Most negotiations call for very different, even opposing, skills: collaboration and competition. To get a great deal, we typically must work with others to find new sources of value while also competing with them to claim as much of that value for ourselves. Before mastering the intricacies of value creation in negotiation, it helps to … Read More 
Learn how to negotiate like a diplomat, think on your feet like an improv performer, and master job offer negotiation like a professional athlete when you download a copy of our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.
negotiation strategies
What are Negotiation Strategies?
While you might choose from any number of negotiation strategies, we recommend taking a mutual-gains approach.
Negotiation strategies that promote a mutual gains approach to the bargaining table can help you not only achieve a negotiated agreement with a difficult counterpart but also help a negotiator find ways to create value and expand the pie of resources. To do this, you have to establish a relationship with your counterpart and through this discover the zone of possible agreement with her (ZOPA).
When you know the areas of agreement where you and your counterpart are in alignment (and those areas on which you diverge), a skilled negotiator can craft an agreement that most closely approximates her own and her counterpart’s needs while building a bargaining relationship with her counterpart. Rather than antagonistic, the negotiation process becomes a value-creating, integrative situation in which each side gets a “fair share” of the pool of resources.
To mount a successful negotiation campaign, negotiators need to follow these negotiation strategies:
- Never take victory for granted in a complex, multiparty setting.
- Identify and nurture potential allies before you need their support.
- Identify all of your likely and potential opponents at the start of the process.
- Beware of the possibility of opponents with diverse concerns teaming up to form a blocking coalition.
- Listen to the concerns of potential opponents and address them to the extent possible.
- Remember that negotiation continues during the implementation stage and requires ongoing support to succeed.
The best negotiators understand the importance of using these win-win negotiation strategies: when both sides are satisfied with their agreement, the odds of a long-lasting and successful partnership are much higher.
Build powerful negotiation strategies 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.
The following items are tagged negotiation strategies:
Unlocking Value in Complex Business Deals
Bonus day for December Negotiation and Leadership program.
Gain the strategies, tools, and frameworks you need to manage difficult conversations effectively in this program led by negotiation experts Sheila Heen and Douglas Stone.
… Read Unlocking Value in Complex Business Deals
Negotiation Master Class November 2024 Program Guide
Over the years thousands of professionals have participated in negotiation programs at the Program on Negotiation (PON) at Harvard Law School. And after a few months or years of putting their negotiation skills and techniques to work, participants inevitably ask us, what’s next?
… Read More
Negotiation with Your Children: How to Resolve Family Conflicts
Few negotiation examples in real life demonstrate the benefit of effective conflict resolution skills than those disputes that arise in the home, such as those between parents and children. Getting a good night’s sleep and eating a healthy dinner might seem like obvious goals for parents to have for their young children, but kids won’t … Read More
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY PROGRAM | June 9–11, 2025
Our program will feature:
Role plays and negotiation exercises—You’ll have the opportunity to test what you learn by taking part in realistic negotiations with your fellow participants.
One-on-one interaction with top faculty—You’ll have the opportunity to talk one-on-one with negotiation experts from Harvard, and … Read More
Business Negotiation Strategies: How to Negotiate Better Business Deals
Written by some of the nation’s foremost experts in negotiation, Business Negotiation Strategies: How to Negotiate a Better Business Deal gives you the tools you need to navigate even the stickiest business deals.
… Read More
The Star Wars Negotiations and Trust at the Negotiation Table
What is negotiation in business? Negotiation research has identified it as a process of building trust and negotiation tactics for building trust at the bargaining table have proven effective in helping negotiators create, and claim, more value out of dealmaking scenarios.
… Read More
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY PROGRAM | May 12–14, 2025
Our program will feature:
Role plays and negotiation exercises—You’ll have the opportunity to test what you learn by taking part in realistic negotiations with your fellow participants.
One-on-one interaction with top faculty—You’ll have the opportunity to talk one-on-one with negotiation experts from Harvard, and … 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
Best Negotiators in History: Nelson Mandela and His Negotiation Style
The late Nelson Mandela will certainly be remembered as one of the best negotiators in history. He was clearly “the greatest negotiator of the twentieth century,” wrote Harvard Law School professor and former Program on Negotiation Chairman Robert H. Mnookin in his seminal book, Bargaining with the Devil, When to Negotiate, When to Fight.
… Read More
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY PROGRAM | April 7–9, 2025
Our program will feature:
Role plays and negotiation exercises—You’ll have the opportunity to test what you learn by taking part in realistic negotiations with your fellow participants.
One-on-one interaction with top faculty—You’ll have the opportunity to talk one-on-one with negotiation experts from Harvard, and … Read More
International Negotiations: Cross-Cultural Communication Skills for International Business Executives
In this Special Report, we offer expert advice to help you in international negotiations. You will learn to cope with culture clashes, weigh culture against other important factors, prepare for possible cultural barriers and much more.
… Read More
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
Beyond the Back Table: Working with People and Organizations to Get to Yes
NEW ONLINE PROGRAM! BEYOND THE BACK TABLE: WORKING WITH PEOPLE AND ORGANIZATIONS TO GET TO YES February 25–26, 2025 | 9:00 a.m. – 5:00 p.m. ET
Go Beyond the Back Table
In this two-day online course, you will step back to look beyond the negotiating table and discover how to understand and manage the individuals and groups who are not … Read More
Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator
Students who master business negotiation become better leaders. But it starts with building the right skills. And that’s where our latest free report comes in. In Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, you’ll learn:
… Read More
Crisis Negotiation Skills: The Hostage Negotiator’s Drill
Here are some negotiating skills from the world of crisis negotiations: Hostage negotiators stress the importance of discussing the “drill”—goals, ground rules, and operating principles—with their team before beginning talks with a hostage taker.
… Read More
Negotiation and Leadership: Dealing with Difficult People and Problems
Negotiation and Leadership: Dealing with Difficult People and Problems THREE-DAY PROGRAM | December 2–4, 2024
Our program will feature:
Role plays and negotiation exercises—You’ll have the opportunity to test what you learn by taking part in realistic negotiations with your fellow participants.
One-on-one interaction with top faculty—You’ll have the opportunity to talk one-on-one with negotiation experts from Harvard, and … Read More
Negotiation Strategies for Women: Secrets to Success
Whether you’re a woman or a man, you’ve probably seen gender gaps in the workplace and wondered how to overcome them. In Negotiation Strategies for Women: Secrets to Success, you’ll find critical ways to help women negotiators advance.
… Read More
Negotiation Strategies: Emotional Expression at the Bargaining Table
Most of the existing negotiation research on affect in negotiation has focused on emotional experience rather than on emotional expression.
… Read More
Beyond the Back Table: Working with People and Organizations to Get to Yes
NEW ONLINE PROGRAM! BEYOND THE BACK TABLE: WORKING WITH PEOPLE AND ORGANIZATIONS TO GET TO YES March 13-14, 2024 | 9:00 a.m. – 5:00 p.m. ET
Go Beyond the Back Table
In this two-day online course, you will step back to look beyond the negotiating table and discover how to understand and manage the individuals and groups who are not … Read More
Sales Negotiations: How to Get To Win-Win
In this Special Report, we offer expert advice to help you close your most important sales negotiations.
… Read Sales Negotiations: How to Get To Win-Win
3 Negotiation Strategies for Conflict Resolution
When a dispute flares up and conflict resolution is required, the outcome can be sadly predictable: the conflict escalates, with each side blaming the other in increasingly strident terms. The dispute may end up in litigation, and the relationship may be forever damaged.
… Read 3 Negotiation Strategies for Conflict Resolution
Win-Win or Hardball?: Learn Top Strategies from Sports Contract Negotiations
In this Special Report, we offer advice from the world of sports to help you navigate your most important negotiations. You will learn to get your head in the game, manage team dynamics, and get a competitive edge.
… Read More
Famous Negotiations Cases – NBA and the Power of Deadlines at the Bargaining Table
It’s a classic famous negotiations case. In the summer of 1988, National Basketball Association (NBA) team owners and players were at loggerheads over their new contract. At midnight on June 30, the owners declared a lockout, halting preparations for the start of the 1998–99 NBA season. The players and owners negotiated for six long months, … Read More
Effective Negotiation Strategies for Dealing with Competitors
In the business world, organizations take competition for granted, to the extent that they often overlook opportunities to meet their goals by working with one another. But the benefits of negotiation in business can extend to our dealings with competitors. Recent high-profile negotiations highlight three effective negotiation strategies competitors can use to cooperate and compete.
… Read More
Advanced Negotiation Strategies and Concepts: Hostage Negotiation Tips for Business Negotiators
Upset by a delay in the delivery of one of your products, a longtime buyer threatens to turn to the media unless you meet his extreme demands. Not only is the relationship in jeopardy, but your company’s reputation seems to be as well. What should you do? Turn to some tried and true hostage negotiation … Read More
Top 10 Dispute Resolution Skills
Too often, dispute resolution can be an acrimonious and unproductive process. The following 10 negotiation and conflict resolution strategies can help you find creative ways to reach mutually satisfactory agreements.
… Read Top 10 Dispute Resolution Skills
Negotiation Techniques: The First Offer Dilemma in Negotiations
The first offer dilemma in negotiations – should you make the first offer? Few questions related to negotiation techniques and negotiation strategies have yielded more academic attention and debate among practitioners in negotiation research.
… Read More
Salary Negotiation: How to Ask for a Higher Salary
For a new employee, salary negotiation skills can be the most important and the most intimidating, but the most important, of difficult conversations to have at the beginning of your career. A new employee, successfully negotiating a salary offer up by $5,000 could make a huge difference over the course of her career.
… Read More
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.
… Read More
Cross Cultural Communication: Translation and Negotiation
In previous international negotiation articles from cross cultural negotiation case studies, we have focused on how international negotiators can avoid cognitive biases and overcome cultural barriers. But how do negotiators dealing with counterparts that speak another language modify their negotiation techniques to accommodate for the lack of a common language?
… Read More
Trust in Negotiation: Does Gender Matter?
It can be difficult to assess whether to trust a counterpart in negotiation. As a result, we often fall back on unreliable information, such as gender stereotypes, when making trust-related decisions. Let’s review what we know about the link between gender and trust in negotiation, and then consider effective means of measuring and building trust … Read Trust in Negotiation: Does Gender Matter?
Dispute Resolution on Facebook: Using a Negotiation Approach to Resolve a Conflict
For several years, Facebook has been working with social scientists to bring traditional methods of dispute resolution to cyberspace. The site has begun to offer users tools to resolve disputes with one another over offensive or upsetting posts, including insults and photos.
… Read More
How to Use Tradeoffs to Create Value in Your Negotiations
How do expectations of fairness and reciprocity at the bargaining table impact negotiator decisions regarding the strategies and tactics they use during bargaining? Sometimes talks get off on the wrong foot. Maybe you and your partner had a different understanding of your meeting time, or one of you makes a statement that the other misinterprets. … Read More
Negotiating Salary: Confronting the Gender Pay Gap
In December 2014, leaks of data hacked from Sony Pictures revealed that when negotiating salary for their roles in the film American Hustle, actresses Jennifer Lawrence and Amy Adams came away with significantly less than their male costars in the ensemble cast. Lawrence and Adams were paid 7% of the film’s profits; Christian Bale, Bradley Cooper, … Read More
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
Power in Negotiation: The Impact on Negotiators and the Negotiation Process
According to Dacher Keltner of the University of California at Berkeley and his colleagues, power in negotiation affects two primary neurological regulators of behavior: the behavioral approach system and the behavioral inhibition system. Powerful negotiators demonstrate “approach related” behaviors such as expressing positive moods and searching for rewards in their environment.
… Read More
Employment Contract Negotiation: Morals Clauses
Employment contract negotiation in some industries involves the negotiation of morals clauses—an increasingly common way for organizations to protect themselves from employee misbehavior.
… Read Employment Contract Negotiation: Morals Clauses
Negotiation Skills: Which Negotiating Style Is Best?
Is one negotiation style “better” than another? Most research suggests that negotiators with a primarily cooperative style are more successful than hard bargainers at reaching novel solutions that improve everyone’s outcomes.
… Read More
How to Negotiate Mutually Beneficial Noncompete Agreements
If you’re looking to get more leverage out of your next job negotiation, the noncompete agreement that may very well be tucked inside your employment contract could provide an opportunity to achieve the mutually beneficial win-win situation you desire.
… Read More
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”
Expanding the Pie: Integrative versus Distributive Bargaining Negotiation Strategies
Imagine that you’re buying a used car from its original owner. Of course, you want to get the best deal you can for your money, while your counterpart wants to maximize the value of his asset. After haggling with one another, each side finally arrives at a price point acceptable to both parties. But how … Read More
4 Sales Negotiation Traps—and How to Overcome Them
Whether you’re planning to put your home up for sale, trying to unload excess merchandise, or searching for new clients, there’s a good chance you’ll make your next sales negotiation more challenging than it needs to be by falling into common cognitive traps. You can improve your sales negotiation skills by learning about four traps … Read More
Negotiation Skills for Win-Win Negotiations
A few characteristics of negotiation styles include hard bargaining tactics focused on claiming as much value as possible and integrative negotiation strategies such as value creation or win-win negotiation scenarios. What negotiation styles leads to optimal negotiated agreements and are suitable to win-win negotiations? One skill to cultivate that will have a positive impact on … Read Negotiation Skills for Win-Win Negotiations
When a Job Offer is “Nonnegotiable”
Question: I am in my final year of business school and starting to prepare for job interviews. I have heard many of the organizations that recruit on campus are not open to negotiating specific terms of employment. Rather, they offer everyone roughly the same deal terms. To what extent should I respect such conventions versus … Read When a Job Offer is “Nonnegotiable”
How to Negotiate Salary: 3 Winning Strategies
The question of how to negotiate salary seems to preoccupy negotiators more than any other—and with good reason, considering how dramatically even a small salary increase can impact our lifetime earnings. The following three salary bargaining tips from leading negotiation experts will help you gain more from your new-job negotiations.
… Read How to Negotiate Salary: 3 Winning Strategies
Conflict Styles and Bargaining Styles
What type of bargainer are you? Many negotiation strategies are “one size fits all,” but our unique personalities and life experiences will shape how we carry out and react to such strategies. Familiarity with popular models of conflict styles and bargaining styles can help us better understand and work with our own proclivities and … Read Conflict Styles and Bargaining Styles
How to Negotiate a Business Deal
In late 2016 and early 2017, news stories abounded of companies that were having second thoughts about planned mega-mergers. Abbott Laboratories began looking for ways to exit its acquisition of Alere, citing investigations of the medical test maker, for example. And Verizon started rethinking its acquisition of Yahoo! following a data breach at the tech … Read How to Negotiate a Business Deal
Ethics in Negotiations: How to Deal with Deception at the Bargaining Table
You say you would never lie during a negotiation. Your ethical standards are solid—right? Ethics in negotiations are an important subject. Learn how ethics in negotiations can change results at the bargaining table.
… Read More
10 Hard-Bargaining Tactics to Watch Out for in a Negotiation
Some negotiators seem to believe that hard-bargaining tactics are the key to success. They resort to threats, extreme demands, and even unethical behavior to try to get the upper hand in a negotiation. In fact, negotiators who fall back on hard-bargaining strategies in negotiation are typically betraying a lack of understanding about the gains that … Read More
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
How to Negotiate with Friends and Family
“Never do business with friends,” the adage goes. But should you always stay away from an opportunity to negotiate with friends and family? A strict policy of keeping friends and family members out of our business lives would be impractical, and it could cause us to pass up potentially valuable negotiating opportunities.
… Read How to Negotiate with Friends and Family
The Good Cop, Bad Cop Negotiation Strategy
The good cop, bad cop negotiation strategy is common in sales negotiations and other competitive contexts. Learn to identify and defuse this persuasion ploy when it’s tried on you.
… Read The Good Cop, Bad Cop Negotiation Strategy
How Does Mediation Work in a Lawsuit?
No one likes to go to court. Not only is it expensive and time-consuming, but it often leads to frustrating results and damaged relationships. So, how does mediation work in a lawsuit and is legal mediation a better route?
… Read How Does Mediation Work in a Lawsuit?
Dealing with Difficult People: Coping with an Insulting Offer in Contract Negotiations
The following “Ask the Negotiation Coach” question was posed to Dwight Golann, Suffolk University Law School professor and negotiation expert: “I deal with legal disputes and would like to find reasonable solutions without wasting years in court. But my opponents seem to feel compelled to make extreme—actually, insulting—opening offers. How should I respond to these … Read More
Identify Your Negotiation Style: Advanced Negotiation Strategies and Concepts
Have you ever wondered if your negotiation style is too tough or too accommodating? Too cooperative or too selfish? You might strive for an ideal balance, but, chances are, your innate and learned tendencies will have a strong impact on how you negotiate.
… Read More
7 Tips for Closing the Deal in Negotiations
“ABC: Always Be Closing.” That’s the sales strategy that actor Alec Baldwin’s character Blake shared in the 1992 film Glengarry Glen Ross as he tried to motivate a group of real estate salesmen. In his verbally abusive, profanity-laced speech, Blake presented a ruthless model of closing a business deal that ignores customers’ needs and cuts … Read 7 Tips for Closing the Deal in Negotiations
MESO Negotiation: The Benefits of Making Multiple Equivalent Simultaneous Offers in Business Negotiations
In MESO, negotiation in which multiple offers are presented simultaneously at the negotiation table, effective negotiators seek opportunities to create value. By making tradeoffs across issues, parties can obtain greater value on the issues that are most important to them.
… Read More
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
Reservation Point in Negotiation: Reach Negotiated Agreements by Asking the Right Questions
A reservation point negotiation is a bargaining scenario in which each side is trying to reconcile the other’s highest offer and the other’s lowest price. This negotiation example can apply to many other bargaining situations and demonstrates the value of open communication with your counterpart at the negotiation table.
… Read More
Contingency Contracts in Business Negotiations
Question: Lately I have been hearing a lot—both in the news and on the job—about companies using contingencies in contracts. Given that I sometimes negotiate deals that entail a lot of risk regarding how future events will play out, I am interested to know how contingencies work and how I might use them.
… Read Contingency Contracts in Business Negotiations
Value Claiming in Negotiation
In most negotiations, we face two goals: claiming value and creating value. Value can be defined as anything you would like to get out a negotiation, whether it be more dollars, a consulting contract, a new rug, an end to conflict, and so on.
… Read Value Claiming in Negotiation
Cognitive Biases in Negotiation and Conflict Resolution – Common Negotiation Mistakes
Negotiators planning to engage in conflict resolution in a personal or business disputes should be aware of cognitive biases in negotiation, particularly when your dispute is being decided by a judge. Before doing so, you should consider carefully what psychologists, political scientists, and legal scholars have learned about judges from negotiation research and social science: … Read More
Salary Negotiation: How to Ask for a Higher Salary
For a new employee, salary negotiation skills can be the most important and the most intimidating, but the most important, of difficult conversations to have at the beginning of your career. A new employee, successfully negotiating a salary offer up by $5,000 could make a huge difference over the course of her career.
… Read More
Labor Negotiation Strategies
No one likes strikes. They can be financially devastating to employers and employees alike. And because strikes inconvenience the public, whatever popular support striking workers gain may fade when a strike drags on over time.
… Read Labor Negotiation Strategies
BATNA and Other Sources of Power at the Negotiation Table
BATNA negotiations involve a negotiators knowledge of her best alternatives to a negotiated agreement and are one of three sources of negotiating power at the bargaining table, according to negotiation researcher Adam D. Galinsky and New York University’s Joe C. Magee.
… Read More
Types of Conflict in Negotiation
There are many types of conflict in negotiation, from the constructive to the destructive. We consider four types of conflict in negotiation that you can learn to prepare for and address.
… Read Types of Conflict in Negotiation
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
Salary Negotiations in the NBA and Beyond
In negotiation, one great deal can beget another. For the National Basketball Association (NBA), its stellar 2016 national television contract begat dozens of stellar salary negotiations for top players and even mediocre ones. But after the boom year passed, players’ expectations bounced up against reality. The story, which could repeat itself after the next TV … Read Salary Negotiations in the NBA and Beyond
5 Types of Negotiation Skills
Business people who are looking for effective negotiation strategies often confront a dizzying array of advice. It can be useful to take a step back and categorize these strategies into various types of negotiation tactics. Highlighting the benefits of negotiation in business, the following five types of negotiation tactics can help you think more broadly … Read 5 Types of Negotiation Skills
How to Overcome Cultural Barriers in Communication – Cultural Approximations of Time and the Impact on Negotiations
Some of the most fundamental international negotiation skills to develop are negotiation strategies on how to overcome cultural barriers in communication.
… Read More
Essential Negotiation Skills: Limiting Cognitive Bias in Negotiation
In past articles, we have highlighted a variety of psychological biases that affect negotiators, many of which spring from a reliance on intuition, and may hinder integrative negotiation. Of course, negotiators are not always affected by bias; we often think systematically and clearly at the bargaining table. Most negotiators believe they are capable of distinguishing … Read More
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
Unethical Negotiation Tactics: Are You Prepared for Dirty Tricks?
Unethical negotiation tactics are often difficult to detect at the bargaining table. But with advance knowledge of how they unfold, you can prepare to defuse them.
… Read More
Win-Lose Negotiation Examples
When we think of win-lose negotiation examples, we think of competitions in which it seemed that one party had to succeed and the other had to fail. In fact, in the majority of win-lose negotiation examples, a win-win negotiation was possible, but parties overlooked opportunities to create value. As a consequence, they reached subpar results.
… Read Win-Lose Negotiation Examples
Perspective Taking and Empathy in Business Negotiations
We are often counseled to engage in perspective taking and empathetic understanding to achieve better results in business negotiations, both for ourselves and for our counterparts. Yet perspective taking and empathy are two different skills. Perspective taking is a cognitive ability that involves considering how other people think. Empathy, by contrast, involves emotionally connecting with … Read More
How to Maintain Your Power While Engaging in Conflict Resolution
By following these steps, you can keep your edge while encouraging cooperative, rather than competitive, behavior in conflict management.
… Read More
10 Popular Business Negotiation Articles
Here are ten popular business negotiation articles on the Program on Negotiation website. Drawn from a variety of negotiation case studies as well as negotiation research, the following articles offer strategies for engaging in integrative negotiations aimed at creating win-win scenarios for each party at the negotiation table.
… Read 10 Popular Business Negotiation Articles
Strategies to Resolve Conflict: Learning from Star Wars
When we think of conflict-management experts, we tend to think of mediators, lawyers, professors, and hostage negotiators. But what about Jedis, Wookiees, droids, and Sith? After all, “conflict is everywhere in Star Wars,” as Noam Ebner and Jen Reynolds write in the introduction to Star Wars and Conflict Resolution: There Are Alternatives to Fighting. From … Read More
Salary Negotiations in the Era of Fair-Pay Laws
In recent years, some U.S. states have passed fair-pay laws that affect salary negotiations in the workplace. California, for example, passed a law in 2015 that requires all employers operating in the state to prove they pay employees of different genders equally for “substantially similar” work, according to the Wall Street Journal.
… Read Salary Negotiations in the Era of Fair-Pay Laws
Negotiated Agreements: Why You Should Limit Your Options
A process of finding your counterparts interests and reconciling them with your own. But what if you or your counterpart presents a myriad of options and offers at the negotiation table?
… Read More
Creative Negotiation Moves: When a Couple’s Deals Became One
Creative negotiation involves thinking outside the box—seeing the broader possibilities available beyond conventional practice. It’s perhaps no surprise, then, that industry outsiders often are best positioned to negotiate creatively because they are less familiar with “how things are done.”
… Read More
International Negotiations and Cognitive Biases in Negotiation
In discussing international negotiations and cognitive biases in negotiation, professor Cheryl Rivers of Queensland University of Technology in Brisbane, Australia, highlights in a negotiation research literature review, seasoned negotiators often hear stories about the unethical behaviors of people of other nationalities. Perhaps the toughest problems arise surrounding what Rivers calls “ethically ambiguous” negotiation tactics and … Read More
Repairing Relationships Using Negotiation Skills
Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. Some of the most successful negotiation examples of the power of negotiation skills in dispute resolution is when they repair relationships between friends.
… Read Repairing Relationships Using Negotiation Skills
Advice for Bargaining Abroad: Tips on How To Overcome Cultural Barriers
Imagine that you’re the CEO of a sports clothing manufacturer based in Chicago. You recently traveled to Amsterdam, the Netherlands, to meet with a distributor who has a rich and diverse network in the European sports market.
… Read More
MESO: Make Multiple Equivalent Simultaneous Offers to Create Value in Dealmaking Table
MESO negotiation, a negotiation strategy for creating value with a counterpart who may be reluctant to negotiate, allows negotiators to propose multiple offers without signaling commitment or preference for any one option. Business negotiators that practice integrative negotiation strategies often complain that although they try to focus on creating value, they run into far too many difficult … Read More
Negotiation Skills and Bargaining Techniques from Female Executives
Dozens of female CEOs and other high-level women negotiators have told us about their experiences negotiating in traditionally masculine contexts where standards and expectations were ambiguous. Their experiences varied according to the gender triggers that were present in the negotiations and they adapted their negotiation skills to accommodate these shifts.
… Read More
Make the Most of Your Salary Negotiations
What salary negotiation skills can you use if a potential employer asks you about your past salary? If you earned a competitive wage, your concern may be whether the new employer can afford you.
… Read Make the Most of Your Salary Negotiations
Business Negotiations: How to Improve Your Reputation at the Bargaining Table
In multi-issue business negotiations, research suggests that the advantage goes to negotiators with a reputation for collaboration rather than competition. In a series of studies by Catherine H. Tinsley and Kathleen O’Connor, participants were told they would be negotiating with someone who had either a tough reputation, a cooperative reputation, or an unknown reputation. Although … Read More
Win-Win Negotiation Strategies for Rebuilding a Relationship
When negotiators come together after a period of mutual mistrust, it can be difficult for each side to reconcile their grievances with the other. Here are some strategies that others have used to bring bargaining counterparts together even after a long, contentious period of silence.
… Read More
Six Strategies for Creating Value at the Negotiation Table
In today’s market, consumers are often the more powerful parties in negotiations with sellers.
To claim the most value in your next haggling experience, use the following six negotiation strategies.
… Read More
Building Coalitions: Apple and the Art of Persuasion
Whether you have one of its ubiquitous products or even its rivals offerings, you most certainly have heard of Apple, the United States electronics giant whose phoenix-like rise to the top of the business world has inspired legions of fans and detractors alike.
… Read More
Negotiation in Business Without a BATNA – Is It Possible?
In a negotiation scenario, you always have a best alternative to a negotiated agreement. Negotiation research and negotiation strategy helps negotiators find their BATNA, leverage it at the bargaining table, and illustrates the impact that knowing your BATNA has on a negotiation.
… Read More
Developing Negotiation Skills for Integrative Negotiations – Does Personality Matter?
Imagine that after some negative experiences at the bargaining table or if you are frustrated in your efforts to improve your negotiation skills, you’ve started to worry that you simply don’t have the right personality to be a great negotiator let alone a value-creating, integrative negotiations expert. The other party always seems to get the … Read More
How to Overcome Cultural Barriers in Negotiation
Imagine that you’re the American representative of a U.S. food company, and you’re hoping to procure a new ingredient for several of your products from a German company. A representative from the company is flying in to meet with you. Do you expect your German counterpart to behave differently than the Americans you typically deal … Read How to Overcome Cultural Barriers in Negotiation
Managing Difficult Conversations: Achieving Objectives with Backmapping Negotiation Strategies
The problem: Your negotiation seems to be over before it has begun. Your targeted counterpart is refusing to sit down with you or simply ignoring your requests. How can you get her to see that she would benefit from negotiating with you?
… Read More
The Opposite of Autocratic Leadership Styles
While the advantages and disadvantages of leadership styles are not always readily apparent, one thing is certain – being decisive while avoiding autocratic leadership tactics is necessary for successful leaders and negotiators alike. Navigating these treacherous waters can be extraordinarily challenging, but it can also give rise to creative decisions that help resolve disagreements in … Read The Opposite of Autocratic Leadership Styles
Emotional Intelligence in Negotiation
You feel a little nervous during your first meeting with a new colleague, Steve, to negotiate a long-term project to be co-managed by your respective divisions, but he immediately puts you at ease. Warm and friendly, he makes it clear he’s highly motivated to reach an arrangement that will help both divisions. When talks grow … Read Emotional Intelligence in Negotiation
An International Negotiation Process Leads to a Fragile Agreement in Ukraine
Ever since Russia blockaded the Black Sea at the start of its war on Ukraine, most of Ukraine’s abundant grain harvest has been trapped in silos, far from those who count on it for survival. The closing of ports in Ukraine, one of the world’s great breadbaskets, threatened to bring famine and political unrest to … 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
The Importance of Communication in Multiparty Negotiations
When a team is preparing for a critical negotiation, members need to appoint a leader, allocate roles and responsibilities, and discuss their at-the-table strategy. Another key objective that teams sometimes fail to discuss is the importance of staying “on message” – that is, making sure that statements by individual members don’t contradict the group’s agreed-upon … Read More
Ask A Negotiation Expert: Learning From Humanitarian Negotiations Amid International Conflict
International Committee of the Red Cross (ICRC) president Peter Maurer views negotiation as integral to the ICRC’s mission of providing humanitarian aid to people in international conflict zones. A former Swiss minister of foreign affairs and ambassador to the United Nations, Maurer is the ICRC’s chief negotiator and promotes the development of negotiation skills within … Read More
Dealing with Difficult People and Unethical Negotiation Tactics
The fallout from unfair and ill-advised negotiated agreements can reverberate for years to come, as the City of Miami learned from its 2009 stadium deal with former Florida Marlins owner Jeffrey Loria. The story highlights aspects of dealing with difficult people, including their threats, questionable claims, and other potentially unethical negotiation tactics.
The Great Switcheroo
Back in … 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
Ask A Negotiation Expert: Using Law Teaching Materials to Build Bridges
Amid our polarized political climate, dysfunction and conflict seem to rule the day in the U.S. Congress and state legislatures. To help legislators and their staff learn to build bridges and negotiate through impasse, the Harvard Kennedy School (HKS) Legislative Negotiation Project, with support from the William and Flora Hewlett Foundation Madison Initiative, has developed … Read More
The Top Three Defensive Negotiation Strategies You Need to Know
In the course of a career, a negotiator will confront many skilled persuaders. Here, we review three defensive negotiation strategies a negotiator can employ.
… Read More
Mediation Checklist: 5 Questions to Ask When Hiring Mediators
Are you hiring a mediator? When considering a potential mediator, create a mediation checklist and ask the following questions of those who have worked with him in the past.
… Read More
Putting Your Negotiated Agreement Into Action
Normally negotiators focus on the deal-at-hand as well as those present at the negotiation table, neglecting other aspects of the negotiated agreement that would not only impact others outside of the room but also require their cooperation for the agreement’s success and viability.
… Read Putting Your Negotiated Agreement Into Action
Negotiating for a Win Win Coalition at the Bargaining Table
If a pet project of yours is facing an up-or-down vote, negotiation can be a powerful tool to help sway the outcome in your favor. One example was New York governor Andrew M. Cuomo’s successful campaign to legalize same-sex marriage in the state, as described by Michael Barbaro in the New York Times.
… Read More
Crisis Negotiation: The European Financial Crisis
Planning for crisis negotiation scenarios, particularly in international negotiations, can help negotiators develop strategies before a crisis emerges. Here are some of the negotiation strategies European central bank leaders uses during the financial crisis to help prevent a market collapse.
… Read Crisis Negotiation: The European Financial Crisis
The Importance of Negotiation for Female Negotiators: Women Should “Negotiate Hard”
When U.S. First Lady Michelle Obama was offered her first job after law school, it didn’t even occur to her to negotiate for a higher salary, she said in a recent interview in Parade magazine.
… Read More
Integrative Negotiations, Value Creation, and Creativity at the Bargaining Table
When life becomes routine we are more likely to overlook details or, conversely, we cannot see the forest for the trees. In both instances, what we may lack is a creative outlook on the situation at hand. In negotiations, creativity can lead to value-creation for both parties.
… Read More
How to Negotiate with Difficult People: International Negotiation, and a Refusal to Communicate
Business negotiators sometimes face the difficult question of whether to negotiate with someone they believe to be immoral, untrustworthy, or otherwise undesirable as a negotiating partner. In his book Bargaining with the Devil: When to Negotiate, When to Fight (Simon & Schuster, 2011), Program on Negotiation chair Robert Mnookin offers negotiation advice on the complex … Read More
MESO Negotiation Strategies and Negotiation Techniques
MESO negotiation techniques for negotiators include creating value at the bargaining table by identifying multiple proposals of equal value and presenting them to your counterpart simultaneously. By making tradeoffs across issues, parties can obtain greater value on the issues that are most important to them. But how can you be sure you’re making the right … Read More
In Employment Contract Negotiation, “No Haggling” Isn’t the Answer
Back in spring 2015, Ellen Pao, the former CEO of social networking and news website Reddit, revealed in an interview with the Wall Street Journal that her company had taken a bold move in its efforts to create an “equal opportunity environment for everyone” at the company. Specifically, Reddit no longer negotiates salary with job … Read More
Salary Negotiations and How to Negotiate Performance-Based Pay
Salary negotiations are never predictable. Imagine that you are a sales rep with a company that is getting hit hard by a financial crisis. No one has been laid off yet, but everyone is nervous about that possibility. In an effort to save jobs, your sales manager has quietly proposed that everyone take lower base … Read More
Break a Competitive Cycle with Win-Win Negotiation Strategies
Negotiators seeking to break through the mythical fixed-pie mindset can try the following three proven strategies, suggested by Max Bazerman for finding mutually beneficial tradeoffs.
… Read More
How to Create Value at the Negotiation Table: Strategies for Creating Win-Win Negotiations
While you might choose many processes for conducting your negotiations, we recommend the following three steps of a mutual-gains approach to negotiations:
… Read More
Negotiation Strategies: Bernie Sanders’ Pragmatic Approach to Negotiating in the Senate
When dealing with difficult people, we tend to expect them to be rigid negotiators who will walk away if they don’t get everything they want. But a gruff demeanor may not necessarily translate into a hard-nosed negotiating style.
… Read More
Dealmaking Tips: 7 Negotiation Tactics for Saving a Deal from Collapse
Even after the best negotiations, sometimes the other side will demand a renegotiation of the deal. Here are some guidelines on how to proceed in a negotiation.
… Read More
Integrative Negotiations: Using Social Proof as a Business Strategy
What do we do when we’re uncertain about how to behave in business negotiations? We study the behavior of others in similar situations.
… Read More
In Business Negotiations, Dress the Part
Negotiators involved in high-stakes mergers and acquisitions typically come to the table armored in meticulously tailored apparel and designer shoes. But as Dana Mattioli reports in a recent Wall Street Journal negotiation topics in business article, those who are trying to woo business from an apparel company often end up dressing down at the bargaining … Read In Business Negotiations, Dress the Part
International Negotiation Role Playing: Understanding the Theory and Practice of Systemic Peacebuilding
Policymakers, practitioners, and academics have seized on the need for peacebuilding negotiation strategies in international negotiation to be as complex and adaptive as the societies within which they work.
As a result, there are loud calls for “whole of government” or “whole of community” approaches that cross traditional sectoral boundaries. The problem is that these approaches are … Read More
Negotiation Ethics: How to Navigate Ethical Dilemmas at the Bargaining Table
After buying a new car, you’re eager to sell your old car. It looks well kept, but you had problems with the engine last winter. Now it’s late summer. Should you tell prospective buyers about the engine, which might or might not act up when the weather turns?
… Read More
What is BATNA?
What is BATNA? Negotiations in which each counterpart has a best alternative to a negotiated agreement are scenarios in which the incentive to work together must exceed the value of alternatives away from the negotiation table.
… Read What is BATNA?
Negotiation Skills in Business Communication – Use Chaos to Your Advantage at the Bargaining Table
Some of the most successful negotiation examples that we have covered here include negotiators engaging in improvisation at the negotiation table, turning chaotic situations into advantages in negotiation scenarios.
… Read More
How to Use MESOs in Business Negotiations
It’s not uncommon in business negotiations to find yourself on the brink of impasse. You and your counterpart have exchanged a series of offers and counteroffers, and you’ve met somewhere close to the middle—but not close enough. With each side firmly rooted in its position, there may seem to be no way forward.
… Read How to Use MESOs in Business Negotiations
What is the Right of First Refusal?
When transferring property, sellers sometimes insist on real estate rights of first refusal – the chance to be first in line to repurchase the property if their buyer later decides to sell.
… Read What is the Right of First Refusal?
Negotiation Strategies: Seek Advice from Others When Negotiating
Negotiation skills in business communication and seeking advice from others, what are the potential benefits? Advice seeking inherently employs multiple self-presentation tactics (including ingratiation, self-promotion, and supplication), it allows us to improve both our competence and our likability.
… Read More
Definition of the Winner’s Curse in Negotiations
The winner’s curse negotiations, when a negotiator overbids for an item due to competitive pressure or other non-value related factors, is a major pitfall that integrative bargainers should seek to avoid.
… Read Definition of the Winner’s Curse in Negotiations
Make the Most of Negotiation Skills Training
Across the globe, negotiation skills training has become a common activity in managerial life. Organizations often take steps to improve their managers’ negotiation skills and their ability to manage other negotiators by enrolling them in negotiation skills training programs.
… Read Make the Most of Negotiation Skills Training
South Korea’s Innovative Long-Term Negotiation Strategy with North Korea
In negotiation, a combination of several negotiation strategies may be needed to move past a difficult impasse. The decades-long protracted negotiations between North Korea and South Korea provides such a case study.
… Read More
A Crisis Negotiations Case Study: Chen Guangcheng, the United States, China, and Diplomatic Negotiations
US Secretary of State Hillary Clinton’s indirect approach to diplomatic negotiations with the People’s Republic of China over political dissdent Chen Guangcheng demonstrates the power of adaptability at the bargaining table, especially when dealing with a counterpart from a different culture or who may speak a different language.
… Read More
Negotiation Strategies and Techniques for Activists: Lessons from Mandela
In the aftermath of George Floyd’s killing in Minneapolis by a White police officer, activists, politicians, and other concerned citizens are grappling with a big question: Where do we go from here? The quest for reforms to policing and other societal institutions can be pursued through many means, including continued demonstrations, political lobbying, and community-wide … Read More
Collaborative Leadership at the Louvre
When faced with conducting a series of negotiations with numerous counterparts, we often benefit from teaming up with colleagues. There’s much to learn about collaborative leadership from the deals that curators at France’s Louvre Museum conducted to secure loans of Leonardo da Vinci works for a major exhibit that opened in October 2019, as Kelly … Read Collaborative Leadership at the Louvre
Contract Renegotiation in a Time of Crisis
The COVID-19 pandemic has left many of us negotiating circumstances we never envisioned just months ago, from health crises to lost jobs to plummeting sales. Businesses of all sizes, in particular, are faced with the difficult task of contract renegotiation as a result of parties’ inability to meet current deal terms.
Unfortunately, contract renegotiation is much … Read Contract Renegotiation in a Time of Crisis
Videoconferencing in Business Negotiation
With face-to-face negotiations currently hazardous to our health, businesspeople across the world have switched to Zoom meetings, Skype calls, Google Hangouts, and other forms of videoconferencing. In addition to enabling social distancing, videoconferencing seems at first glance to have all the advantages of in-person meetings. It eliminates the costs of meeting face to face, including … Read Videoconferencing in Business Negotiation
Operating Short-Term to Long-Term through the COVID-19 Pandemic: Negotiating a Global Renaissance with Science Diplomacy
In case you missed it, Paul Berkman, Professor of Practice in Science Diplomacy and Founding Director of the Science Diplomacy Center at Tufts University, recently gave a Zoom talk about science diplomacy in the age of COVID-19, hosted by the Program on Negotiation (PON).
We now are in the early stages of the COVID-19 pandemic, when … Read More
Ask A Negotiation Expert: Network Building in the Middle East
A lack of effective communication has worsened ongoing conflicts in the Middle East. In 2014, regional stakeholders created the Negotiation Strategies Institute (NSI) to promote communication across disputing governments and other groups affected by the conflict. With the Harvard Negotiation Project (HNP) as its academic sponsor, NSI holds an intensive 10-month executive program each year … Read More
How to Bargain Salary: Laughing Matters?
As they contemplate how to bargain salary, job candidates are often at a disadvantage relative to the hiring organization. Due to the well-documented anchoring effect, the first figure introduced into a negotiation tends to strongly influence the final outcome. Unfortunately for candidates, the wage or wage range that employers give in a job listing or … Read How to Bargain Salary: Laughing Matters?
Conflict and Negotiation Case Study: Long-Term Business Partnerships and Negotiated Agreements
To protect the future interests of their organization, negotiators sometimes must accept fewer benefits or absorb greater burdens in the short run to maximize the value to all relevant parties – including future employees and shareholders – over time.
Suppose that the operations VPs of two subsidiaries of an energy company are preparing to negotiate the … Read More
Body Language in the Negotiation Process and the Impact of Gender at the Bargaining Table
How important is body language in the negotiation process? Negotiators are often advised to engage in small talk before getting down to business.
… Read More
Powerful Conflict Resolution Games to Help You Teach Negotiation
From complicated negotiation strategies to artful subterfuge, conflict resolution games are one of the very best ways to prepare for the challenges of real-world negotiation. Games that employ a Prisoner’s Dilemma structure (where rational parties may not cooperate despite their best interests) enable participants to analyze negotiations, make strategic decisions, and anticipate their counterpart’s next … Read More
International Negotiation Strategies
Negotiation researchers have reached many fascinating discoveries about how people negotiate, such as uncovering flaws in our decision making and identifying useful persuasion techniques. But a great deal of this research has been conducted in Western cultures, and particularly the United States, leaving open the question of whether the results—and the advice they inspire—apply across … Read International Negotiation Strategies
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
Teaching Real Estate Negotiation: How to Identify and Create Value
How do you teach your students to identify and create value in real estate negotiations?
Real estate negotiation can be difficult for both the buyer and the seller. Teaching real estate negotiation can involve value creation, distributive bargaining, as well as issue linkages. It is important for both buyers, sellers, and agents to identify ways to … Read More
Business Negotiation Strategies When Your Boss Is the Problem
Many of us know the feeling of being frustrated by a superior’s involvement in our business negotiation strategies, whether because she hovers too closely over the talks, contradicts our carefully crafted strategy, or doesn’t give us the authority we need to sign off.
… Read More
Learning From Negotiation Role-Plays
It’s a familiar practice in negotiation training: Students are divided up and assigned to engage in role-play exercises known as simulations. Each person reads confidential information about her role, the two (or more) players get together and negotiate, and then the class reconvenes to debrief the experiences.
Simulation took root as a common method for teaching … Read Learning From Negotiation Role-Plays
Conflict-Solving Strategies: The Value of Taking a Break
Business negotiators coping with deeply entrenched conflict often feel defeated and hopeless when conflict-solving strategies fail. However, research from the world of international conflict suggests that taking repeated breaks from conflict can improve the odds of reaching agreement down the road. The research and resulting negotiation strategies may offer new hope to business negotiators.
… Read More
Negotiation Strategies for Dealing with Spoilers
Amazon’s announcement on February 14 that it was backing out of a recent deal to build a major new campus in New York City was as bitter as a Valentine’s Day breakup could be. But the budding relationship between Amazon and New York didn’t have to end in acrimony and broken dreams, Harvard Business School … Read Negotiation Strategies for Dealing with Spoilers
Claiming Value in Negotiation: Do Extreme Requests Backfire?
Negotiators often wonder how they can get the biggest slice of the pie when claiming value in negotiation. Certain deal-making techniques can be useful, such as the well-known “foot in the door” technique, which is designed to get people to comply with a large request by securing their agreement to a smaller one first, and … Read More
4 Negotiation Tactics Robert Kraft Used to End the NFL Lockout
Robert Kraft, owner of the New England Patriots, was by all accounts a major factor in getting the NFL collective bargaining agreement signed earlier in October 2011. To do so, Kraft employed four key negotiation tactics to help the players and owners come to a “win-win” solution.
… Read More
Teach Your Students Dispute Resolution for Their Everyday Lives
Negotiation refers to the process of working out agreements that meet each party’s needs and address their interests. People negotiate all the time in their everyday lives: in the workplace, within families, and when buying goods and services. Knowing which negotiation strategies to use in different circumstances can make a significant difference. The Teaching Negotiation … Read More
Ask A Negotiation Expert: How leaders negotiate to hang on to leadership
This month, Jeswald Salacuse, Distinguished Professor at Tufts University, considers the negotiation strategies that embattled leaders use to fend off challenges to their leadership. Salacuse is the author of Real Leaders Negotiate! Gaining, Using, and Keeping the Power to Lead Through Negotiation (Palgrave Macmillan, 2017).
Negotiation Briefings: Leaders often seem to make matters worse when their … Read More
Business Negotiations: Matching Rights – The Fundamentals
When the mergers-and-acquisitions boom began in 1993, many deals simply required the seller to let the buyer know if a “superior proposal” came along. By the late 1990s, buyers were demanding – and receiving – more than this: an exclusive negotiating period of several days, during which they could decide to match or improve upon … Read More
Negotiating Indigenous Land Rights
Teach Your Students to Address Fundamental Value Differences While Negotiating Indigenous Land Rights
Indigenous land rights have been a key aspect of negotiations by private companies and governments around the world. Indigenous land rights are the rights of indigenous peoples to land and natural resources, which they have occupied for hundreds, if not thousands, of years. … Read Negotiating Indigenous Land Rights
2017 Great Negotiator Award Goes to Colombian President Juan Manuel Santos
On September 20th, Harvard Law School awarded the prestigious annual Great Negotiator award to Nobel Prize Winner, Colombian President Juan Manuel Santos, on behalf of the Program on Negotiation. This award recognizes those whose lifetime achievements in the field of negotiation and dispute resolution have had a significant and lasting impact. Santos is also a … Read More
How to Break Through Barriers in Negotiation When Dealing with Difficult People
In negotiation, we sometimes face the dreaded task of asking difficult people, intimidating opponents, and otherwise daunting counterparts for a big favor. How can we close the deal when we can barely summon up the courage to talk to the person in the first place?
… Read More
How to Avoid Preparing Unethical Negotiation Plans
To what degree should you level the playing field for your counterpart in negotiations? Let’s turn to the question of whether you have an ethical obligation to educate an uninformed buyer.
… Read More
How to Build Trust at the Bargaining Table
To maximize the joint gain created by a deal, both sides need to take risks which requires building trust in negotiations. Here’s how negotiators can establish the necessary trust.
… Read How to Build Trust at the Bargaining Table
Negotiation Topics in Business: Make a Bump Plan
Regrouping from the cancellation of the 2004–2005 season due to failed labor negotiations, National Hockey League (NHL) teams and players faced the challenge of radically restructuring their collective bargaining agreement (CBA) in July 2005. The new CBA instituted a uniform cap (as well as a floor) on team payrolls. It also set maximums and minimums … Read Negotiation Topics in Business: Make a Bump Plan
Business Negotiations: Win-Win Strategy for Hospices de Beaune Vineyards
When the old ways of doing business aren’t working anymore, it may be time to break with tradition. Of course, doing so can be easier said than done.
… Read More
Top Business Negotiations: Michael Bloomberg versus the New York Teachers’ Union
Business negotiators seeking to resolve a dispute should foster a cooperative spirit, framing negotiations around gains rather than losses. And when negotiators are far apart, it may take a professional mediator or other independent party to help bridge the divide.
… Read More
BATNA: Negotiation Preparation to Help Avoid Giving Up at the Bargaining Table
When you expect an opponent to be competitive, your confidence in the outcomes you can achieve in negotiation is likely to plummet. In negotiation research with Adam Galinsky of Northwestern’s Kellogg School of Management, negotiators were provided with some background about their counterpart including information on how competitive their counterpart has been in previous negotiations.
… Read More
Diplomatic Negotiations to Build a Winning Coalition to Negotiate with Iran
The five permanent members of the UN Security Council plus Germany were able to arrive at a negotiated agreement with the Islamic Republic of Iran to curtail its nuclear weapons development program. Read this article to find out what diplomatic negotiation strategies were employed by the representatives from the bargaining countries and how they impacted … Read More
Mediation Techniques for Conflict Resolution: Negotiation Strategies to Consider Before You Outsource
Learn how mediation techniques could have informed Apple’s negotiation strategies when it discovered discrepancies in working conditions among its supplier factories in China.
… 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
Dispute Resolution and Divorce Solutions for Jolie, Pitt, and Others
The news that actors Angelina Jolie and Brad Pitt are headed for divorce puts the issue of divorce negotiations in the spotlight.
… Read More
Beware Self-Fulfilling Prophecies in Negotiation
A self-fulfilling prophecy is a prediction of expectations that a person has that comes true because he or she expects it will.
… Read Beware Self-Fulfilling Prophecies in Negotiation
How Your Organization Can Benefit from Mediation Techniques
If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Read More
Forging a Global Agreement on Climate Change
The ambitious goal of the professional negotiators who participated in the 2015 United Nations Climate Change Conference, held in a Paris suburb from November 30 through December 11, 2015, was to reach enforceable commitments from nations around the world to lower their greenhouse-gas emissions to levels that could ward off environmental disasters.
At the Paris climate … Read Forging a Global Agreement on Climate Change
In The Simpsons Dealmaking, Harry Shearer Goes Public
How did actor Henry Shearer and the producers of the hit television show The Simpsons arrive at a win-win negotiated agreement? In this article drawn from examples of negotiation in real life, we examine the negotiations between the actor and the producers and offer insights into the bargaining strategies employed by each.
… Read More
The Program on Negotiation’s Top Ten International Negotiations Posts
Whether dealing with difficult or hard bargainers like Putin or forging business partnerships, international negotiations are fraught with a level of complexity rarely encountered in everyday negotiations. Here are the top ten international negotiation articles on the Program on Negotiation’s website.
… Read More
When Rumors Run Wild in Business Negotiation
What impact do rumors have on business negotiations and bargaining within the workplace? In this article, the effects of office gossip and other forms of unverified information are examined with regard to their impact on negotiation scenarios
… Read When Rumors Run Wild in Business Negotiation
Negotiating Skills and Negotiation Tactics: Damage Control in Conflict Resolution
Framing in negotiation, and the negotiating skills and negotiation tactics that go behind effective bargaining, can help not only achieve a negotiator’s goals at the bargaining table, but also can anticipate the fallout or kickback received from parties away from the negotiation table. President Obama’s tax-cut negotiations with Senate Republicans in late 2010 offer cautionary … 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
Business Negotiation Techniques and Dealmaking – Bargaining with Agents
When using an agent in negotiation, your negotiation strategy and definitely the negotiation techniques you use to achieve success at the bargaining table change – but how much so? How different is negotiating with an agent from negotiating with an equal counterpart? In this article the Program on Negotiation explores the business negotiation techniques negotiators … Read More
Dealmaking and Business Negotiations: 6 Tips for Novice Hagglers
Whether you’re purchasing a new home or car, or negotiating a discount on an inventory purchase for your firm, the art of haggling enables negotiators to make a strong claim for their share of the pie. Here are six tips from the Negotiation Briefings newsletter to help you start becoming a better at haggling in … Read More
The Island President
The Program on Negotiation, the Environmental Law Program at Harvard Law School and the Harvard Law Documentary Studio are pleased to present a screening of The Island President with post-screening discussion led by Hardy Merriman, Senior Advisor at the International Center on Nonviolent Conflict.
… Read The Island President
The link between happiness and negotiation success
Adapted from “How Mood Affects Negotiator Trust,” first published in the Negotiation newsletter, September 2006.
Social psychologists are learning a great deal about the connections among emotions, negotiation strategies, and decision making. Negotiation contributor Jennifer S. Lerner of Carnegie Mellon University and her colleagues have identified two critical themes. First, they have studied the carryover of … Read More
The Longest War: Challenges and Negotiation Strategies in Afghanistan
“The Longest War: Challenges and Negotiation Strategies in Afghanistan” with Hassina Sherjan and Michael O’Hanlon co-authors of “Toughing It Out In Afghanistan”
Date: February 18, 2011
Time: 12:00PM to 1:30PM
Where: Hauser Hall, Room 105, Harvard Law School Campus
Bring your lunch. Drinks and dessert will be served.
Click here for a campus map.
About the Speakers
Hassina Sherjan is the president of Aid … Read More
Does Negotiation Have a Place in Crisis Management?
Does negotiation have a place in crisis management? Many public relations experts would argue no. When a company is confronted with negative publicity, they are advised to reveal as little as possible and denounce their attackers claim. This advice ignores the fact that what an angry public wants is to be heard.
After stranding thousands of … Read More
Boost your negotiations skills and confidence
The following book, Negotiation Genius, was co-winner of the 2008 CPR Award for Excellence in ADR (Outstanding Book Category). It provides clear and methodical advice for preparing for and executing any negotiation, drawing on decades of behavioral research and the experience of thousands of business clients.
Whether you’ve “seen it all” or are just … Read Boost your negotiations skills and confidence
Negotiation and Leadership
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Beyond the Back Table: Working with People and Organizations to Get to Yes
Articles & Insights
BATNA
- Business Negotiations
- Conflict Resolution
- Crisis Negotiations
- Dealing with Difficult People
- Dealing with challenging negotiators
- 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”
- Dealing with Difficult People and Negotiation: When Should You Give Up the Fight?
- Dealmaking
- Dispute Resolution
- International Negotiation
- Leadership Skills
- Mediation
- 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