Publications

June 1987 (Revised February 1989)
Supplement

Semiconductor Industry Association and the Trade Dispute with Japan, The: Harris Corp. Profile, Supplement

By: David B. Yoffie and John J. Coleman

2016
Book

Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (without Money or Muscle)

By: Deepak Malhotra

Some negotiations are easy. Others are more difficult. And then there are situations that seem completely hopeless. Conflict is escalating, people are getting aggressive, and no one is willing to back down. And, to top it off, you have little power or other resources... View Details

Keywords: Dealmaking; Diplomacy; Conflict; Dispute Resolution; Strategy; Conflict Management; Negotiation

December 2013
Supplement

Rough Justice: Stuart Eizenstat and Holocaust-Era Asset Restitution (B)

By: James K. Sebenius and Laurence A. Green

This case carefully traces the process by which Stuart Eizenstat handled the negotiation challenges outlined in "Rough Justice: Stuart Eizenstat and Holocaust-Era Asset Restitution (A)". It describes the outcome of the Swiss negotiations and briefly sketches... View Details

Keywords: Bargaining; Conflict Resolution; Disputes; Mediation; Dispute Resolution; Governance; History; Negotiation; Business and Government Relations; Banking Industry; Insurance Industry; Switzerland; Germany; Austria; France; Israel

This study examines the U.S. commerce in human cadavers for medical education and research to explore variation in legitimacy in trades involving similar goods. It draws on archival, interview, and observational data mainly from New York state to analyze market... View Details

July 2024
Case

Negotiating in a Hurricane: John Branca and the Michael Jackson Estate

By: James K. Sebenius and Alex Green

When the "King of Pop," Michael Jackson, unexpectedly died in 2009, he left behind an estate that was over $500 million in debt, with largely illiquid assets, and legions of creditors poised to begin to seize assets in as soon as 60 days. The task of managing Jackson’s... View Details

Keywords: Bargaining; Dispute Resolution; Negotiation; Entertainment; Financial Management; Financial Condition; Assets; Music Industry

February 2013
Article

Learning from Roger Fisher

By: James K. Sebenius

Roger Fisher's career and writings not only offer lessons about negotiation but also about how an academic, especially in a professional school such as law or business, can make an important, positive difference in the world. By his relentless engagement in vexing... View Details

Keywords: Roger Fisher; Dispute Resolution; Bargaining; Negotiation

Read Now

January 2013
Article

Level Two Negotiations: Helping the Other Side Meet Its 'Behind-the-Table' Challenges

By: James K. Sebenius

A long analytic tradition has explored the challenge of productively synchronizing "internal" with "external" negotiations, with a special focus on how each side can best manage internal opposition to agreements negotiated "at the table." Implicit in much of this work... View Details

Keywords: James Baker; Internal Negotiation; Dispute Resolution; Bargaining; Two-level Games; Negotiation; Germany; United States

August 2022
Case

Negotiating Peace in Colombia

By: Deepak Malhotra and Cody Smith

This case follows the protracted armed conflict between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC), tracing it from its origins over 50 years ago, through the private and public negotiations that ultimately resulted in the 2016... View Details

Keywords: Conflict; Peace Process; Dispute Resolution; Protracted Conflicts; Peacemaking; Civil War; Negotiation; Leadership; Conflict and Resolution; Government Administration; Colombia

February 2018
Case

Road Rage at the DMV

By: Andrew Wasynczuk, Katherine Baldiga Coffman and Karim Sameh

When Hewlett-Packard Enterprise notified the Rhode Island's Governor's Office that it wouldn't be able to deliver a "fully-functioning" technology upgrade for the Department of Motor Vehicles, both parties had reached a breaking point. While HPE argued that it would... View Details

Keywords: Department Of Motor Vehicles; Hewlett Packard; Hewlett Packard Enterprise; HP; HPE; Dispute Resolution; Litigation; Governor; Government; Dispute; Negotiation Process; Conflict and Resolution; Negotiation; Government and Politics; Technology Industry; Rhode Island

2016
Working Paper

Henry Kissinger's Negotiation Campaign to End the Vietnam War

By: James K. Sebenius and Eugene B. Kogan

President Richard M. Nixon was elected in 1968 with the widespread expectation that he would bring about an end to the costly and unpopular war in Vietnam. The task largely fell to National Security Adviser Henry Kissinger. When the negotiations began, North Vietnam... View Details

Keywords: Kissinger; Negotiation; Negotiation Campaign; Bargaining; Diplomacy; Coercive Diplomacy; Multiparty Negotiations; Dispute Resolution; Mediation; Negotiation Process; War; Negotiation Types; International Relations; Negotiation Deal; Viet Nam; United States

SSRN

Read Now

February 2014
Case

Tommy Koh: Background and Major Accomplishments of the 'Great Negotiator, 2014'

By: James K. Sebenius and Laurence A. Green

Significant negotiation-related achievements from the career of Ambassador Tommy Koh of Singapore are highlighted in brief form along with elements of his background and career. In light of these accomplishments, Koh was selected as the recipient of the 2014 Great... View Details

Keywords: Multiparty Negotiations; Dispute Resolution; Conference Diplomacy; Free Trade Agreements Environment; Environment; Singapore; ASEAN; United Nations; Negotiation; International Relations; Personal Development and Career; Trade; Conflict and Resolution; Singapore

2016
Working Paper

Henry A. Kissinger as Negotiator: Background and Key Accomplishments

By: James K. Sebenius, Laurence A. Green and Eugene B. Kogan

Following a brief summary of Henry A. Kissinger’s career, this paper describes six of his most pivotal negotiations: the historic establishment of U.S. diplomatic relations with the People’s Republic of China, the easing of geopolitical tension with the Soviet Union,... View Details

Keywords: Kissinger; Bargaining; Diplomacy; Multiparty Negotiations; Dispute Resolution; Mediation; Coercive Diplomacy; Negotiation; International Relations; Personal Development and Career; United States

SSRN

Read Now

December 2013 (Revised May 2021)
Case

Paul Levy: Confronting a 'Corporate Campaign' (A)

By: James K. Sebenius

Hospital CEO Paul Levy confronts an SEIU unionization drive via a "corporate campaign" aimed at undercutting the hospital's relationships with key internal and external constituencies. Having shepherded one of Boston's top teaching hospitals much of the way through a... View Details

Keywords: Dispute Resolution; Corporate Campaign; Negotiating Campaign; Bargaining; Health Care; Hospitals; Unions; Health Care and Treatment; Negotiation; Strategy; Negotiation Process; Labor Unions; Health Industry; Boston

August 2017
Case

'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)

By: Lena G. Goldberg and Danielle V. Holland

The sudden departure to Hewlett-Packard of a top-level EMC Corporation executive who had full knowledge of EMC’s operations, business plans, and key personnel ignited a bi-coastal battle between two fierce rivals that was played out in courts competing for jurisdiction... View Details

Keywords: Non-competition Agreements; Key Employee Agreements; Litigation Strategy; Law; Preliminary Injunctions; Jurisdictional Disputes; Conflict Of Laws; Lawsuits and Litigation; Strategy; Contracts

September 2020
Teaching Note

Miami's Tech Future (D): Developing New Leadership

By: Rosabeth Moss Kanter and Joyce J. Kim

Traditional establishment leadership of Miami is increasingly challenged by a rising millennial generation that is more diverse and brings more innovative and entrepreneurial “outside-the-building” approaches, including impatience for change. Leadership succession is... View Details

Keywords: Leaders; Civic Innovation; Change; Change Leadership; Startup; Scaling And Growth; Jurisdictional Disputes; Communication; Community Impact; Community Relations; Leading Change; Leadership; Diversity; Demographics; Entrepreneurship; Business and Community Relations; Miami; Florida

November 2017 (Revised September 2020)
Supplement

Miami's Tech Future (D): Developing New Leadership

By: Rosabeth Moss Kanter

Traditional establishment leadership of Miami is increasingly challenged by a rising millennial generation that is more diverse and brings more innovative and entrepreneurial “outside-the-building” approaches, including impatience for change. Leadership succession is... View Details

Keywords: Leaders; Civic Innovation; Change; Change Leadership; Startup; Scaling And Growth; Jurisdictional Disputes; Communication; Community Impact; Community Relations; Leading Change; Leadership; Diversity; Demographics; Entrepreneurship; Business and Community Relations; Miami; Florida

December 2014
Case

Henry A. Kissinger as Negotiator: Background and Key Accomplishments

By: James K. Sebenius and Laurence A. Green

Following a brief summary of Henry A. Kissinger's career, this case describes three of his most pivotal negotiations: the historic establishment of U.S. diplomatic relations with the People's Republic of China, the easing of geopolitical tension with the Soviet Union,... View Details