The National Football League’s Pittsburgh Steelers faced a dilemma. Mid-contract, the team’s star wide receiver, Antonio Brown, asked the team to improve upon the six-year, $42.5 million deal they negotiated back in 2012. Brown had risen to become the best receiver in football and believed he was underpaid.
… Read Finding Mutual Gains In “Non-Negotiation” 
Lawrence Susskind
The following items are tagged Lawrence Susskind:
Managing Multiparty Negotiations
If you’re in a negotiation with many parties who have varying positions, it may be tempting to join a coalition with parties who share at least some of your goals. But should you join one?
… Read Managing Multiparty Negotiations
Contract Negotiations and Business Communication: How to Write an Iron-Clad Contract
In contract negotiations, writing a contract that both encapsulates the negotiated agreement but also incorporates future elements such as the business relationship and the sustainability of the agreement can be a daunting task for even the most experienced negotiators. Executives often leave the legal issues surrounding their deals to their attorneys. While this division of … Read More
Harborco: Role-Play Simulation
Harborco is a consortium of development, industrial, and shipping concerns that are eager to proceed with the building of a new port, but face hurdles and potential opposition as they advance through the licensing process. The Federal Licensing Agency would like to see them work with other stakeholders to develop a project that is acceptable … Read Harborco: Role-Play Simulation
Managing a Multiparty Negotiation
What is multiparty negotiation? Multiparty negotiations can be incredibly challenging. Just ask the negotiators from over 170 countries who managed to reach agreement back in 2015 on a legally binding accord to combat climate change.
… Read Managing a Multiparty Negotiation
Negotiation Training: What’s Special About Technology Negotiations?
Executives are increasingly faced with the task of negotiating in a realm that many know little about: technology.
… Read More
How to Create Win-Win Situations
In business negotiation, a win-win agreement may be the ultimate goal, but it can sometimes prove elusive. Here, we offer four strategies from experts at the Program on Negotiation at Harvard Law School on how to create win-win situations in even the trickiest negotiations.
… Read How to Create Win-Win Situations
5 Win-Win Negotiation Strategies
Business negotiators understand the importance of reaching a win-win negotiation: when both sides are satisfied with their agreement, the odds of a long-lasting and successful business partnership are much higher. But concrete strategies for generating a win-win contract often seem elusive. The following five, from experts at the Program on Negotiation at Harvard Law School, … Read 5 Win-Win Negotiation Strategies
Consensus-Building Techniques
Consensus-building techniques can help parties facing a group decision reach longer-lasting, more harmonious outcomes than resorting to an up-or-down vote. Several different approaches are available to parties engaged in consensus building.
… Read Consensus-Building Techniques
In Contract Negotiations, Agree on How You’ll Disagree
During the course of a complex negotiation, the last thing we want to think about is the possibility that a serious disagreement or contract breach will arise during the implementation stage. Yet we also know that such conflicts are common.
… Read More
Power Asymmetry and the Principal Agent Problem
This video simulation on power asymmetry and principal agent dynamics by Professor Lawrence Susskind and Robert Wilkinson was designed to give students insights into the challenges surrounding difficult conversations, both with people across the table, as well as with people on their own side.
… Read Power Asymmetry and the Principal Agent Problem
What Is Facilitative Leadership?
These days, work can often feel chaotic and unfocused. Leaders and followers alike struggle to keep complex group projects moving forward in the face of seemingly insurmountable economic, technological, and logistical challenges. One tool that can help is facilitative leadership—a management strategy that empowers employees to make decisions, address conflict, and take on greater responsibility.
… Read What Is Facilitative Leadership?
3 Types of Conflict and How to Address Them
In the workplace, it sometimes seems as if conflict is always with us. Miss a deadline, and you are likely to face conflict with your boss. Lash out at a colleague who you feel continually undermines you, and you’ll end up in conflict. And if you disagree with a fellow manager about whether to represent … Read 3 Types of Conflict and How to Address Them
Four Conflict Negotiation Strategies for Resolving Value-Based Disputes
In many negotiations, both parties are aware of what their interests are, and are willing to engage in a give-and-take process with the other party to come to agreement. In conflicts related to personal identity, and deeply-held beliefs or values, however, negotiation dynamics can become more complex and require alternative dispute resolution tactics for conflict … 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?
Try a Contingent Contract if You Can’t Agree on What Will Happen
In negotiation, all the goodwill, trust, and cooperation you create can seem useless if you and your negotiating counterpart disagree about how future events may play out. In such cases, a contingent contract can be a highly useful, though widely overlooked, tool for creating value in negotiation.
… Read More
5 Tips for Improving Your Negotiation Skills
The prospect of boosting our negotiation skills can be so overwhelming that we often delay taking the necessary steps we can follow to improve, such as taking time to prepare thoroughly. The following five guidelines will help you break this daunting task into a series of manageable—and often essential—strategies.
… Read 5 Tips for Improving Your Negotiation Skills
Teach Your Students to Negotiate Cross-Border Water Conflicts
With the south-western United States experiencing a years-long drought which has dramatically depleted the Colorado River, there are many signs that water conflicts will become more frequent. Negotiating cross-border water conflicts requires balancing political interests, power dynamics, scientific research, and legal parameters. Success in water negotiations hinges on prediction and monitoring arrangements as well as … Read More
Top Ten Posts About Conflict Resolution
Conflict resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Conflict resolution sometimes requires both a power-based and an interest-based approach, such as the simultaneous pursuit of litigation (the use of legal power) and negotiation (attempts to reconcile each party’s … Read Top Ten Posts About Conflict Resolution
Planning for Cyber Defense of Critical Urban Infrastructure
Save Fairport: Planning for Social Cyber Defense of Critical Urban Infrastructure
Cybersecurity for critical urban infrastructure is a major public safety issue for cities. Cyber-attacks can cause major physical damage, as well as sow chaos and undermine public faith in government. Cyber criminals constantly develop new types of malware, which may not be detectable by current … Read More
How to Handle Difficult Customers
Every salesperson has his or her war stories: tales of difficult customers who made extreme demands and threats, tried to take advantage, or were extremely rude. Dealing with difficult customers is inevitable in the sales world, and the question of how to handle difficult customers looms large. The following three guidelines can help you stay … Read How to Handle Difficult Customers
To Break Impasse, Move Beyond Concerns about Fairness in Negotiation
Think about the last time you engaged in an otherwise cordial bargaining session that reached an impasse. Maybe you were far apart on price or disagreed about who was responsible for a serious problem. In such cases, parties often have different views about what constitutes fairness in negotiation.
That’s what happened in 2014, when negotiators from … Read More
What is the Multi-Door Courthouse Concept
As a collaboration between UST School of Law and the Program on Negotiation at Harvard Law School, the following is the transcript of a conversation between the creator of the multi-door courthouse, Harvard Law Professor Frank E.A. Sander, and the executive director and founder of the University of St. Thomas (UST) International ADR [Alternative Dispute … Read What is the Multi-Door Courthouse Concept
Negotiation Team Strategy
Some negotiations are simple enough to handle on our own, but those deals are increasingly rare in the business world. These days, to thrive in negotiation, you often need to be able to work effectively as part of a negotiation team.
… Read Negotiation Team Strategy
Solutions for Avoiding Intercultural Barriers at the Negotiation Table
Even with a common language and the best of intentions, business negotiators from different cultures face special challenges. Try these solutions for avoiding intercultural barriers when preparing for negotiation between two companies from different cultures.
… Read More
How to Win at Win-Win Negotiation
Win-win negotiation, contrary to popular belief, doesn’t require us to choose between collaborating and competing. Here’s how to get the best of both worlds.
… Read How to Win at Win-Win Negotiation
Download Your Next Mediation Video
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
How to Deal with a Hardball Strategy When You Have a Weak BATNA
In negotiation, visions of collaborating to create new sources of value can quickly evaporate when the other party engages in a hardball strategy—such as penalizing us financially, attacking our reputation, walking away, or threatening to do all of the above. Suddenly we find ourselves on the defensive, scrambling to do more than just break even.
… Read More
Entrepreneurs: Prepare for Challenging Conversations in Key Negotiation
Start-ups and individual entrepreneurs often encounter challenging conversations when negotiating with potential partners and investors. When you are trying to sell others on your big idea or venture, you face the daunting challenge of convincing them that it’s worth their time, money, and effort. And even as you’re drawing on all your powers of persuasion … Read More
Arbitration vs Mediation: The Definition of Mediation as a Problem Solving Process
Mediation is often thought of as a last step to adjudicate disputes. In this article, professor Lawrence Susskind spells out the hidden advantages of using mediation early in the process to solve problems and reach voluntary compliance agreements.
… Read More
Interest-Based Negotiation: In Mediation, Focus on Your Goals
How can you get through to people who seem uninterested in finding common ground? How can you deal with seemingly irrational negotiators who use insults, threats, and other hardball tactics to try to get their way?
… Read More
Negotiation Skills: Four Steps for Changing Negotiation Practices in Your Organization
Individual negotiators are sometimes overwhelmed by the idea of leading organization-wide changes to negotiation practices. In fact, it doesn’t take much time or effort to set the wheels of reform in motion, write Hallam Movius and Lawrence Susskind in Built to Win. Here are four simple steps to implement in your workplace.
… Read More
How Principal Agent Theory Works in Business Negotiations: Dealmaking Strategies for Bargaining with Agents
The Program on Negotiation has identified three basic sets of circumstances in business negotiations where you’ll be better off tapping an agent (see also principal-agent theory) to take your place at the bargaining table (at least for part of the negotiating process):
… Read More
Are You Ready to Negotiate?
“Winging it” is a fine approach to life’s minor decisions, but when you negotiate, it can be disastrous. Follow these three preparation steps and improve your agreements.
… Read Are You Ready to Negotiate?
Negotiation Tactics for Managing Relationships
When multiple parties gather to discuss issues, someone has to oversee the group’s efforts, or the process will descend into chaos or stalemate.
… Read Negotiation Tactics for Managing Relationships
Dear Negotiation Coach: What Are Business Negotiation Skills for Entrepreneurs?
To get an idea or innovation off the ground takes strong business negotiation skills as an entrepreneur.
Yet, in their book Entrepreneurial Negotiation: Understanding and Managing the Relationships that Determine Your Entrepreneurial Success (Palgrave/Macmillan, 2018), Program on Negotiation instructor Samuel Dinnar and MIT professor Lawrence Susskind write that many entrepreneurs are falling short. Here, Susskind explains … Read More
Dealing with Difficult People – Even When You Don’t Want To
In your negotiations, have you ever faced a truly difficult negotiator—someone whose behavior seems designed to provoke, thwart, and annoy you beyond all measure? We often have strong incentives to negotiate with those we find obstinate, unpredictable, abrasive, or untrustworthy. When we avoid dealing with difficult people, we risk missing out on important opportunities. But … 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
Digitally Enhanced Simulation Packages – With Live Data Analytics
In-depth Teaching Materials with Real Time Data Analytics Designed to Enhance Teaching Negotiation
From the Teaching Negotiation Resource Center (TNRC) at PON, and iDecisionGames: digitally enhanced simulation packages designed to take your teaching to the next level.
The Enhanced Simulation Package from the TNRC and iDecisionGames brings a new, interactive learning experience to teaching negotiation. This easy … Read More
What Are Our Students Actually Learning? Gauging Effectiveness in Teaching Negotiation
Ways of Gauging Effectiveness in Teaching Negotiation
Most instructors aspire to do more than simply teach students about negotiation. They want to teach students how to negotiate more effectively. That’s an ambitious goal, given the complexity of the process. Negotiation success requires keen analysis and deft social skills, along with a mix of confidence and humility. … Read More
Negotiating Public Disputes
How Negotiation Can Impact Public Perceptions
Companies and governments alike can experience strong public resistance to new initiatives, or fierce public backlash to mistakes. How should they deal with an angry public? Incorporating a public relations perspective into a problem-solving or public dispute resolution processes can make the difference between success or failure. Adopting a mutual … Read Negotiating Public Disputes
The Best Negotiation Exercises, Simulations and Videos
Have you planned your curriculum and purchased your teaching material for next semester? We’re here to help you to find the best negotiation exercises and teaching aids for your negotiation classes.
… Read More
Lessons Learned from Teaching Online: Pedagogy in a Pandemic
The exercises and videos developed for teaching online can also help improve in-person courses.
As teachers and trainers around the world are working to transition their courses online and wondering about how their approach to teaching will be altered moving forward, the Teaching Negotiation Resource Center (TNRC) asked some of our experienced online teachers to share … Read More
Teaching Online: Negotiation Pedagogy in a Pandemic
How do we adapt learning objectives to online instruction?
As the Coronavirus spreads around the world, many universities have moved to a remote learning structure with online classes. This raises a very crucial question for instructors: how do you transition a course designed to be in-person into an online format while ensuring students remain engaged and … Read More
In Contract Negotiation, Wise Business Negotiators Sweat the Small Stuff
What are business negotiators responsible for in contract negotiation? Many would say they’re in charge of building relationships and new business, crafting creative solutions, and fighting for the best deal possible. Few, however, would say they’re responsible for ensuring that the deal holds up well over time.
… Read More
Integrative Negotiation: Don’t Forget the Future When Negotiating
A town government and a private fuel-oil company have a standing contract that they have renewed for several years in a row. The contract is again up for renewal, and the town manager is under pressure from his constituents to reduce the city’s heating costs and avoid tax increases.
The city’s fuel-oil consumption has remained … Read More
Integrative Negotiations: Dispute Resolution Through Joint Fact-Finding
Sometimes parties to a dispute disagree on key facts and forecasts but lack the technical or scientific expertise needed to come to a consensus. Suppose, for instance, that a developer is seeking to build a high-rise condominium building in a village that is experiencing a development boom. Longtime residents fight the proposal, arguing that another … Read More
Implement Negotiation Training in Your Organization
Organizations across the globe spend many millions of dollars each year on negotiation training for their employees. This training can be in-house, led by consultants and other experts, or employees can travel to training programs at universities and elsewhere. After engaging in a couple of days of training, employees return to the office and attempt … Read More
Teaching with Video-Based Negotiation Scenarios
Access to multimedia content has rapidly increased throughout the world, with videos and short clips permeating our daily life. We are consuming, producing, and interacting with videos more now than ever before. In light of increasing video fluency and interest in using videos in education, the Program on Negotiation’s Teaching Negotiation Resource Center is creating … Read Teaching with Video-Based Negotiation Scenarios
15 Things You Need to Know About Environmental Dispute Resolution
Here are 15 things about dispute resolution in environmental negotiations that Program on Negotiation faculty member Lawrence Susskind published on his website, Consensus Building Approach.
… Read More
Advanced Negotiation Techniques: Get the Most out of Negotiation Training
So, you’re thinking about taking a negotiation course but are not sure if it will be worthwhile. Or maybe you attended one recently (or not so recently) and are wondering whether you are effectively applying what you’ve learned to the negotiations in your business and personal life.
Unfortunately, even after the best negotiation training courses, many … Read More
When High Prices Are a Bitter Pill to Swallow
There’s at least one thing that politicians as ideologically dissimilar as President Donald Trump and Senator Elizabeth Warren have agreed on: Prescription drug prices are too high in the United States. Americans pay about $1,200 per year, on average, for their medication, according to the Organization for Economic Cooperation and Development— about twice as much … Read When High Prices Are a Bitter Pill to Swallow
Notable Negotiation Books for 2020
If one of your new year’s resolutions is to strengthen your skills needed for negotiation, the following recent negotiation books—and one journal special issue—will help you do just that with their host of perspectives and strategies. These negotiation books will also entertain and educate you along the way with insights on topics such as political … Read Notable Negotiation Books for 2020
Negotiating for a brighter future
For decades, the Colorado River has been in trouble. The river supplies water to 40 million people and five million acres of farmland in seven U.S. states and Mexico. But following 19 years of drought and population growth, the water levels of the river’s largest reservoirs, Lake Mead and Lake Powell, have sunk to record lows. … Read Negotiating for a brighter future
How Negotiation Role-Play Simulations Can Help You Resolve Environmental Disputes
From complicated land use debates to the regulation of pollutants, environmental negotiations are fraught with dynamic legal, scientific, and societal considerations. Because many of the natural resources in question are limited and fragile, disputes over them can be particularly difficult.
To help educate professionals about how to work through challenging environmental and sustainability negotiations, the Program … Read More
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
Role Play Simulations to Help You Become a Better Mediator
When opposing parties cannot come to a satisfactory resolution, a strong mediator can make all the difference. By effectively examining the issues at hand and helping parties identify creative solutions, a well-trained mediator builds consensus where there once was none.
To help professionals learn the art of mediation, the Program on Negotiation’s Teaching Negotiation Resource Center … Read More
Grading a Negotiation: Examples of How to Evaluate Student Performance
Whether to grade student role-play performance, process and outcomes is a tricky question. Jim Lawrence, a long-time PON contributor, simulation author, attorney and practicing mediator with Frost Brown Todd LLC, recently shared his thoughts on the value and purpose of grading students participating in negotiation simulations.
… Read More
Alternative Dispute Resolution: Values-Based Role Play Simulations for Improving Mediation Skills
Three role-play simulations focus on the mediation of values-based disputes.
… Read More
Teaching Negotiation Online: Where Do We Start?
Best Practices of Course Design and Delivery When Teaching Negotiation Online
At the May, 2018 Teaching Negotiation Resource Center (TNRC) Faculty Seminar, Professors Lawrence Susskind and Michael Wheeler discussed the pedagogical implications of teaching negotiation online.
In a follow-up to the December, 2017 TNRC Faculty Seminar on Gauging Effectiveness in Teaching Negotiation, Professor Susskind and Professor Wheeler … Read Teaching Negotiation Online: Where Do We Start?
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!
Entrepreneurial Negotiation – New Book on Negotiation Challenges for Entrepreneurs
Entrepreneurial Negotiation: Understanding and Managing the Relationships that Determine Your Entrepreneurial Success
The great majority of startups fail, and most entrepreneurs who have succeeded have had to bounce back from serious mistakes. Entrepreneurs fumble key interactions because they don’t know how to handle the negotiation challenges that almost always arise. They mistakenly believe that deals … Read More
Putting Negotiation Training to Work: The Limits of Lectures
Negotiation training lectures, like publications, are an excellent means of transmitting knowledge from an expert to a less knowledgeable audience.
I have attended many amazing lectures on a multitude of topics and have learned fascinating information about the ecosystem, politics in different nations, animal species, and so on. I even have enjoyed hearing negotiation experts talk … Read More
How to Deal with Difficult People
We’ve all met them: people who prefer competition over collaboration, stonewalling over problem solving, tough talk over active listening. Think of the boss who refuses to allow you time off to help an ailing relative, or the potential customer armed with a “nonnegotiable” proposal.
When considering how to deal with difficult people, we tend to write … Read How to Deal with Difficult People
Video: Setting the Stage for Productive Negotiations
Understanding how to arrange the meeting space is a key aspect of preparing for productive negotiations. In this video, Guhan Subramanian, professor at Harvard Law School and Harvard Business School, discusses a real world example of how seating arrangements can influence a negotiator’s success. The discussion was held in his negotiation training workshop “Setting the … Read More
Alternative Dispute Resolution: Corporate Stakeholder Engagement and Mineral Extraction in Colombia
Corporations around the world are being pressed by their shareholders to do a better job of taking local concerns into account when they initiate mineral extraction projects. Indeed, both stakeholders and risk managers are demanding this. Many companies are now systematically assessing the concerns of a wide range of stakeholders and seeking to demonstrate (in … Read More
Top International Multiparty Negotiations: Dissent in the European Union
A European Union summit held in late October 2013 failed to make headway toward more coordination of economic policies. Facing resistance from Germany in particular, European officials grew pessimistic regarding their odds of negotiating a deal over the next year to lay the foundation for a banking union for the 17 nations that use the … Read More
Dispute Resolution: Uncertainty, Risk, and Opportunity in Water Diplomacy
When countries face contending water claims, one of the biggest obstacles to reaching an agreement is uncertainty. Specifically, there are three types of uncertainty: uncertainty of information, uncertainty of action, and uncertainty of perception. In part 2 of this 5 part series, Program on Negotiation faculty member Lawrence Susskind explains the uncertainties facing negotiators trying … Read More
International Negotiations and Beyond Majority Rule
Ever since U.S. general Henry M. Robert published Robert’s Rules of Order in 1876, groups have relied on the principle of majority rule, measured with a simple yea or nay vote at the end of the negotiation process.
… Read More
Contract Negotiations: Before You Sign on the Dotted Line
When times are tight, contracts are often broken. These days, parties on both sides of sales agreements are struggling to fulfill their promises, and contract workers are having trouble getting paid by their employers.
… Read More
Negotiation Scenario: Hammering out Local Strategies for Managing Climate-related Public Health Risks
Climate change is already causing increased temperatures, more intense storms, and rising sea levels in many parts of the world. The threats, particularly the impacts on human health, are daunting. Despite uncertainties about the timing and severity of the impacts of climate change in each location, this simulation asserts that cities and towns must take … Read More
In Business Negotiations, Set the Stage for Success
In negotiation, it’s said, preparation is key. Without careful research and logistical planning, we may be left trying to skate by on wits and charm alone—and in today’s business world, they will seldom carry us far.
Advance work is especially critical when you expect your talks to be complex, involving numerous issues, multiple parties, and plenty … 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
Teaching Negotiation: A Symposium On Excellence & Innovation For Teachers & Trainers
This program is designed for anyone who teaches negotiation, dispute resolution, or conflict analysis across any field (e.g., law, business, international relations, social work, peace studies, public policy, urban planning, environmental studies, and engineering).
Negotiation trainers who provide on-site or online training to business or community clients should also attend so they can evaluate potential new … Read More
Conflict Management in Negotiation: Training with the Enemy
Negotiation skills tips to help create value during your next session at the bargaining table. Read how collaboration and competition can lead to value creation in business negotiations.
… Read More
Dispute Resolution: Robert DeNiro Leaves Conflict Management to the Courts
Turning to litigation when disputes arise can be costly and time consuming. Instead of using the courts to resolve your dispute, negotiation offers a myriad of benefits for disputants who are seeking to resolve their conflict, create value, and save time and money.
… Read More
Negotiation Skills: Overcoming the Not-In-My-Backyard (NIMBY) Syndrome
Lawrence Susskind (Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; author of Built to Win; co-author of Breaking Robert’s Rules and Breaking the Impasse)
NIMBY opposition is counterproductive, costly and unnecessary. In this posting, the author explains a proven process for getting around it and settling disputes before they have a chance … Read More
Negotiation Skills: Could I Really Make a Difference?
Individual negotiators are sometimes overwhelmed by the idea of leading organization-wide changes to negotiation practices. In fact, it doesn’t take much time or effort to set the wheels of reform in motion, write Hallam Movius and Lawrence Susskind in Built to Win.
… Read More
Stay “in the deal”
As Joe Biden tells it, he never wanted to be vice president.
When Barack Obama asked him to consider being vetted as his running mate, Biden declined. Traditionally, the vice presidency was a largely ceremonial position removed from the center of power. Though recent VPs, most notably Dick Cheney, had changed that, Biden, as a longtime … Read Stay “in the deal”
The Consensus Building Institute Honors Program on Negotiation Faculty Member Lawrence Susskind with New Fellowship
The Consensus Building Institute (CBI) based in Boston, Massachusetts and in Washington, DC has honored Program on Negotiation faculty member Lawrence Susskind with its creation of a one-year graduate student fellowship that offers the successful candidate the opportunity to work with CBI in Boston or DC on an area of focus for bot CBI and … Read More
Disappointed by Results? Improve Accountability in Business Negotiations
When it comes to planning and carrying out talks, negotiators are too often left to their own devices.
Here’s how to guide your employees toward better results.
How satisfied are you with the outcomes that negotiators in your organization achieve?
Most likely, you can think of a few successes worth crowing about, a few you’d like to sweep … Read More
Robert Mnookin to Mediate Negotiations Led by Middle East NGO Peacehub
After the conclusion of a reconciliation agreement between Fatah and Hamas that Israeli Prime Minister Binyamin Netanyahu labeled collusion with a terrorist organization, the Middle East peace process has arrived at another, hopefully temporary, standstill.
… Read More
Joint Fact Finding: Mapping the Territory Together
Some might argue that confrontation is inevitable. But a wide range of collaborative efforts around the country have shown that it can be avoided.
How can negotiators find their way into the trading zone quickly and easily?
One proven method is joint fact finding.
… Read More
Business Negotiations: What You Need to Know About Joint-Fact Finding
Joint fact finding is a multistep, collaborative process for bringing together negotiating partners with different interests, values, and perspectives. Here are the five stages through which joint fact finding typically proceeds.
… Read More
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
When You Shouldn’t Go It Alone
A five-year old American manufacturer of medical equipment has just secured a patent on its primary product, a new kind of heart monitor. The potential market is even stronger than the company imagined, yet its second round of venture capital funding is coming to an end. A few other manufacturers are about to go public … Read When You Shouldn’t Go It Alone
The Program on Negotiation at Harvard Law School: Three Decades of Scholarship and Practice
Founded in 1983, the Program on Negotiation at Harvard Law School is a pioneer in the fields of negotiation, mediation, and alternative dispute resolution.
In commemoration of the program’s 30th anniversary this year, the Program on Negotiation is proud to present a video describing many of PON’s various educational and research activities.
According to Chair Robert Mnookin, … Read More
Why Do Managers Resist Facilitation?
There are three major reasons that managers are reluctant to seek the assistance they need.
… Read Why Do Managers Resist Facilitation?
Complexity Personified: International Standards Negotiations from a Microsoft Manager’s Perspective
Complexity Personified: International Standards Negotiations from a Microsoft Manager’s Perspective
On April 3, 2013, the Program on Negotiation hosted Jason Matusow, General Manager of International Standards at Microsoft, for a lunch seminar. His talk, titled “Complexity Personified: International Standards Negotiations from a Microsoft Manager’s Perspective,” covered the myriad of challenges that can arise when managing both … Read More
Anticipating Coalitional Behavior
In the early days of his tenure, a chairman spends too much time reviewing the details of his proposed policy with his staff and not enough time sounding out council members to drum up support for his reforms.
The chairman’s missteps lead us to the first rule of coalition building: think carefully about how and when … Read Anticipating Coalitional Behavior
Working with Your Agent – and Someone Else’s – In Negotiation
Negotiations become especially complex when agents are involved on two or more sides.
In the course, of their research, Robert Mnookin and Lawrence Susskind discovered that many negotiators often mistakenly assume that an agent representing the other side
… Read More
Israeli Settlement Withdrawal: Negotiation lessons from the past, and planning for the future
This presentation by Karen Lee Bar-Sinai and Prof. Robert Mnookin is the fourth seminar exploring the role of urban planning in negotiation, co-sponsored by the Middle East Negotiation Initiative (MENI) at the Program on Negotiation and the Harvard Graduate School of Design.
… Read More
Unilateral Initiatives in the Israeli/Palestinian Conflict
Yaakov Katz, a correspondent for The Jerusalem Post and Jane’s Defence Weekly, and Prof. Robert Mnookin, the Samuel Williston Professor of Law at Harvard Law School, will discuss Unilateral Initiatives in the Israeli/Palestinian Conflict.
… Read More
Water Diplomacy: Using a Creative Approach
The case of Jordan and Israel shows how even countries at war can negotiate a water agreement if it is framed in non-zero sum terms and trust continues to be built over time. And that is not the only case of a treaty that has succeeded against all odds to bridge conflicting water interests; the … Read Water Diplomacy: Using a Creative Approach
Water Diplomacy: Value Creating Approachs to Water Negotiation
Zero-sum thinking emerges when people conceive of water as a fixed resource – one provided by nature in a given quantity that is either static or diminishing. Based on these assumptions, diplomats often focus on what share of the existing water will be given to each entity. Negotiations of this type typically involve decision makers … Read More
Water Diplomacy: The Role of Science in Water Diplomacy
Scientific and technical knowledge is important in water negotiations, but not in the ways it has often been used. It is counterproductive to use scientific information to justify arbitrary (political) decisions. For example, scientific information about water has increased dramatically over the last several decades, but our ability to manage water resources has not improved … Read More
Water Diplomacy: Creating Value and Building Trust in Transboundary Water Negotiations – Israel and Jordan, From War to Water Sharing
Most difficulties in water negotiations are due to rigid assumptions about how water must be allocated. When countries (or states) share boundary waters, the presumption is that there is a fixed amount of water to divide among them, often in the face of ever-increasing demand and uncertain variability. Such assumptions lead to a zero-sum mindset, … Read More
Robert Mnookin Honored by International Academy of Mediators with Lifetime Achievement Award
Program on Negotiation Chair Robert Mnookin was honored by the International Academy of Mediators with a lifetime achievement award during the organization’s fall 2012 conference in Cambridge, Massachusetts.
… Read More
The Pulitzer Board Stands in Judgment
On April 16, the Pulitzer Prize board announced its annual writing prizes, with two notable omissions: the board chose not to award Pulitzers in the categories of fiction and editorial writing. The reaction from the publishing industry to the Pulitzer’s fiction snub, in particular, was swift and hostile. “If I feel disappointment as a writer … Read The Pulitzer Board Stands in Judgment
When Others are Counting on You
Unless your official title is “lawyer” or “agent” you probably don’t think of yourself as an agent. But if you’ve ever represented a family member, your boss, your department, or your organization in a negotiation, you’ve served as that party’s agent.
Representing others at the bargaining table creates both opportunities and hazards. In their book, Negotiating … Read When Others are Counting on You
PON faculty member leads Water Diplomacy Workshop
This summer, senior Arab and Israeli water negotiators and policymakers will convene in Cambridge, Massachusetts, along with individuals from more than 15 other countries to participate in the Water Diplomacy Workshop (www.waterdiplomacy.org) — a highly interactive, train-the-trainer program designed to help senior water managers improve their capacity to resolve complex water disputes. The initiative is … Read PON faculty member leads Water Diplomacy Workshop
Does the majority really rule?
When a group of people are negotiating, what’s the best way to arrive at a decision? Ever since U.S. general Henry M. Robert published Robert’s Rules of Order in 1876, groups have relied on the principle of majority rule, measured with a simple yea or nay vote at the end of the negotiation process.
Majority rule … Read Does the majority really rule?
Winning at “Win-Win”
Lawrence Susskind (Ford Professor of Urban and Environmental Planning, Massachusetts Institute of Technology)
“Win-win” has become a popular term in the field of negotiation, but many people have mis-perceptions about what it actually means. In this blog post, Professor Lawrence Susskind, a member of PON’s Executive Committee, clarifies that a “win-win” negotiated outcome is … Read Winning at “Win-Win”
Negotiation training leads to more effective water diplomacy
Negotiation skills are a critical, although often overlooked, aspect of water management, especially in situations where water crosses boundaries. Conflicts arise when water is managed as a fixed or scarce resource, and allocated in a way that assumes some parties will gain while others lose. In a recent blog post, Professor Lawrence Susskind examines … Read More
Learning multi-party negotiation from Vice-President Biden
Vice President Joe Biden is the President’s “secret weapon” in the coming budget negotiations, suggests Victoria Pynchon, in a recent post to the blog She Negotiates…and Changes Everything on Forbes.com. Pynchon argues that despite the fact that Biden is known for his public gaffes, it is his behind-the-scenes negotiation skills that make him a valuable … Read More
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 I Learned to Stop Worrying and Love the Camera: Video in Negotiation Pedagogy
How can video be used to enhance the teaching of negotiation? This question was addressed by Michael Moffitt from the University of Oregon Law School in his presentation called “How I Learned to Stop Worrying and Love the Camera: Video in Negotiation Pedagogy” at the NP @ PON faculty dinner seminar on April 21, 2011. … Read More
Getting Agreement on Energy Policies and Plans
Lawrence Susskind (Ford Professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; author of Built to Win; co-author of Breaking Robert’s Rules and Breaking the Impasse)
Making public policy about energy has been a scattered, uncoordinated disaster. In this posting, the author argues for a negotiated, consensus building approach to energy planning.
Read More
… Read Getting Agreement on Energy Policies and Plans
Helping Decentralized Organizations Negotiate More Effectively
Lawrence Susskind (Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; author of Built to Win; co-author of Breaking Robert’s Rules and Breaking the Impasse)
How can organizations with offices spread over a large geographical region negotiate competently? In this posting, the author gives suggestions for putting a realistic system in place.
Read More
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Lawrence Susskind awarded first Mediators Beyond Borders ‘Peacemaker’ Award
PON Executive Committee member Professor Lawrence Susskind was awarded the first Kenneth Cloke Peacemaker Award for outstanding and lasting contributions in International Peacebuilding at the Mediators Beyond Borders annual conference.
To learn more about the award, click here.
To learn more about Mediators Beyond Borders, click here.
… Read More
Collaborative Rationality
Lawrence Susskind (Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; author of Built to Win; co-author of Breaking Robert’s Rules and Breaking the Impasse)
A new theory for generating and justifying decisions builds on a solid foundation of negotiation principles. In this posting, the author describes the reasoning behind collaborative rationality and … Read Collaborative Rationality
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
Negotiation Video of Professor Lawrence Susskind Teaching Executive Education
This negotiation video is a segment taken from PON’s “Negotiation Pedagogy Series, Part 2.” MIT Professor Lawrence Susskind uses the case “Teflex Products” to teach an Executive Education Seminar on how to deal with an angry public.
To watch more PON Videos, click here.
To watch PON videos on YouTube, click here.
… Read More
Dispute Prevention: It’s a Good Idea, Right?
Lawrence Susskind (Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; co-author of Built to Win, Breaking Robert’s Rules and Breaking the Impasse)
Putting a dispute handling system in place has been shown to eliminate many disagreements or misunderstandings. So why are some industries reluctant to do so? In this posting, the author … Read Dispute Prevention: It’s a Good Idea, Right?
Dealing With the Government
Adapted from “Negotiating with Regulators,” by Lawrence Susskind (professor, Massachusetts Institute of Technology), first published in the Negotiation newsletter.
When preparing to launch new products, plans, and innovations, an organization often must apply for licenses, permits, and other types of regulatory approvals from government agencies. Thankfully, even the most elaborate application processes allow individual regulators a … Read Dealing With the Government
Negotiating the Gulf Disaster Video
In this video, PON Professor Lawrence Susskind discusses compensatory payments made after the Gulf Oil Spill at an event held at the MIT Museum. Click read more to watch the full video on the PON site.
To watch this video on the MIT World website, click here.
… Read Negotiating the Gulf Disaster Video
Help Your Organization Do More with Less
Adapted from “How to Do More with Less,” by Lawrence Susskind (professor, Massachusetts Institute of Technology), first published in the Negotiation newsletter.
Times are tough, and managers need to find a way to squeeze more out of every contract negotiation. How can you improve how your organization negotiates?
Though we tend to think of negotiation as an … Read Help Your Organization Do More with Less
Who Will Guarantee the Safety of Off-shore Oil and Gas Facilities?
Lawrence Susskind, Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; author of Built to Win; co-author of Breaking Robert’s Rules and Breaking the Impasse
Building consensus among regulators and the oil and gas industry about how to avoid future oil spills may be easier than previously thought. In this posting, Lawrence Susskind … Read More
Make Compensatory Payments in the Gulf Coast NOW!
Lawrence Susskind, Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; author of Built to Win; co-author of Breaking Robert’s Rules and Breaking the Impasse
The BP oil spill in the Gulf region inadvertently created a nightmare for mediators. In this posting, Lawrence Susskind lays out a reasonable plan that addresses prompt dispersal … Read Make Compensatory Payments in the Gulf Coast NOW!
The 900-pound Counterpart
Adapted from “Negotiating with a 900-pound Gorilla,” by Lawrence Susskind (professor, Massachusetts Institute of Technology), first published in the Negotiation newsletter.
Does your company ever have to negotiate with a behemoth that dominates your market–the so-called 900-pound gorilla? Whether they’re big-box retailers with aggressive pricing strategies or well-established computer software providers, one or two companies seem … Read The 900-pound Counterpart
Multiparty Negotiation wins IACM Outstanding Book Award
Multiparty Negotiation by Lawrence Susskind and Larry Crump (2008) won the International Association for Conflict Management’s 2008-2009 Outstanding Book Award at the 23rd annual IACM Conference last week.
The IACM committee stated that:
– This book is one of the most ambitious set of readings in recent memory, along side the Druckman and Diehl volumes on Conflict … Read More
Staying in touch with strategic partners
Adapted from “Handle with Care: Negotiating Strategic Alliances,” by Lawrence Susskind (professor, Massachusetts Institute of Technology), first published in the Negotiation newsletter.
Some business partnerships are more important than others. This is especially true in supply chains, where producers of key components can be irreplaceable.
Consider the relationship between two hypothetical companies, Brattlebury Corporation, which manufactures … Read Staying in touch with strategic partners
Pick the Right Agent
So, you’ve decided to use an agent in your next negotiation. Now what?
It’s important not to rush headlong into the process of choosing an agent—picking the first one you speak to, for example, and sending him off to talks the next day. You need to choose your agent carefully, then establish a clear, detailed understanding … Read Pick the Right Agent
The Consensus Building Approach to Dealing With Town Hall Disruptions
The debate over how to reform health care has quickly become volatile and often unproductive, with the media focusing on who brings the largest group of shouting protesters.
Professor Lawrence Susskind of the Program on Negotiation and the Consensus Building Institute outlines in his blog how to use a consensus building approach to improve the level … 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
An Author’s Reception with Hal Movius and Larry Susskind
On May 6, 2009, Hal Movius and Larry Susskind spoke about their new book “Built to Win: Creating a World Class Negotiating Organization” (Harvard Business Publishing) at an author’s reception in the PON Library. Movius and Susskind were available to sign copies of their book and answer questions.
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Conflict Within the Ranks: Diagnosing Sources of Conflict
Conflict within an organization can not only damage morale but also cut into productivity and ultimately profits. Once you recognize that there is ongoing conflict in your organization, how do you go about diagnosing the source?
In his June 2004 article, “Divided, You’ll Fall: Managing Conflict Within the Ranks,” Lawrence Susskind describes the work done by … Read More
Does Your Company Have to Negotiate with a Giant that Dominates Your Business Market?
Individuals in this position often feel as though they have few if any options. In his February 2006 article in Negotiation newsletter, “Negotiating with a 900-Pound Gorilla,” MIT Professor Lawrence Susskind offers strategies for how negotiators in a weak position should deal with a seemingly all-powerful opponent.
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Elegant Solutions in Business Negotiations
You’re facing business negotiations with the goliath in your industry. What’s your choice? Take what little the other side offers or be squeezed out of the market entirely?
… Read Elegant Solutions in Business Negotiations
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- Business Negotiations
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- Dealing with Difficult People
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- Negotiating with Difficult Personalities and “Dark” Personality Traits
- M&A Negotiation Strategy: Dealing with an Unpredictable Counterpart
- Bargaining in Bad Faith: Dealing with “False Negotiators”
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- AI Mediation: Using AI to Help Mediate Disputes
- How Mediation Can Help Resolve Pro Sports Disputes
- Mediation Training: What Can You Expect?
- Undecided on Your Dispute Resolution Process? Combine Mediation and Arbitration, Known as Med-Arb
- Types of Mediation: Choose the Type Best Suited to Your Conflict
- Negotiation Skills
- Negotiation Training
- Trust in Negotiation: Does Gender Matter?
- Negotiation Training: What’s Special About Technology Negotiations?
- Cole Cannon Esq. Shares His Negotiation and Leadership Experience
- Gender and Negotiation: New Research Findings
- Ethics and Negotiation: 5 Principles of Negotiation to Boost Your Bargaining Skills in Business Situations
- Salary Negotiations
- Teaching Negotiation
- Act Now to Purchase Materials for Next Semester and Avoid a Price Increase
- Negotiating Identity and Values-Based Disputes
- Learn from the Best with the Great Negotiator Case Studies
- Casino Two: Updated Version of Casino Available from the TNRC
- Teach Your Students How to Have Difficult Conversations Over Email
- Win-Win Negotiations