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- 2017
- Working Paper
BATNAs in Negotiation: Common Errors and Three Kinds of 'No'
The best alternative to a negotiated agreement (“BATNA”) concept in negotiation has proven to be immensely useful. In tandem with its value in practice, BATNA has become a wildly successful acronym (with more than 14 million Google results). But the initial... View Details
Keywords: Negotiation; BATNA; Bargaining; Zone Of Possible Agreement; Reservation Price; Reservation Value; Agreements and Arrangements; Negotiation Tactics
Sebenius, James K. "BATNAs in Negotiation: Common Errors and Three Kinds of 'No'." Harvard Business School Working Paper, No. 17-055, December 2016. (Revised March 2017, a version of this article is forthcoming in the Negotiation Journal, April 2017.)
- Article
How to Make the Other Side Play Fair: The Final-Offer Arbitration Challenge Gives Negotiators a Valuable New Tool
By: Max H. Bazerman and Daniel Kahneman
In legal disputes, contested insurance claims, and similarly adversarial negotiations, one party is likely to open with an inflated claim or a lowball offer. And if the other side’s position is unreasonable, it may make little sense to be reasonable yourself. But if... View Details
Bazerman, Max H., and Daniel Kahneman. "How to Make the Other Side Play Fair: The Final-Offer Arbitration Challenge Gives Negotiators a Valuable New Tool." Harvard Business Review 94, no. 9 (September 2016): 76–81.
- July–August 2016
- Article
How to Negotiate with a Liar
By: Leslie John
People, including negotiators, lie every day, so when you're trying to make a deal, it's important to defend against deception. The best strategy, says the author, is to focus not on detecting lies but on preventing them. She outlines five tactics that research has... View Details
John, Leslie. "How to Negotiate with a Liar." Harvard Business Review 94, nos. 7-8 (July–August 2016): 114–117.
- 2016
- Case
Advanced Leadership Pathways: Alberto Mora and the Costs and Consequences of Torture
By: Rosabeth M. Kanter and Benjamin Summers
Alberto Mora's time as General Counsel of the Navy from 2001–2006 greatly influenced his mission to illuminate the policy consequences of torture. Mora's drive to restore the nation's awareness and conscience against torture was gaining traction. Prominent... View Details
Keywords: Leadership Skills; Torture; Costs And Consequences; Humane; Restraint; Human Dignity; Treatment Of Prisoners; Prison; Repression; Opposition; Revolution; Democracy; Communism; International Affairs; Public Service; September 11; War On Terror; Operation Enduring Freedom; Guantanamo; Cuba; Coalition; Working Group; Cruelty; Interrogation; Memorandum; American Law; Authority; Authoritative; Quadrennial Defense Review; National Defense Authorization Act; Public Engagement; Advocacy; Law; Accountability; Center For The Victims Of Torture; Human Rights; Public Policy; Legality; Morality; Legal System; Tactical Military Operations; West Point; NGO; Human Rights First; American Civil Liberties Union; Human Rights Watch; Amnesty International; Constitution Project; Center For Constitutional Rights; Strategic Military Effect; National Security; Weapon; Terrorism; Prisoners Of War; Abu Ghraib; Pentagon; Ethics; Moral Sensibility; Leadership; Rights; Policy; Public Opinion; United States
Kanter, Rosabeth M., and Benjamin Summers. "Advanced Leadership Pathways: Alberto Mora and the Costs and Consequences of Torture." Harvard Business School Case 316-054, 2016. (Harvard Advanced Leadership Initiative.)
- Article
Making Exit Interviews Count
By: Everett Spain and Boris Groysberg
In the knowledge economy, skilled employees are the assets that drive organizational success. Thus companies must learn from them—why they stay, why they leave, and how the organization needs to change. A thoughtful exit interview—whether it be a face-to-face... View Details
Spain, Everett, and Boris Groysberg. "Making Exit Interviews Count." Harvard Business Review 94, no. 4 (April 2016): 88–95.
- 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
Malhotra, Deepak. Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (without Money or Muscle). Berrett-Koehler Publishers, 2016. (Top 10 Business Books of 2016 (The Globe & Mail)
#1 Business Book of 2016 (KnowSquare, for the Spanish Edition)
Business Bestseller List (800CEORead.)
- March 2016 (Revised April 2017)
- Teaching Note
Bridj and the Business of Urban Mobility (A): Introducing a New Model
By: Rosabeth Moss Kanter and Jonathan Cohen
This note is for the purpose of aiding classroom instructors in the use of the Harvard Business School case "Bridj and the Business of Urban Mobility: Introducing a New Model." Instructors may use it to help students understand the challenges that come with disrupting... View Details
Keywords: Startup; Startup Management; Big Data; Smart Transit; Stakeholder Engagement; Stakeholder Management; Urban Vehicle; Mobility; Mass Transit; Uber; Government Relations; Technological Innovation; Analytics and Data Science; Entrepreneurship; Business and Stakeholder Relations; Business Startups; Transportation; Business and Government Relations; Transportation Industry; United States
- 2015
- Chapter
"Level II" Negotiation Strategies: Advance Your Interests by Helping to Solve Their Internal Problems
Many negotiators have constituencies that must formally or informally approve an agreement. Traditionally, it is the responsibility of each negotiator to manage the internal conflicts and constituencies on his or her own side. Far less familiar are the many valuable... View Details
Sebenius, James K. "Level II" Negotiation Strategies: Advance Your Interests by Helping to Solve Their Internal Problems. In Negotiating in Times of Conflict, edited by Gilead Sher and Anat Kurz, 107–124. Tel Aviv: Institute for National Security Studies, 2015. Electronic.
- Article
Ignore June 30: Time is on the Side of a Better Iran Deal
Prior to the "interim deal" reached in November 2013, Iranian nuclear negotiators could—and did—play for time while the regime rapidly added more centrifuges and increased production of enriched uranium. That is no longer the case. For the first time in years, the... View Details
Keywords: International Relations; Negotiation Tactics; Negotiation Deal; Iran; United States; Iran; United States
Sebenius, James K. "Ignore June 30: Time is on the Side of a Better Iran Deal." Iran Matters (June 28, 2015).
- 2015
- Chapter
Negotiations: Statistical Aspects
'Negotiation analysis' seeks to develop prescriptive theory and useful advice for negotiators and third parties. It generally emphasizes the parties' underlying interests, alternatives to negotiated agreement, approaches to productively manage the inherent tension... View Details
Sebenius, James K. "Negotiations: Statistical Aspects." In International Encyclopedia of the Social & Behavioral Sciences. 2nd ed. Edited by James D. Wright, 430–436. London: Elsevier, 2015.
- July 9, 2014
- Article
A Great Negotiator's Essential Advice
The Program on Negotiation (PON), an active Harvard-MIT-Tufts consortium, honored View Details
Keywords: Negotiation Process; Negotiation Tactics; Personal Development and Career; Negotiation Style; Singapore
Sebenius, James K. "A Great Negotiator's Essential Advice." Harvard Business Review (website) (July 9, 2014).
- July 3, 2014
- Comment
Comment on the Final Round of Iranian Nuclear Talks Before the Joint Plan of Action Expires (on July 20, 2014)
As six months of talks soon end with wide gaps likely remaining on key issues, P5+1 and Iranian diplomats will undoubtedly cite some tangible progress, then argue for a six-month extension. This will likely become a pattern, with some version of the interim deal... View Details
Sebenius, James K. "Comment on the Final Round of Iranian Nuclear Talks Before the Joint Plan of Action Expires (on July 20, 2014)." Iran Matters (July 3, 2014). (Belfer Center for Science and International Affairs, Harvard Kennedy School.)
- 2014
- Working Paper
Handshaking Promotes Cooperative Dealmaking
By: Juliana Schroeder, Jane Risen, Francesca Gino and Michael I. Norton
Humans use subtle sources of information—like nonverbal behavior—to determine whether to act cooperatively or antagonistically when they negotiate. Handshakes are particularly consequential nonverbal gestures in negotiations because people feel comfortable initiating... View Details
Schroeder, Juliana, Jane Risen, Francesca Gino, and Michael I. Norton. "Handshaking Promotes Cooperative Dealmaking." Harvard Business School Working Paper, No. 14-117, May 2014.
- 2014
- Working Paper
Better Deals Through Level II Strategies: Advance Your Interests by Helping to Solve Their Internal Problems
Many negotiators have constituencies that must formally or informally approve an agreement. Traditionally, it is the responsibility of each negotiator to manage the internal conflicts and constituencies on his or her own side. Far less familiar are the many valuable... View Details
Sebenius, James K. "Better Deals Through Level II Strategies: Advance Your Interests by Helping to Solve Their Internal Problems." Harvard Business School Working Paper, No. 14-091, March 2014.
- January 2014
- Technical Note
Learning From Extreme Consumers
By: Jill Avery and Michael Norton
Traditional market research methods focus on understanding the average experiences of average consumers. This focus leads to gaps in our knowledge of consumer behavior and often fails to uncover insights that can drive revolutionary, rather than evolutionary... View Details
Keywords: Market Research; Ethnography; Design Thinking; Innovation; New Product Development; Research; Marketing; Consumer Behavior; Innovation and Invention
Avery, Jill, and Michael Norton. "Learning From Extreme Consumers." Harvard Business School Technical Note 314-086, January 2014.
- December 2013
- Case
Bruce Allyn: Negotiating with the KGB (A)
Isolated by the KGB in Moscow, Harvard graduate student Bruce Allyn faces high-pressure negotiation tactics to recruit him for the Soviet spy agency. At the tense height of the Cold War, with CIA agents systematically being exposed and executed in Russia, Allyn was... View Details
Keywords: Negotiation; Bargaining; Hard Bargaining; KGB; Espionage; Spying; War; National Security; Alliances; Ethics; Negotiation Tactics; Decision Choices and Conditions; Negotiation Participants; Negotiation Offer; Cambridge; Moscow; Soviet Union
Sebenius, James K. "Bruce Allyn: Negotiating with the KGB (A)." Harvard Business School Case 914-027, December 2013.
- December 2013
- Supplement
Bruce Allyn: Negotiating with the KGB (B)
This case picks up (from the end of the "A" case) the detailed story of the KGB's high-pressure negotiations with Harvard doctoral student Bruce Allyn to recruit him as a secret asset for the Soviet spy agency. The "A" case describes how, at the tense height of the... View Details
Keywords: Negotiation; Bargaining; Hard Bargaining; KGB; Espionage; Spying; War; National Security; Alliances; Ethics; Negotiation Tactics; Decision Choices and Conditions; Negotiation Participants; Negotiation Offer; Cambridge; Moscow; Soviet Union
Sebenius, James K. "Bruce Allyn: Negotiating with the KGB (B)." Harvard Business School Supplement 914-028, December 2013.
- December 2013 (Revised May 2021)
- Case
Paul Levy: Confronting a 'Corporate Campaign' (A)
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
Sebenius, James K. "Paul Levy: Confronting a 'Corporate Campaign' (A)." Harvard Business School Case 914-020, December 2013. (Revised May 2021.)
- 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
Malhotra, Deepak. "How to Negotiate with VCs." Harvard Business Review 91, no. 5 (May 2013): 84–90.
- May 2013
- Article
The Performance Frontier: Innovating for a Sustainable Strategy
By: Robert G. Eccles and George Serafeim
By now most companies have sustainability programs. They're cutting carbon emissions, reducing waste, and otherwise enhancing operational efficiency. But a mishmash of sustainability tactics does not add up to a sustainable strategy. To endure, a strategy must address... View Details
Keywords: Sustainability; Innovation; Environment; Corporate Reporting; Corporate Social Responsibility; Governance; Strategy; Value; Corporate Social Responsibility and Impact; Performance; Environmental Sustainability; Innovation and Invention
Eccles, Robert G., and George Serafeim. "The Performance Frontier: Innovating for a Sustainable Strategy." Harvard Business Review 91, no. 5 (May 2013): 50–60.