facilitative mediation, delivered at a distance, write the chapter’s authors. Thanks to video conferencing services such as Skype and Google Hangouts, parties can now easily and cheaply communicate with one another in real time, while also benefiting from visual and vocal cues. Early research results suggest that technology-enhanced mediation can be just as effective as traditional meditation techniques. Moreover, parties often find it to be a low-stress process that fosters trust and positive emotions.

Have you used any of these types of mediation and did you find them effective? Let us know in the comments below.

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