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      • Faculty Publications  (214)

      Negotiation Process Remove Negotiation Process →

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      • January–February 2023
      • Article

      Russia and Ukraine Are Not Ready for Talks: But They Might Get There If Ukraine Keeps Winning

      By: James K. Sebenius and Michael Singh
      While there are many calls for negotiation between Ukraine and Russia to end their war, there does now (early 2023) not appear to be a zone of possible agreement (ZOPA), since each side's best no-agreement option ("BATNA") likely appears superior to any mutually...  View Details
      Keywords: Negotiation; Diplomacy; War; Agreements; Ukraine; Ukraine
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      Sebenius, James K., and Michael Singh. "Russia and Ukraine Are Not Ready for Talks: But They Might Get There If Ukraine Keeps Winning." Foreign Affairs 102, no. 1 (January–February 2023).
      • 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...  View Details
      Keywords: Conflict; Peace Process; Dispute Resolution; Protracted Conflicts; Peacemaking; Civil War; Negotiation; Leadership; Conflict and Resolution; Government Administration; Colombia
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      Malhotra, Deepak, and Cody Smith. "Negotiating Peace in Colombia." Harvard Business School Case 923-006, August 2022.
      • December 2021
      • Case

      Slice Labs: Creating a Fraud-free Online Insurance Platform

      By: Amit Goldenberg, Max Bazerman and Ruth Page
      "Slice Labs: Creating a Fraud-Free Online Insurance Platform" engages students with the challenge of how to influence other parties to not engage in fraud in the context of digital insurance. The case is centered around Slice, a digital insurance company that was...  View Details
      Keywords: Technology; Insurance; Digitization; Honesty; Negotiation; Fraud; Ethics; Negotiation Process; Negotiation Tactics; Negotiation Types; Social Psychology; Conflict and Resolution; Trust; Fairness; Moral Sensibility; Values and Beliefs; Crime and Corruption; Insurance Industry; Technology Industry; United States; Canada
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      Goldenberg, Amit, Max Bazerman, and Ruth Page. "Slice Labs: Creating a Fraud-free Online Insurance Platform." Harvard Business School Multimedia/Video Case 921-712, December 2021.
      • July 2021
      • Teaching Note

      The Carlyle Group: Carving Out Atotech

      By: Rosabeth Moss Kanter
      Teaching Note for HBS Case No. 321-153. On January 31, 2017, The Carlyle Group ("Carlyle") closed its $3.2 billion acquisition of Atotech, an international Specialty Chemicals and Equipment company. In Carlyle's Washington, DC headquarters, the US-based deal...  View Details
      Keywords: Oil & Gas; Deal; International Acquisition; International; Acquisition; Negotiation; Negotiation Deal; Transformation; Chemicals; Markets; Bids and Bidding; Globalized Markets and Industries; Standards; Chemical Industry; United States; Europe; Asia; Germany
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      Kanter, Rosabeth Moss. "The Carlyle Group: Carving Out Atotech." Harvard Business School Teaching Note 322-022, July 2021.
      • April 2021 (Revised December 2021)
      • Case

      The Carlyle Group: Carving Out Atotech

      By: Rosabeth Moss Kanter
      On January 31, 2017, The Carlyle Group ("Carlyle") closed its $3.2 billion acquisition of Atotech, an international Specialty Chemicals and Equipment company. In Carlyle's Washington, DC headquarters, the US-based deal team—Martin Sumner, Greg Nikodem, Tanaka Maswoswe...  View Details
      Keywords: Oil & Gas; Deal; International Acquisition; International; Acquisition; Negotiation Deal; Transformation; Chemicals; Chemical Industry; United States; Europe; Asia; Germany
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      Kanter, Rosabeth Moss. "The Carlyle Group: Carving Out Atotech." Harvard Business School Case 321-153, April 2021. (Revised December 2021.)
      • April 2021 (Revised April 2021)
      • Case

      Project Restart: Deciding the Future of English Football

      By: Nour Kteily and Deepak Malhotra
      In March 2020, the English Premier League football (soccer) season was suspended partway through due to the COVID-19 pandemic. Two months later the season remained in limbo, with a looming deadline to decide whether to attempt to complete the season or curtail it—and...  View Details
      Keywords: COVID-19 Pandemic; Sports; Health Pandemics; Decision Making; Fairness; Values and Beliefs; Business and Stakeholder Relations; Motivation and Incentives; Outcome or Result; Perception; Negotiation; Sports Industry; United Kingdom
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      Kteily, Nour, and Deepak Malhotra. "Project Restart: Deciding the Future of English Football." Harvard Business School Case 921-050, April 2021. (Revised April 2021.)
      • March 2021
      • Article

      The Impact of the General Data Protection Regulation on Internet Interconnection

      By: Ran Zhuo, Bradley Huffaker, KC Claffy and Shane Greenstein
      The Internet comprises thousands of independently operated networks, where bilaterally negotiated interconnection agreements determine the flow of data between networks. The European Union’s General Data Protection Regulation (GDPR) imposes strict restrictions on...  View Details
      Keywords: Personal Data; Privacy Regulation; GDPR; Interconnection Agreements; Internet and the Web; Governing Rules, Regulations, and Reforms
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      Zhuo, Ran, Bradley Huffaker, KC Claffy, and Shane Greenstein. "The Impact of the General Data Protection Regulation on Internet Interconnection." Telecommunications Policy 45, no. 2 (March 2021).
      • January 2021 (Revised March 2021)
      • Case

      Juno (A): Leveraging Student Power

      By: Joshua Schwartzstein, Kathleen L. McGinn and Amy Klopfenstein
      In March 2020, Chris Abkarians and Nikhil Agarwal were in the midst of preparing the annual auction for their student loan assistance startup, Juno. Both current MBA students at Harvard Business School, the duo founded Juno in 2018 to leverage student bargaining power...  View Details
      Keywords: Decision Making; Decision Choices and Conditions; Decisions; Cost vs Benefits; Education; Higher Education; Finance; Borrowing and Debt; Strategy; Adaptation; Alignment; Negotiation; Agreements and Arrangements; Negotiation Participants; Negotiation Process; Negotiation Tactics; Negotiation Deal; Negotiation Offer; Negotiation Types; Financial Services Industry; Education Industry; North and Central America; United States; Massachusetts; Boston
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      Schwartzstein, Joshua, Kathleen L. McGinn, and Amy Klopfenstein. "Juno (A): Leveraging Student Power." Harvard Business School Case 921-032, January 2021. (Revised March 2021.)
      • January 2021 (Revised March 2021)
      • Supplement

      Juno (B): Leveraging Student Power

      By: Joshua Schwartzstein, Kathleen L. McGinn and Amy Klopfenstein
      In March 2020, Juno co-founders Chris Abkarians and Nikhil Agarwal decided to pitch banks in anticipation of their annual auction while negotiating directly with private lender Eager. Responses from the majority of private lenders—including Juno’s 2019 partner—were not...  View Details
      Keywords: Decision Making; Decision Choices and Conditions; Decisions; Cost vs Benefits; Judgments; Education; Higher Education; Finance; Borrowing and Debt; Strategy; Adaptation; Alignment; Negotiation; Negotiation Deal; Negotiation Offer; Negotiation Participants; Negotiation Process; Negotiation Types; Financial Services Industry; Education Industry; North and Central America; United States; Massachusetts; Boston
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      Schwartzstein, Joshua, Kathleen L. McGinn, and Amy Klopfenstein. "Juno (B): Leveraging Student Power." Harvard Business School Supplement 921-033, January 2021. (Revised March 2021.)
      • January 2021 (Revised March 2021)
      • Supplement

      Juno (C): Leveraging Student Power

      By: Joshua Schwartzstein, Kathleen L. McGinn and Amy Klopfenstein
      In May 2020, Juno co-founders Chris Abkarians and Nikhil Agarwal decided to hold the annual auction for their student loan assistance startup. Five lenders submitted bids, and the co-founders ultimately opted to select Eager Bank as their partner for the 2020-2021...  View Details
      Keywords: Decision Making; Decision Choices and Conditions; Decisions; Cost vs Benefits; Judgments; Education; Higher Education; Finance; Borrowing and Debt; Strategy; Adaptation; Alignment; Negotiation; Agreements and Arrangements; Negotiation Deal; Negotiation Offer; Negotiation Participants; Negotiation Process; Negotiation Tactics; Negotiation Types; Financial Services Industry; Education Industry; North and Central America; United States; Massachusetts; Boston
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      Schwartzstein, Joshua, Kathleen L. McGinn, and Amy Klopfenstein. "Juno (C): Leveraging Student Power." Harvard Business School Supplement 921-034, January 2021. (Revised March 2021.)
      • January 2021 (Revised June 2021)
      • Case

      Hester Pharmaceuticals (A): A Pricing Dilemma

      By: Dante Roscini and John Masko
      In August 2019, the leadership of Hester Pharmaceuticals (Hester) had a problem. Italy promised to be a key market for their new breakthrough oncology drug Akrozumab, but for almost two years, its single-payer healthcare system had been unable to agree with Hester on a...  View Details
      Keywords: Macroeconomics; Trade; Price; Global Range; Global Strategy; Globalized Markets and Industries; Health Care and Treatment; Patents; Monopoly; Negotiation; Business and Government Relations; Risk and Uncertainty; Human Needs; Business Strategy; Commercialization; Pharmaceutical Industry; Italy
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      Roscini, Dante, and John Masko. "Hester Pharmaceuticals (A): A Pricing Dilemma." Harvard Business School Case 721-001, January 2021. (Revised June 2021.)
      • Fall 2020
      • Article

      Christo and Jeanne‐Claude: The Negotiation of Art and Vice Versa

      By: Michael A. Wheeler
      Over the past two decades the Program on Negotiation at Harvard Law School (PON) has named thirteen people as Great Negotiators. The project, directed by my colleague Jim Sebenius, has given us the opportunity to commend our honorees’ outstanding work and to learn from...  View Details
      Keywords: Art; Negotiation; Arts
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      Wheeler, Michael A. "Christo and Jeanne‐Claude: The Negotiation of Art and Vice Versa." Negotiation Journal 36, no. 4 (Fall 2020): 471–487.
      • June 2020
      • Case

      TransDigm: The Acquisition of Aerosonic Corp.

      By: Benjamin C. Esty and Daniel W. Fisher
      In April 2013, TransDigm, a company that manufactured a wide range of highly engineered aerospace parts for both military and commercial aircraft, announced an agreement to acquire Aerosonic Corporation for $39 million in cash (1.2 times Aerosonic’s sales of $31...  View Details
      Keywords: Mergers and Acquisitions; Growth Management; Business Strategy; Competitive Strategy; Value Creation; Valuation; Negotiation; Cash Flow; Contracts; Aerospace Industry; Air Transportation Industry; United States
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      Esty, Benjamin C., and Daniel W. Fisher. "TransDigm: The Acquisition of Aerosonic Corp." Harvard Business School Case 720-480, June 2020.
      • June 2020 (Revised March 2020)
      • Case

      Social Salary Setting at Spiber

      By: Ashley Whillans and John Beshears
      Can a “set your own salary” system boost employee happiness and motivation? Spiber made synthetic silk built from proteins mimicking the proteins found in spider silk, the world’s toughest known material by weight. Kazuhide Sekiyama and Junichi Sugahara established...  View Details
      Keywords: Compensation and Benefits; Motivation and Incentives; Happiness; Negotiation Tactics; Cross-Cultural and Cross-Border Issues; Biotechnology Industry; Japan; United States
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      Whillans, Ashley, and John Beshears. "Social Salary Setting at Spiber." Harvard Business School Case 920-050, June 2020. (Revised March 2020.)
      • May 2020
      • Teaching Note

      Talismark

      By: Richard S. Ruback, Royce Yudkoff and Ahron Rosenfeld
      Teaching Note for HBS Case No. 211-097. Talismark negotiated waste hauling contracts for small and medium size companies. Its owners, Charles Muszynski and Marshall Staiman, were able to grow the business by more than 30% per year since it was founded, but believed...  View Details
      Keywords: Small Business; Small Business Administration; Infrastructure; Restructuring; Business Processes; Information Management; Sales; Organizational Change and Adaptation; Wastes and Waste Processing
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      Ruback, Richard S., Royce Yudkoff, and Ahron Rosenfeld. "Talismark." Harvard Business School Teaching Note 220-092, May 2020.
      • 2020
      • Chapter

      The Relational Roles of Brands

      By: Jill Avery
      In contemporary culture, brands play important relational roles, linking consumers to others and serving as relational partners. This chapter provides an understanding of the relational roles of brands to illuminate why and how consumers connect with brands and how...  View Details
      Keywords: Customer Relationship Management; Customer Focus and Relationships; Customers; Brands and Branding; Marketing Strategy; Marketing
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      Avery, Jill. "The Relational Roles of Brands." Chap. 8 in Marketing Management: A Cultural Perspective. 2nd edition, edited by Luca M. Visconti, Lisa Penaloza, and Nil Toulouse, 121–137. Routledge, 2020.
      • 2019
      • Article

      Go-Shops Revisited

      By: Guhan Subramanian and Annie Zhao
      A go-shop process turns the traditional M&A deal process on its head: rather than a pre-signing market canvass followed by a post-signing “no shop” period, a go-shop deal involves a limited pre-signing market check, followed by a post-signing “go shop” process to find...  View Details
      Keywords: Go-shop Process; Mergers and Acquisitions; Negotiation Process; Negotiation Deal; Performance Effectiveness; Technological Innovation
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      Subramanian, Guhan, and Annie Zhao. "Go-Shops Revisited." Harvard Law Review 133, no. 4 (February 2020): 1216–1279.
      • February 2020 (Revised January 2022)
      • Case

      Getting Brexit Done

      By: Alberto Cavallo
      In the early hours of Friday, December 13, 2019, a triumphant Boris Johnson, the UK Prime Minister, stood in front of his supporters and declared, “We did it – we pulled it off, didn’t we? We broke the deadlock, [. . .] we smashed the roadblock. [. . .] This election...  View Details
      Keywords: Economic Integration; Brexit; Economics; Trade; Political Elections; Government Administration; Policy; Negotiation; Globalized Economies and Regions; Problems and Challenges; European Union; Europe
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      Cavallo, Alberto. "Getting Brexit Done." Harvard Business School Case 720-023, February 2020. (Revised January 2022.)
      • December 2019
      • Article

      Communicating with Warmth in Distributive Negotiations Is Surprisingly Counterproductive

      By: M. Jeong, J. Minson, M. Yeomans and F. Gino
      When entering into a negotiation, individuals have the choice to enact a variety of communication styles. We test the differential impact of being “warm and friendly” versus “tough and firm” in a distributive negotiation, when first offers are held constant and...  View Details
      Keywords: Negotiation Style; Communication Strategy; Perception; Performance Effectiveness; Outcome or Result
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      Jeong, M., J. Minson, M. Yeomans, and F. Gino. "Communicating with Warmth in Distributive Negotiations Is Surprisingly Counterproductive." Management Science 65, no. 12 (December 2019): 5813–5837.
      • 2019
      • Working Paper

      The Impact of the General Data Protection Regulation on Internet Interconnection

      By: Ran Zhuo, Bradley Huffaker, KC Claffy and Shane Greenstein
      The Internet comprises thousands of independently operated networks, where bilaterally negotiated interconnection agreements determine the flow of data between networks. The European Union’s General Data Protection Regulation (GDPR) imposes strict restrictions on...  View Details
      Keywords: Personal Data; Privacy Regulation; GDPR; Interconnection Agreements; Internet and the Web; Governing Rules, Regulations, and Reforms; European Union
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      Zhuo, Ran, Bradley Huffaker, KC Claffy, and Shane Greenstein. "The Impact of the General Data Protection Regulation on Internet Interconnection." NBER Working Paper Series, No. 26481, November 2019.
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