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- Faculty Publications (176)
- April 2013
- Article
What Roger Fisher Got Profoundly Right: Five Enduring Lessons for Negotiators
Roger Fisher, who died in 2012, enjoyed a remarkable career that modeled one way that an academic, especially in a professional school such as law or business, could make a significant, positive, and lasting difference in the world. Distinctive aspects of his career... View Details
Keywords: Bargaining; Conflict Resolution; Dealmaking; Negotiation; Personal Development and Career; Conflict and Resolution
Sebenius, James K. "What Roger Fisher Got Profoundly Right: Five Enduring Lessons for Negotiators." Negotiation Journal 29, no. 2 (April 2013): 159–169.
- February 2013
- Article
Learning from Roger Fisher
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
Sebenius, James K. "Learning from Roger Fisher." Harvard Law Review 126, no. 4 (February 2013): 893–898.
- January 2013
- Article
Level Two Negotiations: Helping the Other Side Meet Its 'Behind-the-Table' Challenges
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
Sebenius, James K. "Level Two Negotiations: Helping the Other Side Meet Its 'Behind-the-Table' Challenges." Negotiation Journal 29, no. 1 (January 2013): 7–21.
- January 2013
- Article
The Fog of Negotiation: What Negotiators Can Learn from Military Doctrine
On the surface, warfare and negotiation may seem to be polar opposites. The objective in war is to defeat the enemy. In negotiation, the goal is to find a solution that satisfies all the parties. Not surprisingly, little cross-learning and exchange has occurred across... View Details
Wheeler, Michael A. "The Fog of Negotiation: What Negotiators Can Learn from Military Doctrine." Negotiation Journal 29, no. 1 (January 2013): 23–38.
- January–February 2013
- Article
Will Our Partner Steal Our IP?
By: Willy C. Shih and Jyun-Cheng Wang
This fictionalized case looks at the spillover of intellectual property (IP) from a critical component supplier to an original equipment maker in the Chinese auto industry. What are the challenges to holding on to proprietary know-how when a customer wishes to use... View Details
Keywords: Intellectual Property Management; Intellectual Property; Auto Industry; Electronics Industry; China; Taiwan
Shih, Willy C., and Jyun-Cheng Wang. "Will Our Partner Steal Our IP?" Harvard Business Review 91, nos. 1/2 (January–February 2013): 137–139.
- November 2012
- Article
Are You Ready for the 'Hardest Question'?
Negotiation preparation entails assessing each side's interests and no-deal options, imagining possible agreements, factoring in personality and culture, thinking through moves and possible countermoves, and so forth. Yet standard preparation often neglects the... View Details
Sebenius, James K. "Are You Ready for the 'Hardest Question'?" Negotiation 15, no. 11 (November 2012): 4–5.
- 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
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.
- Article
On the Correspondence of Contracts to Salaries in (Many-to-Many) Matching
In this note, I extend the work of Echenique (2012) to show that a model of many-to-many matching with contracts may be embedded into a model of many-to-many matching with wage bargaining whenever (1) all agentsʼ preferences are substitutable and (2) the matching with... View Details
Keywords: Many-to-Many Matching; Stability; Substitutes; Contract Design; Unitarity; Market Design; Contracts; Marketplace Matching; Balance and Stability; Economics
Kominers, Scott Duke. "On the Correspondence of Contracts to Salaries in (Many-to-Many) Matching." Games and Economic Behavior 75, no. 2 (July 2012): 984–989.
- 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
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).
- January 2012
- Article
Three Cheers for Teaching Distributive Bargaining
Back in the 1990s, business school professors at an Academy of Management conference debated the propriety of teaching distributive bargaining to their students. The particulars of that exchange are lost in the mists of time, but at the end of the session, a straw poll... View Details
Keywords: Management; Conferences; Business Education; Debates; Negotiation; Problems and Challenges; Value Creation; Moral Sensibility
Wheeler, Michael A. "Three Cheers for Teaching Distributive Bargaining." Negotiation Journal 28, no. 1 (January 2012): 73–78.
- Fall 2011
- Article
Leveraging Tribal Sovereignty for Economic Opportunity: A Strategic Negotiations Perspective
By: Gavin Clarkson and James K. Sebenius
Indian tribes and U.S. states often find themselves at the bargaining table, often negotiating "compacts" to govern gaming operations on tribal lands. The operational success of the Pequot gaming operation in Connecticut, Foxwoods, and the substantial revenue shared... View Details
Keywords: Strategy; Ethnicity; Negotiation Tactics; Race; Social Issues; Relationships; Government and Politics; Economics; United States
Clarkson, Gavin, and James K. Sebenius. "Leveraging Tribal Sovereignty for Economic Opportunity: A Strategic Negotiations Perspective." Missouri Law Review 76, no. 4 (Fall 2011): 1045–1112.
- May 2011
- Article
Can Nervous Nelly Negotiate? How Anxiety Causes Negotiators to Make Low First Offers, Exit Early, and Earn Less Profit
By: A.W. Brooks and M.E. Schweitzer
Negotiations trigger anxiety. Across four studies, we demonstrate that anxiety is harmful to negotiator performance. In our experiments, we induced either anxiety or neutral feelings and studied behavior in negotiation and continuous shrinking-pie tasks. Compared to... View Details
Brooks, A.W., and M.E. Schweitzer. "Can Nervous Nelly Negotiate? How Anxiety Causes Negotiators to Make Low First Offers, Exit Early, and Earn Less Profit." Organizational Behavior and Human Decision Processes 115, no. 1 (May 2011): 43–54. (Awarded Best Paper with a Student as First Author by the International Association for Conflict Management, 2010.)
- April 2010
- Case
Bill Nichol Negotiates with Walmart: Hard Bargains over Soft Goods (A)
By: James K. Sebenius and Ellen Knebel
CEO Bill Nichol must somehow negotiate a surprise ultimatum from Walmart, his largest customer, about his largest and most profitable product line: “We're dropping it.” Among its hosiery products, the Kentucky Derby Hosiery Co. produces and sells a branded line of... View Details
Keywords: Customer Relationship Management; Crisis Management; Negotiation Tactics; Conflict Management; Apparel and Accessories Industry; North America
Sebenius, James K., and Ellen Knebel. "Bill Nichol Negotiates with Walmart: Hard Bargains over Soft Goods (A)." Harvard Business School Case 910-043, April 2010.
- April 2010
- Supplement
Bill Nichol Negotiates with Walmart: Hard Bargains over Soft Goods (B)
By: James K. Sebenius and Ellen Knebel
This case describes the multi-prong negotiating approach that Bill Nichol, Kentucky Derby Hosiery Co. CEO, took to deal with an ultimatum from his largest customer, as well as the outcome of this process. It concludes with a number of Nichol's observations about... View Details
Keywords: Customers; Management Practices and Processes; Negotiation Deal; Outcome or Result; Business and Stakeholder Relations; Retail Industry
Sebenius, James K., and Ellen Knebel. "Bill Nichol Negotiates with Walmart: Hard Bargains over Soft Goods (B)." Harvard Business School Supplement 910-044, April 2010.
- 2009
- Working Paper
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 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 fairness or... View Details
Keywords: Equality and Inequality; Competition; Negotiation Process; Negotiation Types; Fairness; Interpersonal Communication; Game Theory; Cooperation
McGinn, Kathleen L., Katherine L Milkman, and Markus Noth. "Walking the Talk in Multiparty Bargaining: An Experimental Investigation." Harvard Business School Working Paper, No. 10-039, November 2009.
- August 2009 (Revised June 2011)
- Case
Kansas City Zephyrs Baseball Club, Inc. 2006
This case centers around a dispute between the owners and the players regarding the profitability of professional baseball teams in connection with the negotiations for a new collective bargaining agreement. The case describes the financial statements of the baseball... View Details
Keywords: Accrual Accounting; Financial Statements; Profit; Labor Unions; Measurement and Metrics; Agreements and Arrangements; Performance; Sports Industry; United States
Palepu, Krishna G. "Kansas City Zephyrs Baseball Club, Inc. 2006." Harvard Business School Case 110-022, August 2009. (Revised June 2011.)
- 2008
- Working Paper
Cultural Notes on Chinese Negotiating Behavior
By: James K. Sebenius and Cheng (Jason) Qian
Western businesses negotiating with Chinese firms face many challenges, from initiating and smoothing communication to establishing long-lasting relationships and mutual trust, and from bargaining and drafting agreements to securing their implementation. Chinese... View Details
Keywords: Interpersonal Communication; Cross-Cultural and Cross-Border Issues; Negotiation Process; Negotiation Style; Perception; Societal Protocols; China
Sebenius, James K., and Cheng (Jason) Qian. "Cultural Notes on Chinese Negotiating Behavior." Harvard Business School Working Paper, No. 09-076, December 2008.
- October 2008
- Article
Gender in Job Negotiations: A Two-Level Game
By: Hannah Riley Bowles and Kathleen McGinn
We propose taking a two-level-game perspective on gender in job negotiations. At Level One, candidates negotiate with employers. At Level Two, candidates negotiate with household members. In order to illuminate the interplay between these two levels, we review research... View Details
Keywords: Perspective; Negotiation; Research; Organizational Culture; Body of Literature; Jobs and Positions; Gender; Labor
Bowles, Hannah Riley, and Kathleen McGinn. "Gender in Job Negotiations: A Two-Level Game." Negotiation Journal 24, no. 4 (October 2008): 393–410.
- June 2008
- Article
Psychological Influence in Negotiation: An Introduction Long Overdue
By: Deepak Malhotra and Max H. Bazerman
This paper discusses the causes and consequences of the (surprisingly) limited extent to which social influence research has penetrated the field of negotiation and then presents a framework for bridging the gap between these two literatures. The paper notes that one... View Details
Keywords: Social Issues; Research; Framework; Negotiation Tactics; Decisions; Power and Influence; Behavior; Ethics
Malhotra, Deepak, and Max H. Bazerman. "Psychological Influence in Negotiation: An Introduction Long Overdue." Journal of Management 34, no. 3 (June 2008): 509–531.
- 2008
- Working Paper
Gender in Job Negotiations: A Two-Level Game
By: Hannah Riley Bowles and Kathleen L. McGinn
We propose a two-level-game (Putnam, 1988) perspective on gender in job negotiations. At Level 1, candidates negotiate with the employers. At Level 2, candidates negotiate with domestic partners. In order to illuminate the interplay between these two levels, we review... View Details
Bowles, Hannah Riley, and Kathleen L. McGinn. "Gender in Job Negotiations: A Two-Level Game." Harvard Business School Working Paper, No. 08-095, May 2008.