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- July 2024
- Case
Negotiating in a Hurricane: John Branca and the Michael Jackson Estate
By: James K. Sebenius and Alex Green
When the "King of Pop," Michael Jackson, unexpectedly died in 2009, he left behind an estate that was over $500 million in debt, with largely illiquid assets, and legions of creditors poised to begin to seize assets in as soon as 60 days. The task of managing Jackson’s...
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- 2024
- Working Paper
The Value of Silence: The Effect of UMG’s Licensing Dispute with TikTok on Music Demand
By: Mengjie Cheng, Elie Ofek and Hema Yoganarasimhan
Social media platforms like TikTok have transformed how music is discovered, consumed, and monetized. This study examines the implications of the dispute between TikTok and Universal Music Group (UMG), which resulted in UMG excluding its music from TikTok from February...
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- August 2022
- Case
Negotiating Peace in Colombia
By: Deepak Malhotra and Cody Smith
This case follows the protracted armed conflict between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC), tracing it from its origins over 50 years ago, through the private and public negotiations that ultimately resulted in the 2016...
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- August 2020
- Article
Trust in State and Non-State Actors: Evidence from Dispute Resolution in Pakistan
By: Daron Acemoglu, Ali Cheema, Asim I. Khwaja and James A. Robinson
Lack of trust in state institutions is a pervasive problem in many developing countries. This paper investigates whether information about improved public services can help build trust in state institutions and move people away from non-state actors. We find that...
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- January 2020
- Case
Terra Nova: A Social Business Trying to Unlock Land Rights for the Urban Poor in Brazil
By: Julie Battilana, Ruth Costas, Marissa Kimsey and Priscilla Zogbi
Brothers André and Daniel Albuquerque founded the company Terra Nova in 2001 to mediate land disputes between poor families illegally living in urban areas and the official landowners—with the aspiration to improve the lives of the poor. A business-led approach to the...
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- 2020
- Working Paper
Arbitration with Uninformed Consumers
By: Mark Egan, Gregor Matvos and Amit Seru
This paper studies the impact of the arbitrator selection process on consumer outcomes by examining roughly 9,000 consumer arbitration cases in the securities industry. Securities disputes present a good laboratory: arbitration is mandatory for all disputes,...
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- February 2018
- Case
Road Rage at the DMV
By: Andrew Wasynczuk, Katherine Baldiga Coffman and Karim Sameh
When Hewlett-Packard Enterprise notified the Rhode Island's Governor's Office that it wouldn't be able to deliver a "fully-functioning" technology upgrade for the Department of Motor Vehicles, both parties had reached a breaking point. While HPE argued that it would...
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- 2016
- Working Paper
Henry Kissinger's Negotiation Campaign to End the Vietnam War
By: James K. Sebenius and Eugene B. Kogan
President Richard M. Nixon was elected in 1968 with the widespread expectation that he would bring about an end to the costly and unpopular war in Vietnam. The task largely fell to National Security Adviser Henry Kissinger. When the negotiations began, North Vietnam...
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- 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...
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Keywords:
Dealmaking;
Diplomacy;
Conflict;
Dispute Resolution;
Strategy;
Conflict Management;
Negotiation
- December 2014
- Case
Henry A. Kissinger as Negotiator: Background and Key Accomplishments
By: James K. Sebenius and Laurence A. Green
Following a brief summary of Henry A. Kissinger's career, this case describes three of his most pivotal negotiations: the historic establishment of U.S. diplomatic relations with the People's Republic of China, the easing of geopolitical tension with the Soviet Union,...
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Keywords:
Kissinger;
Negotiation;
Bargaining;
Diplomacy;
Multiparty Negotiations;
Dispute Resolution;
Mediation;
Israel;
Sinai;
Egypt;
Cold War;
Detente;
China;
Nixon;
Conflict Management;
Negotiation Types;
International Relations;
Personal Development and Career;
Israel;
Egypt;
China;
United States;
Soviet Union
- 2016
- Working Paper
Henry A. Kissinger as Negotiator: Background and Key Accomplishments
By: James K. Sebenius, Laurence A. Green and Eugene B. Kogan
Following a brief summary of Henry A. Kissinger’s career, this paper describes six of his most pivotal negotiations: the historic establishment of U.S. diplomatic relations with the People’s Republic of China, the easing of geopolitical tension with the Soviet Union,...
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- September 2014 (Revised February 2017)
- Case
Turkcell
By: Felix Oberholzer-Gee, Charles C.Y. Wang and Esel Cekin
This case centers around the shareholder dispute between three major shareholders of Turkcell, and how its management vied against increasing regulatory intervention and market competition in the absence of a fully-functioning board. The battle for control of the...
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- February 2014
- Case
Tommy Koh: Background and Major Accomplishments of the 'Great Negotiator, 2014'
By: James K. Sebenius and Laurence A. Green
Significant negotiation-related achievements from the career of Ambassador Tommy Koh of Singapore are highlighted in brief form along with elements of his background and career. In light of these accomplishments, Koh was selected as the recipient of the 2014 Great...
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- December 2013
- Supplement
Rough Justice: Stuart Eizenstat and Holocaust-Era Asset Restitution (B)
By: James K. Sebenius and Laurence A. Green
This case carefully traces the process by which Stuart Eizenstat handled the negotiation challenges outlined in "Rough Justice: Stuart Eizenstat and Holocaust-Era Asset Restitution (A)". It describes the outcome of the Swiss negotiations and briefly sketches...
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- 2014
- Working Paper
Tommy Koh: Background and Major Accomplishments of the 'Great Negotiator, 2014'
By: James K. Sebenius and Laurence A. Green
Significant negotiation-related achievements from career of Ambassador Tommy Koh of Singapore are highlighted in brief form along with elements of his background and career. In light of these accomplishments, Koh was selected as the recipient of the 2014 Great...
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- 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...
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- 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...
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- 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...
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- 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...
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- October 2010
- Article
Preferring Balanced vs. Advantageous Peace Agreements: A Study of Israeli Attitudes Towards a Two-State Solution
By: Deepak Malhotra and Jeremy Ginges
The paper extends research on fixed-pie perceptions by suggesting that disputants may prefer proposals that are perceived to be equally attractive to both parties (i.e., balanced) rather than one-sided, because balanced agreements are seen as more likely to be...
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