Michael A. Wheeler

MBA Class of 1952 Professor of Management Practice, Retired

Michael Wheeler is the MBA Class of 1952 Professor of Management Practice at the Harvard Business School where teaches Negotiation as well as a variety of executive courses. In previous years he served as faculty chair of the first year MBA program and headed the required Negotiation course.  He has also taught The Moral Leader; Leadership, Values, and Decision Making; and, as Visiting Professor at Harvard Law School, Mediation & Consensus Building.  At HBS he has received the Greenhill Award for his contributions to the School's mission. 

Wheeler’s current research focuses on negotiation dynamics, dispute resolution, organizational design, and ethics. He is the editor of the Negotiation Journal and co-director of the Negotiation Pedagogy initiative at the inter-university Program on Negotiation.

Wheeler is the author or co-author of ten books, including the forthcoming The Art of Negotiation: How to Improvise Agreement in a Chaotic World. In addition, he has written What’s Fair? Ethics for Negotiators (with Carrie Menkel-Meadow), Business Fundamentals in Negotiation, and On Teaching Negotiation. His text Environmental Dispute Resolution (with Lawrence Bacow) won the CPR-ADR’s annual award as the best book on negotiation. He has written numerous articles in both scholarly journals (among them, the Yale Journal of Regulation, the Harvard Negotiation Law Review, and The Journal of Applied Psychoanalytic Studies) and the public press, including The Harvard Business Review, The Atlantic Monthly, and The New York Times.

He has also written scores of negotiation exercises, cases, notes, and self-assessment tools. These materials cover subjects ranging from nonverbal communication and complexity theory, to the parallels between negotiation strategy and both jazz and war-fighting. He has written extensive case studies of negotiation system design, documenting GE’s “early dispute resolution initiative” and Guinness’s process for approving acquisitions and joint ventures. With colleagues Gerald Zaltman and Kimberlyn Leary, he is investigating emotions and unconscious attitudes that people bring to the bargaining table.  With Clark Freshman he is also exploring nonverbal communication and lie detection in negotiation.

Wheeler co-chairs the board of the Consensus Building Institute. He previously taught at MIT's Department of Urban Studies and Planning from 1981 to 1993, where he was Director of Research at MIT's Center for Real Estate Development. Previously he was Director of Education and Research at the Lincoln Institute of Land Policy and Professor of Law at New England Law School. He has also been a Visiting Professor at the University of Colorado and the Politecnico di Torino, Italy. He has appeared extensively on public television in Boston and elsewhere.

He holds degrees from Amherst College, Boston University, and Harvard Law School, and was admitted to the Massachusetts bar in 1969. He has been a panelist for the American Arbitration Association, and has served as a mediator or arbitrator in a variety of business and regulatory disputes. He has advised corporate clients, trade organizations, and government agencies on negotiation issues in the United States and abroad.

Books

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

    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 Fisher, William Ury, and Bruce Patton and the hard-bargaining style of Herb Cohen's You Can Negotiate Anything. Now Michael Wheeler provides a dynamic alternative to one-size-fits-all strategies that don’t match real world realities. The Art of Negotiation shows how master negotiators thrive in the face of chaos and uncertainty. They don't trap themselves with rigid plans. Instead they understand negotiation as a process of exploration that demands ongoing learning, adapting, and influencing. Their agility enables them to reach agreement when others would be stalemated. Michael Wheeler illuminates the improvisational nature of negotiation, drawing on his own research and his work with Program on Negotiation colleagues. He explains how the best practices of diplomats such as George J. Mitchell, dealmaker Bruce Wasserstein, and Hollywood producer Jerry Weintraub apply to everyday transactions like selling a house, buying a car, or landing a new contract. Wheeler also draws lessons on agility and creativity from fields like jazz, sports, theater, and even military science.

    Keywords: negotiation; Negotiation;

    Citation:

    Wheeler, Michael. The Art of Negotiation: How to Improvise Agreement in a Chaotic World. New York: Simon & Schuster, 2013. View Details

Journal Articles

  1. 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 the two domains. In spite of important differences, however, the dynamics of war and negotiation have much in common. Specifically, both involve the interaction of motivated agents with distinct interests, perceptions, and values (especially in high-stakes contexts). As a result, robust strategy, creativity, and nimble tactics are essential both on the battlefield and at the bargaining table. Just as negotiation theory could be enriched by principles of maneuver warfare, military doctrine offers officers and soldiers a potentially useful foundation to better understand and manage the negotiation process, especially in complex, cross-cultural contexts.

    Keywords: negotiation; Strategy; Leadership; War; Negotiation; Learning;

    Citation:

    Wheeler, Michael A. "The Fog of Negotiation: What Negotiators Can Learn from Military Doctrine." Negotiation Journal 29, no. 1 (January 2013): 23–38. View Details
  2. 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 apparently was taken. A huge majority of the attendees disapproved of exposing their impressionable pupils to the reality that in some negotiations, more for one party means less for the other. I gather the consensus view rested on the notion that distributive bargaining is brutish, perhaps even immoral. Perhaps negotiation teachers wanted to see themselves as surrogate peacemakers and problem solvers, bringers of value-creating light to the world through the future of good works of their charges. They certainly didn't want to see themselves as pit bull trainers.

    Keywords: Management; Conferences; Business Education; Debates; Negotiation; Problems and Challenges; Value Creation; Moral Sensibility;

    Citation:

    Wheeler, Michael A. "Three Cheers for Teaching Distributive Bargaining." Negotiation Journal 28, no. 1 (January 2012). View Details
  3. Rethinking Decision Making, book review of The Art of Choosing, by Sheena Iyengar, and Streetlights and Shadows: Searching for the Keys to Adaptive Decision Making, by Gary Klein

    Keywords: Decision Making; Decision Choices and Conditions;

Book Chapters

  1. Resolving Local Regulatory Disputes and Building Consensus for Affordable Housing

    Keywords: Housing; Government and Politics; Governing Rules, Regulations, and Reforms; Local Range; Conflict and Resolution; Negotiation; Construction Industry;

    Citation:

    Wheeler, M. A. "Resolving Local Regulatory Disputes and Building Consensus for Affordable Housing." In Building Foundations: Housing and Federal Policy, edited by D. DiPasquale and K. Lanley. Philadelphia: University of Pennsylvania Press, 1990. View Details

Cases and Teaching Materials

  1. Learning to Negotiate

    This brief note introduces to the student the challenges and rewards of learning to be a more skilled negotiator. Negotiation requires the integration of keen analytic insight with emotional intelligence capabilities.

    Keywords: Negotiation; Social Psychology;

    Citation:

    Wheeler, Michael. "Learning to Negotiate." Harvard Business School Background Note 912-004, September 2011. View Details
  2. Discount & Hawkins Openings: Highlights of the Transcript

    This case presents a transcript of a video that illustrates two possible ways that two professional negotiators might perform in a negotiation simulation. It ighlights two possible "openings" of the negotiation, displaying possible ways value might be created and/or claimed.

    Keywords: Value Creation; Negotiation Tactics;

    Citation:

    Wheeler, Michael A. "Discount & Hawkins Openings: Highlights of the Transcript." Harvard Business School Video Supplement 902-225, June 2002. (Revised March 2011.) View Details
  3. Moral Decision-Making: Reason, Emotion & Luck

    This extensive note synthesizes current psychological and neuroscientific research on how people make decisions with moral implications. Research summaries and scenarios illustrate critical issues.

    Keywords: Decision Making; Moral Sensibility; Leadership; Science; Emotions;

    Citation:

    Wheeler, Michael A., and Julianna Pillemer. "Moral Decision-Making: Reason, Emotion & Luck." Harvard Business School Background Note 910-029, April 2010. (Revised November 2010.) View Details
  4. Deal-crafting Toolkit

    Illustrates the potential sources of value creation as well as practical barriers to its achievement. Students analyze five brief scenarios that would yield efficient trades over valuation, discount rates, expectations, and risk tolerance, but that might be thwarted by strategic behavior, misaligned frames, interpersonal conflict, or poor process management. In-class discussion prompts deeper understanding of the tensions between creating and claiming value in negotiation.

    Keywords: Negotiation Deal; Negotiation Process; Behavior; Valuation; Value Creation;

    Citation:

    Wheeler, Michael A. "Deal-crafting Toolkit." Harvard Business School Exercise 801-201, June 2001. (Revised September 2010.) View Details
  5. Nonverbal Communication in Negotiation

    This case distills the practical implications of current research on nonverbal communication. The first section sketches different kinds of nonverbal behavior: facial expressions, eye movements, physical gestures, paraverbal cues, posture, and "personal space." The next section looks more deeply at the interactive nature of nonverbal communication--specifically, how one person's behavior both influences and reflects what others do. The final section suggests how negotiators can make better use of nonverbal communication. Five themes run throughout the case: 1) we communicate far more information to other people than is conveyed by our words alone, 2) our nonverbal signals sometimes contradict the words we use, 3) much of this communication is less than fully conscious, 4) reading nonverbal communication is an art, not a science, and 5) nonverbal communication must be understood in the context of the broader set of interactions among all parties.

    Keywords: Nonverbal Communication; Negotiation Participants; Situation or Environment; Behavior; Power and Influence;

    Citation:

    Wheeler, Michael A., and Dana Nelson. "Nonverbal Communication in Negotiation." Harvard Business School Background Note 903-081, February 2003. (Revised September 2009.) View Details
  6. Negotiation Advice: A Synopsis

    Distills the negotiation advice of more than a dozen general books on negotiation. Compares and contrasts specific prescriptions and organizes the books into five loose categories: win-win or mutual gains negotiation, negotiation analysis, relational negotiation, negotiation in context, and the school of hard knocks. An appendix provides a more extensive bibliography.

    Keywords: Negotiation; Research;

    Citation:

    Wheeler, Michael A. "Negotiation Advice: A Synopsis." Harvard Business School Background Note 905-059, January 2005. (Revised June 2009.) View Details
  7. ADR Choices

    Six different business disputes, all in the shadow of pending litigation, are described. Students are asked to recommend the appropriate method of dispute resolution (mediation, arbitration, mini-trial, etc.) for each one, depending on the circumstances, especially to assess likely barriers to unassisted negotiation.

    Keywords: Lawsuits and Litigation; Managerial Roles; Negotiation; Agreements and Arrangements; Conflict Management;

    Citation:

    Wheeler, Michael, James Sebenius, and Marjorie Aaron. "ADR Choices." Harvard Business School Background Note 908-040, March 2008. (Revised June 2012.) View Details
  8. Riggs-Vericomp Negotiation (A):Confidential Information for RIGGS ENGINEERING

    The seller (Riggs Engineering) manufactures and services recycling equipment for the computer industry. The buyer (Vericomp) uses solvents in manufacturing chips. Though set in a high-tech industry, this exercise illustrates fundamental aspects of negotiation analysis that would apply in any situation--specifically, potential sources of joint gains and the tension between creating and claiming value. While it may be possible to reach a deal on price alone, doing so is difficult. Students can expand the zone of possible agreement if they creatively trade on other issues, including the scope of services Riggs will provide, payment schedules, timing of the contract, and possible guarantees. Even as they jointly expand the pie, of course, they must be mindful of what slice will be theirs. All agreements can be expressed in present value terms, so it is easy to identify which pairs generated the most gain, and which individuals got the best deals for their particular companies. This is a two-party, multi-issue negotiation exercise. Students should read either the (A) or the (B), but not both, and then be paired up to negotiate. Results are reported using the simple form that is the (C) case.

    Keywords: Agreements and Arrangements; Negotiation Participants; Negotiation Tactics; Value Creation; Computer Industry;

    Citation:

    Wheeler, Michael A. "Riggs-Vericomp Negotiation (A):Confidential Information for RIGGS ENGINEERING." Harvard Business School Exercise 801-096, July 2000. (Revised May 2008.) View Details
  9. Riggs-Vericomp Negotiation (B): Confidential Information for VERICOMP

    The seller (Riggs Engineering) manufactures and services recycling equipment for the computer industry. The buyer (Vericomp) uses solvents in manufacturing chips. Though set in a high-tech industry, this exercise illustrates fundamental aspects of negotiation analysis that would apply in any situation--specifically, potential sources of joint gains and the tension between creating and claiming value. While it may be possible to reach a deal on price alone, doing so is difficult. Students can expand the zone of possible agreement if they creatively trade on other issues, including the scope of services Riggs will provide, payment schedules, timing of the contract, and possible guarantees. Even as they jointly expand the pie, of course, they must be mindful of what slice will be theirs. All agreements can be expressed in present value terms, so it is easy to identify which pairs generated the most gain, and which individuals got the best deals for their particular companies. This is a two-party, multi-issue negotiation exercise. Students should read either the (A) or the (B), but not both, and then be paired up to negotiate. Results are reported using the simple form that is the (C) case.

    Keywords: Agreements and Arrangements; Negotiation Participants; Negotiation Tactics; Value Creation; Computer Industry;

    Citation:

    Wheeler, Michael A. "Riggs-Vericomp Negotiation (B): Confidential Information for VERICOMP." Harvard Business School Exercise 801-097, July 2000. (Revised May 2008.) View Details
  10. Negotiation Strategy: Pattern Recognition Game

    In negotiation, correctly identifying your counterpart's strategy is vital. Only then can you constructively influence their behavior-or adapt appropriately to what they are doing. This case-and its related computer-based exercise (Negotiation Strategy Simulation)-illuminate how through a thoughtful process of probing and testing, a negotiator may determine whether the other party tends to be cooperative or competitive. The material also demonstrates how the benefit of such learning must be weighed against the possible costs of being provocative.

    Keywords: Negotiation; Behavior; Conflict and Resolution; Power and Influence; Strategy; Competition; Cooperation;

    Citation:

    Barron, Gregory M., and Michael A. Wheeler. "Negotiation Strategy: Pattern Recognition Game." Harvard Business School Background Note 908-015, August 2007. (Revised September 2007.) View Details
  11. Nonverbal Communication: Distinguishing Truth and Lies

    This video-based coursework illuminates the importance--and difficulty--of judging whether people are trustworthy. Students can test their skills at assessing whether contestants in a high-stakes game show will cooperate or defect.

    Keywords: Nonverbal Communication; Competency and Skills; Moral Sensibility; Emotions; Trust;

    Citation:

    Wheeler, Michael A. "Nonverbal Communication: Distinguishing Truth and Lies." Harvard Business School Video Case 908-702, September 2007. View Details
  12. A Note on Maneuvering in War and Negotiation

    Military metaphors are commonplace in business writing about strategy, but they are rarely used in the negotiation literature. This case takes the Marine Corps philosophy of warfighting and compares it with the tactics and techniques of effective negotiators. Some of the characteristics of war--such as friction, imperfect information and communication, fluidity, and disorder--are also parts of negotiations. Likewise, some of the techniques military strategists use, like exploiting gaps in the enemy's lines and using boldness and speed to surprise the enemy, can also work for negotiators. Most critically, however, this case applies the notion of complexity to both warfare and negotiation and introduces students to the ideas of continual adaptation and dynamic responses to changing environments.

    Keywords: Negotiation Tactics; Situation or Environment; Conflict and Resolution; War; Adaptation;

    Citation:

    Wheeler, Michael A., and Gillian Morris. "A Note on Maneuvering in War and Negotiation." Harvard Business School Background Note 902-157, January 2002. (Revised August 2007.) View Details
  13. Negotiation Strategy Simulation (TN)

    This tool can be used with the Negotiation Strategy Simulation. To access the tool please use this URL: http://hbsp.harvard.edu/multimedia/neg_strat/index.html.

    Keywords: Negotiation; Strategy;

    Citation:

    Wheeler, Michael A., and Gregory M. Barron. "Negotiation Strategy Simulation (TN)." Harvard Business School Teaching Note 908-013, August 2007. View Details
  14. Guinness PLC: Managing Negotiations

    Describes an initiative by Guinness, LLP to revise the process by which it centrally authorizes, supports, and reviews negotiations that are undertaken worldwide on its behalf. Senior managers wished to give regional officers enough discretion to respond to local conditions while still maintaining centralized control and coordination. Includes detailed descriptions of two such negotiations, one involving the dissolution of a partnership, the other a possible acquisition.

    Keywords: Partners and Partnerships; Negotiation; Acquisition;

    Citation:

    Wheeler, Michael A. "Guinness PLC: Managing Negotiations." Harvard Business School Case 902-009, August 2001. (Revised August 2005.) View Details
  15. Lonestar

    Explores the legal and ethical responsibilities of a manager who believes that he has heard of a serious instance of sexual harassment, but who has been implored by the victim not to report it. Discussion can focus on the immediate problem or be expanded to a broader analysis of the difficult choices involved in crafting organizational policies governing conduct, as well as effective procedures for reviewing apparent infractions.

    Keywords: Working Conditions; Management Practices and Processes; Ethics; Crisis Management; Legal Liability;

    Citation:

    Wheeler, Michael A., and Georgia Levenson. "Lonestar." Harvard Business School Case 902-006, November 2001. (Revised April 2005.) View Details
  16. Ray Rogers and the Corporate Campaign (A)

    Sets the stage for analyzing the strategy of labor organizer Ray Rogers in bringing J.P. Stevens to the bargaining table when conventional union tactics failed. Though set in the specific context of labor-management relations, it illustrates much more fundamental aspects of negotiation analysis, strategy, and tactics. A rewritten version of an earlier case.

    Keywords: Strategy; Negotiation Preparation; Negotiation Tactics; Labor Unions; Labor and Management Relations; Manufacturing Industry; United States;

    Citation:

    Sebenius, James K., and Michael A. Wheeler. "Ray Rogers and the Corporate Campaign (A)." Harvard Business School Case 905-054, January 2005. (Revised February 2005.) View Details
  17. Luna Pen (A)

    Discusses the negotiation of a possible trademark infringement involving a German conglomerate and a Taiwanese trading firm.

    Keywords: Strategy; Law; Negotiation Tactics; Decision Choices and Conditions; Gender Characteristics; Culture; Trademarks; Power and Influence; Germany; Taiwan;

    Citation:

    McGinn, Kathleen L., and Michael A. Wheeler. "Luna Pen (A)." Harvard Business School Case 396-156, November 1995. (Revised December 2013.) View Details
  18. Confidentiality in Settlement Negotiations: Ethics & Law

    Legal policy has a long history of protecting confidentiality of negotiations that are designed to produce settlement. However, within the past several decades there has been a significant push toward openness. Compelling arguments support confidentiality: It helps promote candid discussion when sensitive material is involved and may make settlements possible. On the other hand, ethical concern where public health and safety are involved has prompted some states to pass laws requiring the disclosure of settlement agreements or to revise their procedures governing confidentiality of discovery, protective orders, and sealing of litigation records. This case summarizes the legal and ethical debate. It identifies the major issues surrounding confidentiality in settlement negotiations and illustrates them with several examples.

    Keywords: Ethics; Lawsuits and Litigation; Attorney and Client Relationships; Policy; Corporate Disclosure; Negotiation;

    Citation:

    Wheeler, Michael A., Dana Nelson, and Gillian Morris. "Confidentiality in Settlement Negotiations: Ethics & Law." Harvard Business School Background Note 904-057, January 2004. (Revised September 2004.) View Details
  19. Presence of Mind

    This case is reflection on the importance of acquiring presence of mind in negotiations. Using a variety of metaphors, the case explores different ways for negotiators to achieve this selfawareness. Athletes experience the phenomenon of "being in the zone," artists and writers speak of being "in flow," and practitioners of mediation strive for "mindfulness." These different experiences all provide insight for negotiators as they face complex interpersonal and contextual discussions. This case resents a vivid example of a firefighter facing an extreme situation--and using an enviable presence of mind to see it through.

    Keywords: Management Skills; Negotiation Tactics; Negotiation Style; Interpersonal Communication; Decision Making;

    Citation:

    Wheeler, Michael A. "Presence of Mind." Harvard Business School Background Note 903-009, September 2002. View Details
  20. Discount and Hawkins Critical Moments: Full Transcript

    This case presents a transcript of two professional negotiators of the Discount and Hawkins real estate negotiations. It highlights the challenges of creating value for both sides in the deal and provides a glimpse of how one set of professionals structured an agreement.

    Keywords: Agreements and Arrangements; Value Creation; Problems and Challenges; Negotiation Participants; Real Estate Industry;

    Citation:

    Wheeler, Michael A., and Gillian Morris. "Discount and Hawkins Critical Moments: Full Transcript." Harvard Business School Case 902-124, November 2001. (Revised July 2002.) View Details
  21. Discount and Hawkins Exercise: Confidential Instructions for Landlord

    This simulation involves a negotiation between a real estate developer and a prospective anchor tenant in a proposed shopping center. Students are assigned roles, given confidential information, and asked to try to break the impasse over the "use, assignment, and subletting" clause. Debriefing the results in class should illustrate the possibility of generating joint gains through interest-based negotiation—and the obstacles to such a process. Technical knowledge of real estate issues is not assumed.

    Keywords: Negotiation; Leasing; Real Estate Industry;

    Citation:

    Wheeler, Michael A. "Discount and Hawkins Exercise: Confidential Instructions for Landlord." Harvard Business School Exercise 898-130, December 1997. (Revised September 2014.) View Details
  22. Discount and Hawkins Exercise: Confidential Instructions for Tenant

    This simulation involves a negotiation between a real estate developer and a prospective anchor tenant in a proposed shopping center. Students are assigned roles, given confidential information, and asked to try to break the impasse over the "use, assignment, and subletting" clause. Debriefing the results in class should illustrate the possibility of generating joint gains through interest-based negotiation—and the obstacles to such a process. Technical knowledge of real estate issues is not assumed.

    Keywords: Negotiation; Leasing;

    Citation:

    Wheeler, Michael A. "Discount and Hawkins Exercise: Confidential Instructions for Tenant." Harvard Business School Exercise 898-131, December 1997. (Revised September 2014.) View Details
  23. Discount & Hawkins Openings: Video Highlights

    This case shows the interactions between two quite different pairs of negotiators, both engaged in working through the final leasing clause between a mall developer and its anchor tenant. It highlights the importance of openings to frame and shape the entire course of the negotiation.

    Keywords: Interpersonal Communication; Negotiation; Leasing; Renting or Rental; Competition;

    Citation:

    Wheeler, Michael A. "Discount & Hawkins Openings: Video Highlights." Harvard Business School Video Supplement 903-801, July 2002. View Details
  24. Note on the Value of Life

    This case summarizes how American courts measure damages in wrongful death suits. Various standards are compared, as are their implications for business management.

    Keywords: Judgments; Courts and Trials; Business or Company Management; Standards; Negotiation; United States;

    Citation:

    Wheeler, Michael A., and Carlos Gonzalez. "Note on the Value of Life." Harvard Business School Background Note 902-152, June 2002. View Details
  25. Complexity Theory and Negotiation

    This case highlights an application of current thoughts in complexity science to negotiation theory. It emphasizes a provocative approach that questions much of traditional negotiation research thus far. The case explains the roots of complexity science and some broad ideas and definitions, such as linearity versus nonlinearity, feedback loops, and chaos. It turns to a subset of complexity science--the study of complex adaptive systems. These systems have interactive feedback loops and critical junctures that affect the future course of the system. Also, they are highly adaptive and creative. Negotiations are complex, adaptive systems and should be studied at the micro, interactional scale. Five key lessons are drawn: 1) seemingly simple negotiations can take surprisingly different paths; 2) situations that appear complex may be driven by only a few key factors; 3) large patterns are often reflected in small ones; 4) complex adaptive systems, like negotiation, are not utterly random, yet neither do they have a fixed equilibrium; and 5) creativity is spawned at the chaotic edge.

    Keywords: Complexity; Negotiation Tactics; Outcome or Result; Interpersonal Communication;

    Citation:

    Wheeler, Michael A., and Gillian Morris. "Complexity Theory and Negotiation." Harvard Business School Background Note 902-230, June 2002. View Details
  26. Negotiation Analysis: An Introduction

    Provides an overview of the seven elements of negotiation analysis. These elements include BATNAs (nonagreement walk-aways), parties, interests, value-creation, barriers to agreements, power, and ethics. Illustrations are drawn from a range of contexts (from buying a car and the sale of a business to dispute resolution and international diplomacy).

    Keywords: Framework; Negotiation Tactics; Negotiation Preparation;

    Citation:

    Wheeler, Michael A. "Negotiation Analysis: An Introduction." Harvard Business School Background Note 801-156, August 2000. (Revised June 2002.) View Details
  27. Negotiation Self-Assessment

    This exercise helps students evaluate their negotiating style on traditional measures of creating versus claiming, and empathy and assertiveness. In just a few minutes, they can see where their natural style lies on a matrix.

    Keywords: Negotiation; Attitudes;

    Citation:

    Wheeler, Michael A. "Negotiation Self-Assessment." Harvard Business School Exercise 902-218, May 2002. (Revised June 2002.) View Details
  28. Luna Pen (B)

    Presents a series of multiple choice options to be distributed and discussed in class.

    Keywords: Decisions; Strategy; Negotiation Tactics; Performance Evaluation; Gender Characteristics; Culture; Power and Influence; Germany; Taiwan;

    Citation:

    McGinn, Kathleen L., and Michael A. Wheeler. "Luna Pen (B)." Harvard Business School Supplement 396-157, November 1995. (Revised December 2013.) View Details
  29. Tobacco Negotiations

    Chronicles the negotiation of the proposed national settlement between the states and the five major U.S. tobacco companies.

    Keywords: Negotiation Types; Negotiation Process; Business and Government Relations; Consumer Products Industry; United States;

    Citation:

    Wheeler, Michael A., and Georgia Levenson. "Tobacco Negotiations." Harvard Business School Case 899-049, July 1998. (Revised April 2002.) View Details
  30. Ginzel et al v. Kolcraft Enterprises et al (A)

    Examines the wrongful death lawsuit brought by the family of an infant who died after a portable crib collapsed. The manufacturer, Kolcraft, licensed the Playskool brand name from the co-defendant, Hasbro Industries. Raises difficult questions about what the two companies should do now, after a series of tragic deaths--and after apparently complying with regulatory requirements governing product recall. Also raises provocative questions about the appropriateness of settlements in wrongful-death suits, corporate responsibility to ensure product safety, and pressures of national media attention on corporate actions. Though the circumstances here are particularly heart-breaking, managers often have to deal with lawsuits that are value-laden and have high emotional content, such as employment discrimination or sexual harassment claims, for example, or environmental and regulatory disputes. The kinds of decisions and tensions that a manager faces in such instances surely have much in common with the issues raised.

    Keywords: Safety; Product; Negotiation; Corporate Social Responsibility and Impact; Lawsuits and Litigation; Legal Liability; Brands and Branding; Consumer Products Industry; United States;

    Citation:

    Wheeler, Michael A. "Ginzel et al v. Kolcraft Enterprises et al (A)." Harvard Business School Case 801-059, March 2001. (Revised April 2002.) View Details
  31. States vs. Microsoft, The

    Although the federal Justice Department managed to settle its massive antitrust litigation against Microsoft in 2001, the state suit against the company continued. State attorney generals, perhaps emboldened by their recent victory over the Big Five tobacco companies, held out for stricter measures against Microsoft's alleged anticompetitive practices. The dynamics of this multiparty, multi-issue mediation illustrate the complexities of reaching viable settlements in public-private negotiations.

    Keywords: Service Operations; Public Ownership; Private Ownership; Negotiation Deal; Goals and Objectives; Lawsuits and Litigation; Decision Making; Information Industry; Legal Services Industry;

    Citation:

    Wheeler, Michael A., and Gillian Morris. "States vs. Microsoft, The." Harvard Business School Background Note 902-177, February 2002. View Details
  32. Mediating in the Wake of Disaster: The MIT Settlement

    In 1997, MIT freshman Scott Kruger died from alcohol poisoning after a ritual fraternity ceremony. His death sparked national controversy over the responsibility of universities for their students. For his parents, though, the pain was personal and almost solely directed at the leadership of MIT. In such an emotionally charged situation, it is remarkable that the lawyers on both sides came to a settlement.

    Keywords: Higher Education; Negotiation Deal; Moral Sensibility; Leadership; Situation or Environment; Framework; Legal Services Industry; Education Industry;

    Citation:

    Wheeler, Michael A., and Gillian Morris. "Mediating in the Wake of Disaster: The MIT Settlement." Harvard Business School Background Note 902-188, February 2002. View Details
  33. A Note on Critical Moments in Negotiation

    This case provides an introduction to the wide field of literature that addresses the presence of critical moments--moments that fundamentally can change the negotiation. Critical moments have been examined by a range of theorists and scientists, from mathematicians to linguists to evolutionary biologists. As such, there are several lenses through which to interpret them. Some scholars see them as tipping points; others see critical moments as the points of transition between phases or stages. The case examines these models and ways these models can help negotiators recognize critical moments as they occur. If negotiators can increase their ability to perceive critical junctures, their opportunities to shape the course of the negotiation and achieve desirable outcomes is greatly improved.

    Keywords: Negotiation Tactics; Decision Choices and Conditions; Change; Negotiation Process; Body of Literature;

    Citation:

    Wheeler, Michael A., and Gillian Morris. "A Note on Critical Moments in Negotiation." Harvard Business School Background Note 902-163, December 2001. View Details
  34. Cybersettle

    Cybersettle's management faced a dilemma: How could they turn their company, which provided confidential online settlement services for insurance claims, into a profitable enterprise? Having started during the heady days of Internet "dot-com fever," the company now had to reevaluate its business plan and its strategy for penetrating the tightly held insurance industry. Cybersettle offered a three-round, blind-bidding system that matched plaintiff demands with offers from insurance companies. If the bids came near each other in any particular round, then the system split the difference between the bids and declared settlement. Such a service could save dollars for the insurance carriers and time for plaintiffs and their attorneys. Yet, deciding how to market this product was proving to be a challenge. Although many dispute resolution firms have attempted to reap the benefits of the Internet, few have succeeded.

    Keywords: Restructuring; Bids and Bidding; Negotiation Process; Conflict and Resolution; Business Strategy; Commercialization; Internet; Insurance Industry;

    Citation:

    Wheeler, Michael A., and Gillian Morris. "Cybersettle." Harvard Business School Case 902-158, December 2001. View Details
  35. Sexual Harassment Law and Policy

    Outlines the recent development of legal principles regarding sexual harassment, including procedures in the United States and state courts, what circumstances constitute harassment, the resolution of these conflicts and the resulting consequences for the individuals involved and the organizations in which those individuals work.

    Keywords: Crime and Corruption; Policy; Working Conditions; Code Law; Outcome or Result; Conflict and Resolution; United States;

    Citation:

    Wheeler, Michael A., Georgia Levenson, and Arturo Corso. "Sexual Harassment Law and Policy." Harvard Business School Background Note 902-007, November 2001. View Details
  36. Lakeside

    This case presents an ethical choice: How should a prospective buyer respond when a homeowner quotes a price that the buyer knows is significantly below market value? The case describes a private transaction in which the prospective seller is fully competent mentally but is apparently uninformed about current market prices. The buyer could agree to the asking price (or even counter with a lower figure) without taking any financial risk, because he or she could obtain appropriate guarantees of good title, absence of environmental problems, and so forth.

    Keywords: Ethics; Price; Negotiation Process; Property; Risk and Uncertainty; Real Estate Industry;

    Citation:

    Wheeler, Michael A. "Lakeside." Harvard Business School Case 902-104, November 2001. View Details
  37. NESWC (A)

    Documents attempts to restructure a public-private partnership between the operator of a $200 million trash-to-energy cogeneration plant and a consortium of two dozen Massachusetts municipalities. Describes the process that led to a one-sided agreement, as well as the legal developments that opened up the possibility of a revision.

    Keywords: Private Sector; Public Sector; Energy Generation; Corporate Governance; Governing Rules, Regulations, and Reforms; Negotiation Deal; Negotiation Process; Partners and Partnerships; Wastes and Waste Processing; Energy Industry; Massachusetts;

    Citation:

    Wheeler, Michael A. "NESWC (A)." Harvard Business School Case 801-067, June 2001. View Details
  38. GE's Early Dispute Resolution Initiative (A)

    GE's chief litigation counsel sought to rationalize litigation flow by viewing it as a manufacturing process. By applying the principles of Six Sigma, P.D. Villareal created an Early Dispute Resolution (EDR) system that enabled both lawyers and managers to work together to address potential disputes early and efficiently. Though the savings in time and energy were tremendous and obvious, evaluating the financial savings proved trickier. Also on the horizon was the challenge of spreading the program throughout the enormous GE global organization.

    Keywords: Corporate Governance; Governing Rules, Regulations, and Reforms; Lawsuits and Litigation; Six Sigma; Organizational Change and Adaptation; Problems and Challenges; Conflict and Resolution; Energy Industry; Technology Industry; United States;

    Citation:

    Wheeler, Michael A., and Gillian Morris. "GE's Early Dispute Resolution Initiative (A)." Harvard Business School Case 801-395, June 2001. View Details
  39. GE's Early Dispute Resolution Initiative (B)

    Early Dispute Resolution (EDR) has proved successful at GE. Yet, when Michael McIlwrath, new counsel at an Italian subsidiary, attempted to translate it to his company, problems arose. He had to gain internal acceptance, and explain the concept of early mediation to a European culture not accustomed to the practice. This case examines the successes and challenges of translating an American dispute resolution program to an overseas context and explores four studies of litigation cases facing McIlwrath.

    Keywords: Business Subsidiaries; Globalization; Lawsuits and Litigation; Organizational Culture; Performance Effectiveness; Problems and Challenges; Conflict of Interests; Complexity; Italy; New York (state, US);

    Citation:

    Wheeler, Michael A., and Gillian Morris. "GE's Early Dispute Resolution Initiative (B)." Harvard Business School Supplement 801-453, June 2001. View Details
  40. Disney (C): The Mouse in Times Square

    Disney's first foray into an urban environment, is the restoration and development of the landmark New Amsterdam Theater in New York's Times Square. Disney must negotiate with the city, state, and various nonprofit organizations focused on the redevelopment of Times Square.

    Keywords: Negotiation Types; Urban Development; Tourism Industry; Entertainment and Recreation Industry;

    Citation:

    Wheeler, Michael A., Thomas Dretler, and Georgia Levenson. "Disney (C): The Mouse in Times Square." Harvard Business School Case 898-020, October 1997. (Revised June 2001.) View Details
  41. Atlantis-Biovent Negotiation: Confidential Instructions for Atlantis

    This two-party exercise illustrates bidding strategy in the context of settling a large insurance claim. Specifically, the claimant (Biovent) and the insurer (Atlantis) are asked to submit confidential offers to a dispute resolution Web site that will determine whether there is room for agreement. This exercise is thus a vehicle for: 1) examining what sorts of bidding rules are likely to promote settlement and 2) exploring more broadly the emerging market for Internet-based dispute resolution services.

    Keywords: Insurance; Bids and Bidding; Market Platforms; Negotiation Process; Conflict and Resolution; Strategy; Internet;

    Citation:

    Wheeler, Michael A. "Atlantis-Biovent Negotiation: Confidential Instructions for Atlantis." Harvard Business School Exercise 801-262, November 2000. View Details
  42. Atlantis-Biovent Negotiation: Confidential Instructions for Biovent

    This two-party exercise illustrates bidding strategy in the context of settling a large insurance claim. Specifically, the claimant (Biovent) and the insurer (Atlantis) are asked to submit confidential offers to a dispute resolution website that will determine whether there is room for agreement. This exercise is thus a vehicle for: 1) examining what sorts of bidding rules are likely to promote settlement and 2) exploring more broadly the emerging market for Internet-based dispute resolution services.

    Keywords: Insurance; Bids and Bidding; Emerging Markets; Agreements and Arrangements; Conflict of Interests; Strategy; Web Sites;

    Citation:

    Wheeler, Michael A. "Atlantis-Biovent Negotiation: Confidential Instructions for Biovent." Harvard Business School Exercise 801-263, November 2000. View Details
  43. Lynton V. Harris & Madison "Scare" Garden (A)

    A young entrepreneur, Lynton V. Harris, who successfully staged family-oriented shows in his native Australia and who had several entertainment ventures in the United States, is on the verge of signing an agreement with Madison Square Garden to jointly produce a new Halloween event. Both sides seem committed to the deal; but with the holiday looming, some key issues involving the sharing of profit (and risk) are still to be negotiated, not only between the principals but with key vendors. The continuing negotiations are the focal point of the deal, but the case includes rich descriptions of Harris's prior ventures, specifically how they enhanced his credibility at the bargaining table.

    Keywords: Negotiation; Entertainment and Recreation Industry; New York (city, NY);

    Citation:

    Wheeler, Michael A., and Guhan Subramanian. Lynton V. Harris & Madison "Scare" Garden (A). Harvard Business School Case 897-143, January 1997. (Revised October 2000.) View Details
  44. Disney (A): From Disneyland to Disney World—Learning the Art of Land Assembly

    Walt Disney is contemplating sites for a new theme park, building on the success of Disneyland in Anaheim. The focus is on Disney's strategy for land negotiation and acquisition, which is informed by his experience with the Anaheim park.

    Keywords: Negotiation Types; Negotiation Tactics; Acquisition; Tourism Industry; Entertainment and Recreation Industry; California;

    Citation:

    Wheeler, Michael A., and Georgia Levenson. "Disney (A): From Disneyland to Disney World—Learning the Art of Land Assembly." Harvard Business School Case 898-018, October 1997. (Revised September 2000.) View Details
  45. Disney (B): The Third Battle of Bull Run

    The saga of Disney's efforts to build a theme park in Manassas, Va. in the early 1990s is told. Disney's strategy against the various opponents of the project is presented.

    Keywords: Negotiation Types; Tourism Industry; Entertainment and Recreation Industry; United States;

    Citation:

    Wheeler, Michael A., and Georgia Levenson. "Disney (B): The Third Battle of Bull Run." Harvard Business School Case 898-019, October 1997. (Revised September 2000.) View Details
  46. 3M: Negotiating Air Pollution Credits (B)

    Supplements the (A) case.

    Keywords: Conflict of Interests; Negotiation Types; Pollution and Pollutants; Negotiation Participants; Laws and Statutes; Policy; Government and Politics; United States;

    Citation:

    Wheeler, Michael A., and Thomas Dretler. "3M: Negotiating Air Pollution Credits (B)." Harvard Business School Case 897-135, February 1997. (Revised September 2000.) View Details
  47. Lynton V. Harris & Madison "Scare" Garden (A), (B) TN

    Teaching Note for (9-897-143) and (9-897-144).

    Keywords: Negotiation; Contracts; Profit Sharing; Risk and Uncertainty; Negotiation Participants; Entertainment and Recreation Industry; Australia; New York (city, NY);

    Citation:

    Wheeler, Michael A., and Georgia Levenson. Lynton V. Harris & Madison "Scare" Garden (A), (B) TN. Harvard Business School Teaching Note 897-197, June 1997. (Revised September 2000.) View Details
  48. 3M: Negotiating Air Pollution Credits (C)

    An epilogue to the (A) and (B) cases, this describes the final steps in implementing the agreement 3M made with Procter and Gamble and with local public officials and interest groups.

    Keywords: Agreements and Arrangements; Pollution and Pollutants; Negotiation Participants; Performance Effectiveness; United States;

    Citation:

    Wheeler, Michael A., and Thomas Dretler. "3M: Negotiating Air Pollution Credits (C)." Harvard Business School Case 897-136, February 1997. (Revised October 1999.) View Details
  49. 3M: Negotiating Air Pollution Credits (A)

    A proposed trade of air pollution emission credits between 3M (now Imation) and Procter and Gamble is described. Though such trading is encouraged under federal environmental laws, 3M had adopted a company-wide policy against such deals. Procter and Gamble needs the credits and is an important 3M customer. Local citizens and public officials are sharply divided on the proposed deal.

    Keywords: Conflict of Interests; Negotiation Types; Pollution and Pollutants; Negotiation Participants; Laws and Statutes; Policy; Government and Politics; United States;

    Citation:

    Wheeler, Michael A., and Thomas Dretler. "3M: Negotiating Air Pollution Credits (A)." Harvard Business School Case 897-134, February 1997. (Revised May 1998.) View Details
  50. Negotiating the Right to Know: Rhone-Poulenc and Manchester, Texas (A-1), (A-2), and (B) TN

    Teaching Note for (9-895-062), (9-895-063), and (9-898-258).

    Keywords: Chemical Industry; United States;

    Citation:

    Wheeler, Michael A., and Andrea L Strimling. "Negotiating the Right to Know: Rhone-Poulenc and Manchester, Texas (A-1), (A-2), and (B) TN." Harvard Business School Teaching Note 396-417, June 1996. (Revised May 1998.) View Details
  51. Negotiating the Right to Know: Rhone-Poulenc and Manchester, Texas (A-1)

    Rhone-Poulenc wished to acquire a new permit, but local residents who were concerned about health issues threatened to block the permit.

    Keywords: Health; Rights; Negotiation; Conflict of Interests; Social Issues; Chemical Industry; United States;

    Citation:

    Wheeler, Michael A. "Negotiating the Right to Know: Rhone-Poulenc and Manchester, Texas (A-1)." Harvard Business School Case 895-062, May 1995. (Revised May 1998.) View Details