If your current negotiation reaches an impasse, what’s your best outside option? Most seasoned negotiators understand the value of evaluating their BATNA, or best alternative to a negotiated agreement, a concept that Roger Fisher, William Ury, and Bruce Patton introduced in their seminal book, Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 1991, second … Read Take your BATNA to the Next Level 
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Negotiation Workshop: Improving Your Negotiating Effectiveness
Course Dates: This course is closed
Too many negotiators leave value on the table. They painfully divide a small pie after a costly battle while failing to capture offsetting opportunities for joint gain, or win the battle, but at the cost to relationships and reputation that limit long-term value. Reliably negotiating optimal outcomes requires a keen … Read More
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.
… Read More
Negotiating Difficult Conversations: Dealing with Tough Topics Productively
Course Dates: This course is closed
When negotiations become difficult, emotions often escalate and talks break down. To overcome barriers and turn negotiations from difficult to collaborative, from breakdown to breakthrough, you must learn to understand the inter- and intra-personal dynamics at play. In this program, you will examine how your own assumptions and behaviors can … Read More
Negotiations in the News: Lessons for Business Negotiators
What can business negotiators learn from current negotiations in the news? Quite a bit, according to the dozens of negotiation experts who contributed to the January 2019 special issue of the Negotiation Journal, entitled “Negotiation and Conflict Resolution in the Age of Trump.”
… Read More
Learning from BATNA Examples in Negotiation
How should you decide whether to accept or reject your counterpart’s final offer in negotiation? In their influential book, Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton advise comparing the deal to your BATNA, or best alternative to a negotiated agreement. If the offer is better than the best … Read Learning from BATNA Examples in Negotiation
What is Negotiation?
Many people dread negotiation, not recognizing that they negotiate on a regular, even daily basis. Most of us face formal negotiations throughout our personal and professional lives: discussing the terms of a job offer with a recruiter, haggling over the price of a new car, hammering out a contract with a supplier.
… Read What is Negotiation?
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.
… Read More
Positional Bargaining Pitfalls
Positional bargaining may sound like business as usual, but it shouldn’t be. In fact, positional bargaining is typically an ineffective way of reaching an agreement for numerous reasons, including the following three, according to the authors of Getting to Yes.
… Read Positional Bargaining Pitfalls
Negotiation Tactics, BATNA and Examples for Creating Value in Business Negotiations
Learning great BATNA examples, or estimations of your best alternative to a negotiated agreement as well as that of your negotiating counterpart, are essential to effective negotiation strategies. When preparing to negotiate, always take time to consider these important questions.
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Relationship-Building in Negotiation
Forging close bonds typically helps negotiators reach better deals, work together effectively over time, and manage conflict—yet negotiators often rush through the process of relationship-building in negotiation. Here’s advice on how to approach this important aspect of negotiation more methodically.
Overcome Partisan Perceptions
An unconscious bias often gets in the way of relationship-building in negotiation: partisan perceptions, or … Read Relationship-Building in Negotiation
BATNA Examples—and What You Can Learn from Them
What are BATNA examples in negotiation? In their bestseller Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton (Penguin, 1991) described BATNA, or best alternative to a negotiated agreement, as the path you’ll follow if you don’t reach agreement in your current negotiation.
… Read BATNA Examples—and What You Can Learn from Them
How to Find the ZOPA in Business Negotiations
In business negotiation, two polar-opposite errors are common: reaching agreement when it wouldn’t be wise to do so, and walking away from a mutually beneficial outcome. How can you avoid these pitfalls? Through careful preparation that includes an analysis of the zone of possible agreement, or ZOPA in business negotiations.
… Read How to Find the ZOPA in Business Negotiations
Principled Negotiation: Focus on Interests to Create Value
Inexperienced negotiators and even many experienced negotiators tend to assume they have a choice between two main strategies: negotiate in a tough, demanding manner or in a friendly, accommodating manner. In fact, there’s a better, third way of negotiating—one that doesn’t rely on toughness or accommodation, but that will improve your likelihood of meeting your … Read More
Elements of Conflict: Diagnose What’s Gone Wrong
In the heat of conflict, it can be difficult to think rationally about how you got where you are and how you might make things better. But by taking a break to consider the elements of conflict, you can move toward a more rational assessment of the dispute and come up with ways to address … Read More
How to Handle Conflict in Teams: Lessons from Scientific Collaborations
How to handle conflict in teams? Most advice centers on eliminating conflict. But an expert on helping scientific collaborators work together fruitfully recommends finding ways to live with productive disagreement.
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Six Guidelines for “Getting to Yes”
In their revolutionary book Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 3rd edition, 2011), Roger Fisher, William Ury, and Bruce Patton introduced the world to the possibilities of mutual-gains negotiation, or integrative negotiation. The authors of Getting to Yes explained that negotiators don’t have to choose between either waging a strictly competitive, win-lose … Read Six Guidelines for “Getting to Yes”
BATNA Strategy: Should You Reveal Your BATNA?
In their best-selling book Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton (Penguin, 1991) introduced the concept of having a BATNA strategy (best alternative to a negotiated agreement) as “the standard against which any proposed agreement should be measured.” When you know what you’ll do if you don’t reach … Read BATNA Strategy: Should You Reveal Your BATNA?
The Ladder of Inference: A Resource List
The ladder of inference describes how a negotiator, or any decision maker, relies upon her personal knowledge, or observable data, up the ladder of inference to the next stage, which is selected data.
… Read The Ladder of Inference: A Resource List
What is BATNA? How to Find Your Best Alternative to a Negotiated Agreement
Your BATNA, or the ability to identify a negotiator’s best alternative to a negotiated agreement, is among one of the many pieces of information negotiators seek when formulating dealmaking and negotiation strategies. If your current negotiation reaches an impasse, what’s your best outside option?
… Read More
BATNAs: Beyond the Basics
Knowledge of your BATNA, or best alternative to a negotiated agreement, can help you avoid accepting a subpar deal—but it’s important to tailor the concept to your long-term partnerships and keep opportunities for value creation at the forefront.
… Read BATNAs: Beyond the Basics
Case Study of Conflict Management: To Resolve Disputes and Manage Conflicts, Assume a Neutral 3rd Party Role
In their book Difficult Conversations: How to Discuss What Matters Most (Penguin Putnam, 2000), authors Douglas Stone, Bruce Patton, and Sheila Heen tell us how to engage in the conversations in our professional or personal lives that make us uncomfortable by examining a case study of conflict management. Tough, honest conversations are critical for managers, … Read More
Negotiation Preparation Strategies
When an important negotiation is looming, “winging it” is never the answer. The best negotiators engage in thorough negotiation preparation. That means taking plenty of time to analyze what you want, your bargaining position, and the other side’s likely wants and alternatives.
… Read Negotiation Preparation Strategies
Using Principled Negotiation to Resolve Disagreements
Parties can often reach a better agreement through integrative negotiation—that is, by identifying interests where they have different preferences and making tradeoffs among them. If you care more about what movie you see tonight, but your friend cares more about where you have dinner, for example, you can each get your preference on the issue … Read More
What is a Win-Win Negotiation?
In an episode of the American television show The Office, bumbling manager Michael Scott consults with a manual on conflict resolution while attempting to mediate a dispute between two of his subordinates, Angela and Oscar. After Scott explains that there are five approaches to resolving conflict, beginning with “win-lose,” an annoyed Angela interrupts: “Can we … Read What is a Win-Win Negotiation?
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Use Video Examples to Teach Your Students to Become Better Mediators
Parties engaged in disputes are often unable to reconcile their differences alone, or fail to reach outcomes that are adequate for everyone. Mediators can add a great deal of value by helping parties to efficiently and effectively examine the issues at hand, take the interests … Read Download Your Next Mediation Video
Best Negotiation Books: A Negotiation Reading List
Whether you are facing negotiations with Congress, colleagues, customers, or family members, the following negotiation books, published in recent years by experts from the Program on Negotiation, offer new perspectives on common negotiating dilemmas.
… Read More
5 Common Negotiation Mistakes and How You Can Avoid Them
Sometimes our negotiation mistakes are glaring: We accidentally reveal our bottom line, criticize the other party when patience was warranted, or get our numbers mixed up. More often, though, our negotiation mistakes are invisible: We get a perfectly good deal but are unaware that we could have gotten a better one if we hadn’t succumbed … Read More
When a Little Power is a Dangerous Thing
In 1975, Leigh Steinberg launched his career as a sports agent by proving that even a little power can be a dangerous thing. He faced what appeared to be a tough negotiation with the Atlanta Falcons. The team had chosen Steinberg’s client, rookie quarterback Steve Bartkowski, as their first pick in the first round of … Read When a Little Power is a Dangerous Thing
In Negotiation, How Much Authority Do They Have?
While hammering out an agreement during negotiation, a mid-level manager offered a customer a significant price discount. When the discount failed to materialize, the customer sued. In response, company representatives argued that the manager did not have the authority to offer the discount. Who is right?
… Read In Negotiation, How Much Authority Do They Have?
Negotiation Skills: The Science and Art of Receiving Feedback
A negotiation Q&A with Sheila Heen, co-author (with Douglas Stone) of the book, Thanks for the Feedback: The Science and Art of Receiving Feedback Well.
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Adapting the BATNA for International Cultural Differences
The BATNA (best alternative to a negotiated agreement) concept, popularized by Roger Fisher, William Ury, and Bruce Patton in their book Getting to Yes (Penguin Books, third edition, 2011), has been disseminated all over the world and doubtless helped thousands avoid settling for less than what they want in negotiations. When you have identified your … Read More
Managing Negotiators? Avoid 3 Common Negotiation Mistakes
In 2019, face-to-face meetings between then U.S. president Donald Trump and North Korean leader Kim Jong-un, held in Hanoi, Vietnam, came to an abrupt end after Kim insisted that the United States lift all economic sanctions against his country in return for denuclearization. Trump refused and ended the talks, telling reporters, “Sometimes you have to … Read More
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
Dear Negotiation Coach: Coordinating Teams to Get Everyone in the Same Frames
Q: I lead a team of approximately 50 lawyers in the in-house legal department of a Fortune 500 company. As our team gets larger, reflecting the company’s growth, I’d like to install quality-control measures to ensure that all our attorneys are effectively negotiating settlements when appropriate and taking cases to trial when not. What are … Read More
For Better Communication, Try Appreciation
Many professional negotiators have come away from talks wondering, How did that pleasant discussion turn sour? Why did the deal unravel at the last minute?
… Read For Better Communication, Try Appreciation
Conflict Resolution and Opportunities for Mutual Gains in Negotiation
Poor communication explains many of our negotiation mistakes, write Roger Fisher, William Ury, and Bruce Patton in Getting to Yes, their landmark book. Here are four negotiation skills tips adapted from Susan Hackley’s May 2005 article “Can You Break the Cycle of Bad Communication?,” first published in Negotiation.
… Read More
In BATNA Analysis, Knowledge Is Power
In negotiation, awareness of your BATNA, or your best alternative to negotiated agreement, is often your greatest source of power. What is a BATNA in negotiation? It can be thought of as the best back-up plan you can reasonably expect to achieve. Think of a solid job offer that you plan to accept if your … Read In BATNA Analysis, Knowledge Is Power
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
Collaborative Leadership: Managing Negotiators
Organizational leaders, from middle managers to heads of state, often face the difficult task of overseeing mission-critical negotiations and managing individual negotiators and negotiating teams. Collaborative leadership—a focus on giving employees autonomy and a voice in key decisions—is often key to managing negotiators effectively.
We often overlook the important role of leadership in negotiation. But as … Read Collaborative Leadership: Managing Negotiators
Must-Read Negotiation Books for 2019
The year 2017 offered plenty of negotiation hits and misses in the realms of government, business, and beyond. To avoid failed negotiations in 2018, politicians, business leaders, and the rest of us would be wise to explore the following recent negotiation books, which can help steer us through our most difficult negotiating dilemmas:
… Read Must-Read Negotiation Books for 2019
Intercultural Negotiation: Does the BATNA Concept Translate?
When should you walk away in negotiation? That’s a common question that negotiation experts pose of professional negotiators. We are typically advised to walk away from the bargaining table when we haven’t been able to get a better deal than we can get elsewhere. But in intercultural negotiation, particularly in international negotiation in certain countries … Read More
What an Operatic Role-Play Simulation Can Teach You About Negotiation
A distinguished older soprano, Sally has not had a lead role in two years. However, when another soprano falls ill, the Lyric Opera is eager to hire Sally…but at what price?
Sally Soprano is one of the best-known role-play simulations from the Program on Negotiation’s Teaching Negotiation Resource Center (TNRC). And it’s a classic for good … Read More
Teaching Negotiation Videos – All Downloadable!
Have you been energized by the unique “aha” moment students experience when negotiation videos are used in their class? Us too!
… Read Teaching Negotiation Videos – All Downloadable!
Using Your BATNA: Bruce Patton and William Ury Discuss the ‘Fiscal Cliff’
A standoff between Democrat President Barack Obama and congressional Republicans in 2012 focused attention on the negotiation styles employed by the two parties as they sought to secure their interests while also working toward the resolution of a budgetary battle.
… Read More
Conflict Resolution When Dealing with Difficult People: Shutting Down the Government and Negotiation Strategies
Program on Negotiation faculty discuss the negotiation strategies used by US President Barack Obama and Congressional Republicans negotiating the end of the shutdown of the United States government.
… Read More
50th Anniversary of A Behavioral Theory of Labor Negotiations
The Program on Negotiation at Harvard Law School invites you to join us for A 50th Anniversary Celebration of A Behavioral Theory of Labor Negotiations with Robert B. McKersie and Richard E. Walton A live webcast of this event will be available for viewing at http://media.fas.harvard.edu/core/live/hls-live.html
Thursday, March 5, 2015
12:00 p.m. Registration opens
1:00 – 5:30 p.m. Program
5:30-6:30 p.m. Reception
Wasserstein … Read More
Hong Kong Lawyer Benny Tai Inspired by Harvard Negotiation Project Authors
The Harvard Negotiation Project was recently mentioned in the Wall Street Journal by David Feith in his interview with Benny Tai, “China’s New Freedom Fighters.”
Benny Tai, a 49 year old lawyer who has been branded an “enemy of the state,” founded Occupy Central with Love and Peace, a group that promotes civil disobedience in order … Read More
Negotiators: Prepare to go with the flow
The deal started with an offhand remark at a news conference. In September, as President Barack Obama threatened U.S. military action against Syria, a reporter asked U.S. secretary of state John Kerry if there were any way an attack could be avoided. Syrian president Bashar al-Assad “could turn over every single bit of his chemical … Read Negotiators: Prepare to go with the flow
The Program on Negotiation’s MIT-Harvard Public Disputes Program Releases “Collaborative Approaches to Environmental Decision-Making” Case Studies
The MIT-Harvard Public Disputes Program, one of the Program on Negotiation at Harvard Law School’s many research programs, acts as a center for research committed to thinking about and resolving disputes in the public sector. Led by its Director and Program on Negotiation executive committee member Lawrence Susskind, the MIT-Harvard Public Disputes Program conducts research … Read More
Program on Negotiation Faculty On How To End the US Government Shutdown
The Washington Post’s “On Leadership” column by Jenna McGregor asked renowned negotiation experts on how the government shutdown in Washington, DC could be ended at the bargaining table.
Among the experts interviewed were Robert Mnookin, Chair of the Program on Negotiation at Harvard Law School (PON) and author of Bargaining With The Devil: When To Negotiate, … Read More
Win-Win Negotiations in the Middle East: How the Principles Behind the Harvard Negotiation Project Apply to Israel and Palestine
Peace talks in the Middle East between Israel and Palestine have stalled for years and, with no ‘new beginnings’ on the horizon, many have come to expect stagnation and lack of progress in talks between the neighbors. That was until this week when Secretary of State John Kerry was successful in getting Palestinian and Israeli … Read More
HNLR Symposium Review: “Ideas and Impact: Roger Fisher’s Legacy”
On March 2, 2013, the Harvard Negotiation Law Review held their 2013 Symposium, entitled “Ideas and Impact: Roger Fisher’s Legacy.” This event celebrated Professor Fisher, co-founder of the Harvard Negotiation Project and the Program on Negotiation. Professor Fisher passed away last summer.
During the day-long event, distinguished panelists explored current trends and opportunities for aspiring scholars … Read More
Think Like a Mediator
To set the stage for a productive discussion, open a difficult conversation with the Third Story, advise the authors of Difficult Conversations. The Third Story is one an impartial observer, such as a mediator, would tell; it’s a version of events both sides can agree on. “The key is learning to describe the gap – … Read Think Like a Mediator
The Program on Negotiation to screen Roger Fisher’s The Advocates
The Program on Negotiation will present an episode of The Advocates, an award winning television show created in 1969 by the late Roger Fisher.
… Read More
Negotiating the Fiscal Crisis
How can we avert a full-throttle drive over the fiscal cliff? Despite some promising signs of movement on both sides of the aisle, the current negotiation approach – positional bargaining – is bound to bring us dangerously close to the edge.
… Read Negotiating the Fiscal Crisis
The Program on Negotiation Mourns the Loss of Co-Founder Roger Fisher
Roger Fisher, co-founder of the Program on Negotiation and the Harvard Negotiation Project, died on August 25 at age 90. A true pioneer and leader, he helped launch a new way of thinking about negotiation, and he worked tirelessly to help people deal productively with conflict.
“Through his writing and teaching, Roger Fisher’s seminal contributions literally … Read More
Roger Fisher Papers Open at Harvard Law School Library
Roger Fisher, one of the cofounders of the Program on Negotiation at Harvard Law School and Samuel Williston Professor of Law, Emeritus, was honored on the 8th of April with a celebration of his career, research, and contributions to both the HLS community and the field of negotiation.
… Read More
Leading Horses to Water
The hardest step in negotiation is often the first. Costly lawsuits can drag on it everyone is afraid to be the first to blink. Prospective buyers and sellers can waste endless hours dancing around a possible deal. And in collective bargaining, labor and management teams sometimes paint themselves into corners by refusing to negotiate “matters … Read Leading Horses to Water
Why Classic Cases?
Why are some negotiation exercises still used in a great many university classes even twenty years after they were written? In an effort to understand more about the enduring quality of some classic teaching materials, we asked faculty affiliated with PON to explain why they think some role play simulations remain bestsellers in the Clearinghouse … Read Why Classic Cases?
How to Get to the Table
Adapted from “Leading Horses to Water,” first published in the Negotiation newsletter.
The hardest step in negotiation is often the first. Costly lawsuits can drag on if everyone is afraid to be the first to blink. Prospective buyers and sellers can waste endless hours dancing around a possible deal. And in collective bargaining, labor and management … Read How to Get to the Table
Dealing With a Stubborn Counterpart
Adapted from “Stubborn or Irrational? How to Cope with a Difficult Negotiating Partner,” by Lawrence Susskind (professor, Massachusetts Institute of Technology), first published in the Negotiation newsletter.
Suppose you’re an experienced salesperson entering into negotiations for a contract renewal with a company you’ve successfully done business with for years. Recently, your counterpart at the other company … Read Dealing With a Stubborn Counterpart
Norwegian Foreign Minister visits PON
On December 6, 2010, faculty and associates from the Program on Negotiation at Harvard Law School met at a private lunch with Norway’s Foreign Minister, Jonas Gahr Store, and the ambassador of Norway to the U.S., Wegger Chr. Strommen. At the meeting, the Foreign Minister described how he helped bring decades of negotiation with the … Read Norwegian Foreign Minister visits PON
Bruce Patton on Teaching the Micro-Skills of Negotiation
There is often a profound gap – of which we are typically unaware – between what we “know” or “believe” about effective negotiation practice and what we actually do as practitioners under pressure. Bruce Patton, the founder of Vantage Partners and co-founder of the Harvard Negotiation Project, advocates helping students master key “micro-skills” to enable … Read More
Insights from a Communication and Negotiation Conference: The Benefits of Not Knowing
An Experiment: Exploring Interdisciplinary Linkages between Negotiation and Communication Studies
What would negotiation pedagogy look like if we focused more on the core meanings and practices of communication? How can understanding the underpinnings of communication – the components of conversation and the exchange of meaning – help us understand and improve our negotiations? The weekend of … Read More
Harvard Negotiation Institute Begins!
On the morning of June 8, 2009, hundreds of participants from around the world began their week-long intensive Basic Negotiation Workshop and Mediation Workshop. Participants will engage with instructors Bruce Patton and Frank Sander for five days of interactive study. There are still seats available in our 2-Day Intensive Basic Negotiation course, which begins Thursday, … Read Harvard Negotiation Institute Begins!
Teachers and Trainers Gather to Talk About Mediation Pedagogy
By Larry Susskind
Nearly two hundred educators and trainers from eighteen countries gathered on May 15th and 16th to share ideas about teaching mediation. It was unusual for mediation teachers and trainers from fields as diverse as law, family services, public management, business, international relations, urban planning, community development, psychotherapy, and education to share ideas on … Read More
Mediation Pedagogy Conference
Registration is now closed for the NP@PON Mediation Pedagogy Conference.
Professors Lawrence Susskind (MIT) and Michael Wheeler (Harvard Business School) are pleased to announce a Mediation Pedagogy Conference to be held by Negotiation Pedagogy at the Program on Negotiation at Harvard Law School (NP@PON). This two-day Conference will be held Friday, May 15 and Saturday, May … Read Mediation Pedagogy Conference
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