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      Negotiation ProcessRemove Negotiation Process →

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      • 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
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      Sebenius, James K., and Laurence A. Green. "Rough Justice: Stuart Eizenstat and Holocaust-Era Asset Restitution (B)." Harvard Business School Supplement 914-026, December 2013.
      • 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
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      Sebenius, James K. "Paul Levy: Confronting a 'Corporate Campaign' (A)." Harvard Business School Case 914-020, December 2013. (Revised May 2021.)
      • 2013
      • Book

      The Art of Negotiation: How to Improvise Agreement in a Chaotic World

      By: Michael Wheeler
      A member of the world-renowned Program on Negotiation at Harvard Law School introduces the powerful next-generation approach to negotiation. For many years, two approaches to negotiation have prevailed: the "win-win" method exemplified in Getting to Yes by Roger... View Details
      Keywords: Negotiation
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      Wheeler, Michael. The Art of Negotiation: How to Improvise Agreement in a Chaotic World. New York: Simon & Schuster, 2013.
      • June 2013
      • Teaching Plan

      The K-Dow Petrochemicals Joint Venture

      By: Guhan Subramanian and Charlotte Krontiris
      This case follows a two-part deal involving Dow Chemicals: Dow's ill-fated joint venture with the Kuwait Petroleum Corporation, the failure of which nearly scuttled Dow's simultaneous acquisition of Rohm & Haas. Focusing on Dow CEO Andrew Liveris, this case examines... View Details
      Keywords: Dow Chemicals; Kuwait; Financial Crisis; Negotiation Process; Joint Ventures; Corporate Disclosure; Acquisition; Chemical Industry; Kuwait
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      Subramanian, Guhan, and Charlotte Krontiris. "The K-Dow Petrochemicals Joint Venture." Harvard Business School Teaching Plan 913-047, June 2013.
      • May 2013
      • Article

      How to Negotiate with VCs

      By: Deepak Malhotra
      VC-entrepreneur partnership agreements often contain flaws that become highly damaging as the parties come up against issues of power, trust, and much more. Yet many of the flaws are systematic and predictable—and hence preventable. The author, a longtime consultant to... View Details
      Keywords: Venture Capital; Negotiation Tactics; Entrepreneurship
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      Malhotra, Deepak. "How to Negotiate with VCs." Harvard Business Review 91, no. 5 (May 2013): 84–90.
      • December 2012 (Revised January 2015)
      • Technical Note

      Early Career LBOs Using the Search Fund Model

      By: Howard Stevenson, Michael Roberts and Jim Sharpe
      The funded search model is one alternative for individuals who, at some point in their career, want to run their own companies. This note looks at the funded search, as a means to entrepreneurship through acquisition and describes the path to buy and run a business... View Details
      Keywords: Search Funds; Search; Entrepreneurial Finance; Investor Behavior; Career Planning; Entrepreneurial Management; Fundraising; Negotiation; Entrepreneurship; Capital Structure; Borrowing and Debt; Personal Development and Career; Private Ownership; Acquisition; Finance; Leveraged Buyouts
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      Stevenson, Howard, Michael Roberts, and Jim Sharpe. "Early Career LBOs Using the Search Fund Model." Harvard Business School Technical Note 813-119, December 2012. (Revised January 2015.)
      • Winter 2012
      • Article

      Is a Nuclear Deal with Iran Possible?: An Analytical Framework for the Iran Nuclear Negotiations

      By: James K. Sebenius and Michael K. Singh
      Varied diplomatic approaches by multiple negotiators over several years have failed to conclude a nuclear deal with Iran. Mutual hostility, misperception, and flawed diplomacy may be responsible. Yet, more fundamentally, no mutually acceptable deal may exist. To assess... View Details
      Keywords: Nuclear Proliferation; Zone Of Possible Agreement; International Relations; Negotiation; Iran; United States
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      Sebenius, James K., and Michael K. Singh. "Is a Nuclear Deal with Iran Possible? An Analytical Framework for the Iran Nuclear Negotiations." International Security 37, no. 3 (Winter 2012): 52–91.
      • October 2012 (Revised February 2013)
      • Case

      Innova Capital: The Transition

      By: Josh Lerner and Ann Leamon
      The partners at Innova Capital, a leading mid-market private equity investor in Poland, must negotiate a transition of power between the two ex-patriate founders and three talented young Polish partners. If they fail to find an accomodation, the entire firm will... View Details
      Keywords: Firm Structure; Career Management; Emerging Market; Succession; Entrepreneurship; Private Equity; Venture Capital; Negotiation; Investment; Restructuring; Transition
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      Lerner, Josh, and Ann Leamon. "Innova Capital: The Transition." Harvard Business School Case 813-064, October 2012. (Revised February 2013.)
      • Forthcoming
      • Chapter

      Intermediation and Diffusion of Responsibility in Negotiation: A Case of Bounded Ethicality

      By: Neeru Paharia, Lucas Clayton Coffman and Max Bazerman
      This article compares direct deception with deception via an intermediary in the bargaining context. It describes a growing experimental literature that suggests how perceived ethics surrounding transactions with multiple partners can encourage misbehavior. It is noted... View Details
      Keywords: Negotiation Process; Ethics
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      Paharia, Neeru, Lucas Clayton Coffman, and Max Bazerman. "Intermediation and Diffusion of Responsibility in Negotiation: A Case of Bounded Ethicality." In The Oxford Handbook of Economic Conflict Resolution, edited by Gary E. Bolton and Rachel T.A. Croson, 37–46. New York: Oxford University Press, 2012.
      • June 2012 (Revised October 2018)
      • Case

      Home Nursing of North Carolina

      By: Richard S. Ruback and Royce Yudkoff
      Ari Medoff's (HBS '11) goal was to control his own professional destiny by owning his own company. His search identified a suitable acquisition in Home Nursing of North Carolina, and he had negotiated a purchase price of $3.5 million, or 4.2x trailing EBITDA. Medoff... View Details
      Keywords: Search Funds; Small Companies; Acquisitions; Negotiation; Medical Services; Negotiation Process; Valuation; Investment; Acquisition; Health Industry
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      Ruback, Richard S., and Royce Yudkoff. "Home Nursing of North Carolina." Harvard Business School Case 212-120, June 2012. (Revised October 2018.)
      • 2012
      • Chapter

      The Relational Roles of Brands

      By: Jill Avery
      In contemporary culture, brands play important relational roles, linking consumers to others and serving as relational partners. This chapter provides an understanding of the relational roles of brands to illuminate why and how consumers connect with brands and how... View Details
      Keywords: Brands; Brand Management; Brand Equity; Brand Building; Customer Relationship Management; CRM; Customers; Customer Focus and Relationships; Brands and Branding; Marketing; Marketing Strategy; Consumer Products Industry
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      Avery, Jill. "The Relational Roles of Brands." Chap. 9 in Marketing Management: A Cultural Perspective, edited by Lisa Penaloza, Nil Toulouse, and Luca M. Visconti, 147–163. Routledge, 2012.
      • February 2012
      • Article

      Walking the Talk in Multiparty Bargaining: An Experimental Investigation

      By: Kathleen L. McGinn, Katherine L. Milkman and Markus Noth
      We study the framing effects of communication on payoffs in multiparty bargaining. Communication has been shown to be more truthful and revealing than predicted in equilibrium. Because talk is preference revealing, it may effectively frame bargaining around a logic of... View Details
      Keywords: Competition; Negotiation Process; Fairness; Negotiation Types; Interpersonal Communication; Game Theory; Cooperation
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      McGinn, Kathleen L., Katherine L. Milkman, and Markus Noth. "Walking the Talk in Multiparty Bargaining: An Experimental Investigation." Journal of Economic Psychology 33, no. 1 (February 2012).
      • April 2011
      • Article

      What Can We Learn from 'Great Negotiations'?

      By: James K. Sebenius
      What can one legitimately learn-analytically and/or prescriptively-from detailed historical case studies of "great negotiations," chosen more for their salience than their analytic characteristics or comparability? Taking a number of such cases compiled by Stanton... View Details
      Keywords: Learning; International Relations; History; Agreements and Arrangements; Negotiation Process; Conflict and Resolution
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      Sebenius, James K. "What Can We Learn from 'Great Negotiations'?" Negotiation Journal 27, no. 2 (April 2011).
      • February 2011 (Revised May 2011)
      • Case

      Marlin & Associates and the Sale of Riverview Technologies

      By: Richard S. Ruback and Royce Yudkoff
      Riverview Technologies was a Stockholm, Sweden-based company that had developed software hedge funds. After spending more than a year in an organized sale process, the winning bidder had become increasingly difficult to work with and the closing had been substantially... View Details
      Keywords: Mergers and Acquisitions; Entrepreneurship; Negotiation Deal; Negotiation Offer; Negotiation Process; Business and Shareholder Relations; Financial Services Industry
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      Ruback, Richard S., and Royce Yudkoff. "Marlin & Associates and the Sale of Riverview Technologies." Harvard Business School Case 211-083, February 2011. (Revised May 2011.)
      • February 2011 (Revised January 2013)
      • Case

      Fairstar Heavy Transport (A)

      By: Guhan Subramanian and Rhea Ghosh
      In 2009, the small heavy marine transport company Fairstar entered into bidding on one of the largest contracts in the history of the industry. The case chronicles the company's year-long tendering process, leading up to a final make-or-break meeting. View Details
      Keywords: Negotiation Process; Decision Making; Contracts; Transportation Industry; Shipping Industry
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      Subramanian, Guhan, and Rhea Ghosh. "Fairstar Heavy Transport (A)." Harvard Business School Case 911-036, February 2011. (Revised January 2013.)
      • February 2011
      • Article

      Bounded Ethicality in Negotiations

      By: Max Bazerman
      Routine and persistent acts of dishonesty prevail in everyday life, yet most people resist shining a critical moral light on their own behavior, thereby maintaining and oftentimes inflating images of themselves as moral individuals. We overview the psychology that... View Details
      Keywords: Behavior; Values and Beliefs; Strategy; Goals and Objectives; Reputation; Negotiation; Moral Sensibility
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      Bazerman, Max. "Bounded Ethicality in Negotiations." Negotiation and Conflict Management Research 4, no. 1 (February 2011): 8–11.
      • Article

      Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution

      By: Fabrice Lumineau and Deepak Malhotra
      This paper investigates how contract structure influences inter-firm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contractual detail... View Details
      Keywords: Governance Controls; Contracts; Rights; Negotiation; Conflict and Resolution; Power and Influence
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      Lumineau, Fabrice, and Deepak Malhotra. "Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution." Strategic Management Journal 32, no. 5 (May 2011): 532–555.
      • 2010
      • Case

      Great Negotiator 2010: Martti Ahtisaari and the Helsinki Accords--Overcoming the Barriers

      By: James K. Sebenius
      Keywords: Negotiation; Negotiation Process
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      Sebenius, James K. "Great Negotiator 2010: Martti Ahtisaari and the Helsinki Accords--Overcoming the Barriers." Cambridge: Program on Negotiation at Harvard Law School Case, 2010.
      • December 2010 (Revised January 2013)
      • Case

      Triple Point Technology

      By: Richard S. Ruback and Royce Yudkoff
      The founding CEO of Triple Point Technology, Peter Armstrong, was considering the sale of the company. The company specialized in providing its clients with software used for transaction processing and risk management in various commodity markets. Triple Point... View Details
      Keywords: Business Exit or Shutdown; Private Equity; Financial Management; Negotiation Offer; Sales; Valuation
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      Ruback, Richard S., and Royce Yudkoff. "Triple Point Technology." Harvard Business School Case 211-057, December 2010. (Revised January 2013.)
      • November 2010
      • Article

      Beyond the Deal: Wage a 'Negotiation Campaign'

      By: James K. Sebenius
      While negotiation scholars primarily take the individual transaction as the "unit of analysis," this article characterizes the (new) concept of a "negotiation campaign" in which a number of individual deals must be put together, often on multiple "fronts," to realize a... View Details
      Keywords: Negotiation Deal; Management Practices and Processes; Value; Problems and Challenges; Business Startups; Sales; Partners and Partnerships; Venture Capital
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      Sebenius, James K. "Beyond the Deal: Wage a 'Negotiation Campaign'." Negotiation 13, no. 11 (November 2010).
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