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      Negotiation ProcessRemove Negotiation Process →

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      • 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).
      • 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
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      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

      Assess, Don't Assume, Part I: Etiquette and National Culture in Negotiation

      By: James K. Sebenius
      When facing a cross-border negotiation, the standard preparatory assessments -- of the parties, their interests, their no-deal options, opportunities for and barriers to creating and claiming value, the most promising sequence and process design, etc. -- should be... View Details
      Keywords: Cross-Cultural and Cross-Border Issues; Negotiation Process; Societal Protocols; Competitive Advantage; Cooperation
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      Sebenius, James K. "Assess, Don't Assume, Part I: Etiquette and National Culture in Negotiation." Harvard Business School Working Paper, No. 10-048, December 2009.
      • 2009
      • Working Paper

      Assess, Don't Assume, Part II: Negotiating Implications of Cross-Border Differences in Decision Making, Governance, and Political Economy

      By: James K. Sebenius

      When facing a cross-border negotiation, the standard preparatory assessments—of the parties, their interests, their no-deal options, opportunities for and barriers to creating and claiming value, the most promising sequence and process design, etc.—should be... View Details

      Keywords: Decision Making; Cross-Cultural and Cross-Border Issues; Corporate Governance; Negotiation Process; Organizational Culture; Business and Government Relations
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      Sebenius, James K. "Assess, Don't Assume, Part II: Negotiating Implications of Cross-Border Differences in Decision Making, Governance, and Political Economy." Harvard Business School Working Paper, No. 10-050, December 2009.
      • 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
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      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.
      • October 2009
      • Article

      A Decision-making Perspective to Negotiation: A Review of the Past and a Look into the Future

      By: Chia-Jung Tsay and Max Bazerman
      Through the decision-analytic approach to negotiations, the past quarter century has seen the development of a better dialog between the descriptive and the prescriptive, as well as a burgeoning interest in the field for both academics and practitioners. Researchers... View Details
      Keywords: Decision Making; Negotiation; Perspective; Ethics; Emotions; Perception; Relationships; Management Practices and Processes; Training; Behavior
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      Tsay, Chia-Jung, and Max Bazerman. "A Decision-making Perspective to Negotiation: A Review of the Past and a Look into the Future." Negotiation Journal 25, no. 4 (October 2009): 467–480.
      • October 2009
      • Article

      Negotiation Analysis: From Games to Inferences to Decisions to Deals

      By: James K. Sebenius
      Exemplified by the pioneering work of Howard Raiffa and often expressed in the pages of the Negotiation Journal, the emergent prescriptive field of "negotiation analysis" progressively developed from Raiffa's early contributions to game theory and to his later... View Details
      Keywords: Decision Choices and Conditions; Negotiation Participants; Negotiation Preparation; Negotiation Process; Negotiation Tactics; Game Theory
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      Sebenius, James K. "Negotiation Analysis: From Games to Inferences to Decisions to Deals." Negotiation Journal 25, no. 4 (October 2009): 449–465.
      • September 2009 (Revised October 2010)
      • Case

      Elkay Plumbing Products Division

      By: Robert S. Kaplan
      The vice president of sales learns that the most profitable 1% of the division's customers generate 100% of profits, and that two of the division's largest customers lose 50% of profits. The division has just finished a project to install a time-driven activity-based... View Details
      Keywords: Activity Based Costing and Management; Profit; Management Systems; Consumer Products Industry; Industrial Products Industry
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      Kaplan, Robert S. "Elkay Plumbing Products Division." Harvard Business School Case 110-007, September 2009. (Revised October 2010.)
      • September 2009
      • Article

      Hidden Roadblocks in Cross-Border Talks

      By: James K. Sebenius
      While most analysts and dealmakers are aware of "cultural" differences in negotiations that cross national borders--different protocol and process expectations, differences in the role of the individual versus the group, differences in attitudes toward risk and time,... View Details
      Keywords: Cross-Cultural and Cross-Border Issues; Negotiation Tactics; Risk Management; Time Management; Strategy; Governance; Performance Expectations; Attitudes; Culture; Decision Making
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      Sebenius, James K. "Hidden Roadblocks in Cross-Border Talks." Negotiation 12, no. 9 (September 2009): 8.
      • August 2009
      • Article

      The Reality and Myth of Sacred Issues in Negotiations

      By: A. E. Tenbrunsel, K A. Wade-Benzoni, V. H. Medvec, L. Thompson and M. H. Bazerman
      This paper investigates the role of sacred issues in a dyadic negotiation set in an environmental context. As predicted, when negotiators focus on sacred issues, this negatively impacts the negotiation, producing more impasses, lower joint outcomes, and more negative... View Details
      Keywords: Decision Choices and Conditions; Values and Beliefs; Negotiation Process; Negotiation Tactics; Conflict of Interests; Perception; Cooperation
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      Tenbrunsel, A. E., K A. Wade-Benzoni, V. H. Medvec, L. Thompson, and M. H. Bazerman. "The Reality and Myth of Sacred Issues in Negotiations." Negotiation and Conflict Management Research 2, no. 3 (August 2009): 263–284.
      • February 2009 (Revised November 2016)
      • Exercise

      Congo River Basin Project: Role for Dr. Beni

      By: Kathleen L. McGinn, Anne Starks Acosta, Deborah M. Kolb and Cailin B. Hammer
      The director of a research coalition and the founder/coordinator of an NGO consortium meet to discuss the possibility of jointly drafting a proposal for an integrated research and development project in the Congo River basin. Approved projects will receive an annual... View Details
      Keywords: Decision Choices and Conditions; Negotiation Process; Projects; Research and Development; Non-Governmental Organizations; Cooperation; Congo Basin
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      McGinn, Kathleen L., Anne Starks Acosta, Deborah M. Kolb, and Cailin B. Hammer. "Congo River Basin Project: Role for Dr. Beni." Harvard Business School Exercise 909-041, February 2009. (Revised November 2016.)
      • February 2009 (Revised November 2016)
      • Exercise

      Congo River Basin Project: Role for Dr. Campos

      By: Kathleen L. McGinn, Anne Starks Acosta, Deborah M. Kolb and Cailin B. Hammer
      The director of a research coalition and the founder/coordinator of an NGO consortium meet to discuss the possibility of jointly drafting a proposal for an integrated research and development project in the Congo River basin. Approved projects will receive an annual... View Details
      Keywords: Decision Choices and Conditions; Negotiation Process; Projects; Research and Development; Non-Governmental Organizations; Cooperation; Congo Basin
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      McGinn, Kathleen L., Anne Starks Acosta, Deborah M. Kolb, and Cailin B. Hammer. "Congo River Basin Project: Role for Dr. Campos." Harvard Business School Exercise 909-040, February 2009. (Revised November 2016.)
      • December 2008 (Revised October 2013)
      • Case

      Amylin Pharmaceuticals: Diabetes and Beyond (A)

      By: Richard G. Hamermesh and Rachel Gordon
      Ginger Graham, CEO of Amylin Pharmaceuticals, joined the company with the expectation of taking the company's signature drug, Symlin, to market. However, unforeseen regulatory challenges have put the approval process in jeopardy. At the same time, the company has a... View Details
      Keywords: Regulations; Drug Regulations; Symlin; Negotiation; Governing Rules, Regulations, and Reforms; Resource Allocation; Negotiation Deal; Product Development; Research and Development; Commercialization; Pharmaceutical Industry; United States
      Citation
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      Hamermesh, Richard G., and Rachel Gordon. "Amylin Pharmaceuticals: Diabetes and Beyond (A)." Harvard Business School Case 809-011, December 2008. (Revised October 2013.)
      • 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
      Citation
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      Sebenius, James K., and Cheng (Jason) Qian. "Cultural Notes on Chinese Negotiating Behavior." Harvard Business School Working Paper, No. 09-076, December 2008.
      • 2008
      • Working Paper

      Etiquette and Process Puzzles of Negotiating Business in China: A Questionnaire

      By: James K. Sebenius and Cheng (Jason) Qian
      Cultural differences can affect negotiations in many ways, from influencing the basic motivations and perceptions of the players to guiding the surface aspects, such as etiquette, protocol, and process, of business interactions. Navigating the challenges of these... View Details
      Keywords: Decision Making; Cross-Cultural and Cross-Border Issues; Governance; Questionnaires; Negotiation Process; Behavior; China
      Citation
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      Sebenius, James K., and Cheng (Jason) Qian. "Etiquette and Process Puzzles of Negotiating Business in China: A Questionnaire." Harvard Business School Working Paper, No. 09-077, December 2008.
      • September 2008
      • Case

      Steven Scheyer: Renegotiating the Newell Rubbermaid Relationship with Wal-Mart

      By: James K. Sebenius and Ellen Knebel
      In April 2001, Newell Rubbermaid's incoming CEO Joe Galli tapped Steve Scheyer to become President of Newell Rubbermaid's soon-to-be-created Wal-Mart Division. Scheyer had to renegotiate a partnership with Wal-Mart--Rubbermaid's largest customer--that had grown... View Details
      Keywords: Customer Focus and Relationships; Distribution Channels; Partners and Partnerships; Negotiation Process
      Citation
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      Sebenius, James K., and Ellen Knebel. "Steven Scheyer: Renegotiating the Newell Rubbermaid Relationship with Wal-Mart." Harvard Business School Case 909-013, September 2008.
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