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All HBS Web
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- Faculty Publications (170)
- Article
Why A Behavioral Theory of Labor Negotiations Remains a Triumph at Fifty but the Labels 'Distributive' and 'Integrative' Should Be Retired
Richard Walton and Robert McKersie's closeness to practice, disciplinary rigor, and successful search for powerful generalizations help explain the lasting impact of the Behavioral Theory of Labor Relations. Ironically, the names they chose for the fundamental...
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Sebenius, James K. "Why A Behavioral Theory of Labor Negotiations Remains a Triumph at Fifty but the Labels 'Distributive' and 'Integrative' Should Be Retired." Negotiation Journal 31, no. 4 (October 2015): 335–347.
- 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
Sebenius, James K., and Laurence A. Green. "Henry A. Kissinger as Negotiator: Background and Key Accomplishments." Harvard Business School Case 915-020, December 2014.
- 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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Keywords:
Kissinger;
Bargaining;
Diplomacy;
Multiparty Negotiations;
Dispute Resolution;
Mediation;
Coercive Diplomacy;
Negotiation;
International Relations;
Personal Development and Career;
United States
Sebenius, James K., Laurence A. Green, and Eugene B. Kogan. "Henry A. Kissinger as Negotiator: Background and Key Accomplishments." Harvard Business School Working Paper, No. 15-040, November 2014. (Revised December 2016.)
- 2014
- Working Paper
Handshaking Promotes Cooperative Dealmaking
By: Juliana Schroeder, Jane Risen, Francesca Gino and Michael I. Norton
Humans use subtle sources of information—like nonverbal behavior—to determine whether to act cooperatively or antagonistically when they negotiate. Handshakes are particularly consequential nonverbal gestures in negotiations because people feel comfortable initiating...
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Schroeder, Juliana, Jane Risen, Francesca Gino, and Michael I. Norton. "Handshaking Promotes Cooperative Dealmaking." Harvard Business School Working Paper, No. 14-117, May 2014.
- Article
Avoiding the Costs of Negotiation: A Commentary on "Is Unilateralism Always Bad?"
Why, if an outcome is in the interests of both sides, should it not be negotiated rather than unilaterally imposed? This comment offers additional reasons to prefer negotiation (beyond those adduced in the original article) over unilateral action, even where such...
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Sebenius, James K. Avoiding the Costs of Negotiation: A Commentary on "Is Unilateralism Always Bad?". Negotiation Journal 30, no. 2 (April 2014): 165–168.
- March 2014
- Technical Note
Performance and Value Analysis
This note introduces the Performance and Value Analysis (PVA) framework, an integrated framework to analyze strategic performance (i.e., performance corrected for temporary and random effects). This framework (quantitatively) decomposes a firm's performance into 3...
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Keywords:
Strategic Analysis;
Economic Analysis;
Sustainable Competitive Advantage;
Value Capture;
Strategy;
Competitive Advantage;
Strategic Planning;
Competitive Strategy;
Competency and Skills;
Competition;
Value Creation
Van den Steen, Eric. "Performance and Value Analysis." Harvard Business School Technical Note 714-490, March 2014.
- March 2014
- Technical Note
Drivers of Value Capture
This note introduces a framework for analyzing value capture (through bargaining and pricing) and bargaining advantage (or value capture advantage), i.e., a firm's (superior) ability to capture a share from the value it helps create.
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Van den Steen, Eric. "Drivers of Value Capture." Harvard Business School Technical Note 714-488, March 2014.
- 2014
- Working Paper
Better Deals Through Level II Strategies: Advance Your Interests by Helping to Solve Their Internal Problems
Many negotiators have constituencies that must formally or informally approve an agreement. Traditionally, it is the responsibility of each negotiator to manage the internal conflicts and constituencies on his or her own side. Far less familiar are the many valuable...
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Sebenius, James K. "Better Deals Through Level II Strategies: Advance Your Interests by Helping to Solve Their Internal Problems." Harvard Business School Working Paper, No. 14-091, March 2014.
- 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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Keywords:
Bargaining;
Conflict Resolution;
Disputes;
Mediation;
Dispute Resolution;
Governance;
History;
Negotiation;
Business and Government Relations;
Banking Industry;
Insurance Industry;
Switzerland;
Germany;
Austria;
France;
Israel
Sebenius, James K., and Laurence A. Green. "Rough Justice: Stuart Eizenstat and Holocaust-Era Asset Restitution (B)." Harvard Business School Supplement 914-026, December 2013.
- December 2013
- Case
Bruce Allyn: Negotiating with the KGB (A)
Isolated by the KGB in Moscow, Harvard graduate student Bruce Allyn faces high-pressure negotiation tactics to recruit him for the Soviet spy agency. At the tense height of the Cold War, with CIA agents systematically being exposed and executed in Russia, Allyn was...
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Keywords:
Negotiation;
Bargaining;
Hard Bargaining;
KGB;
Espionage;
Spying;
War;
National Security;
Alliances;
Ethics;
Negotiation Tactics;
Decision Choices and Conditions;
Negotiation Participants;
Negotiation Offer;
Cambridge;
Moscow;
Soviet Union
Sebenius, James K. "Bruce Allyn: Negotiating with the KGB (A)." Harvard Business School Case 914-027, December 2013.
- December 2013
- Supplement
Bruce Allyn: Negotiating with the KGB (B)
This case picks up (from the end of the "A" case) the detailed story of the KGB's high-pressure negotiations with Harvard doctoral student Bruce Allyn to recruit him as a secret asset for the Soviet spy agency. The "A" case describes how, at the tense height of the...
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Keywords:
Negotiation;
Bargaining;
Hard Bargaining;
KGB;
Espionage;
Spying;
War;
National Security;
Alliances;
Ethics;
Negotiation Tactics;
Decision Choices and Conditions;
Negotiation Participants;
Negotiation Offer;
Cambridge;
Moscow;
Soviet Union
Sebenius, James K. "Bruce Allyn: Negotiating with the KGB (B)." Harvard Business School Supplement 914-028, December 2013.
- 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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Keywords:
Dispute Resolution;
Corporate Campaign;
Negotiating Campaign;
Bargaining;
Health Care;
Hospitals;
Unions;
Health Care and Treatment;
Negotiation;
Strategy;
Negotiation Process;
Labor Unions;
Health Industry;
Boston
Sebenius, James K. "Paul Levy: Confronting a 'Corporate Campaign' (A)." Harvard Business School Case 914-020, December 2013. (Revised May 2021.)
- October 2013 (Revised August 2015)
- Case
Outotec (A): Project Capture
By: Robert J. Dolan and Doug J. Chung
Outotec was a market leader in providing mining solutions to large mining companies. The company’s specialization and proprietary technology created value for its customers and helped the firm differentiate from its competitors. Yet, Outotec was not pricing or...
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Keywords:
Value-based Pricing;
Bargaining Power Of Buyers;
Marketing;
Segmentation;
Price;
Policy;
Sales;
Management;
Value Creation;
Mining Industry
Dolan, Robert J., and Doug J. Chung. "Outotec (A): Project Capture." Harvard Business School Case 514-064, October 2013. (Revised August 2015.)
- October 2013 (Revised August 2015)
- Supplement
Outotec (B): Action Plan
By: Robert J. Dolan and Doug J. Chung
Outotec was a market leader in providing mining solutions to large mining companies. The company’s specialization and proprietary technology created value for its customers and helped the firm differentiate from its competitors. Yet, Outotec was not pricing or...
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Keywords:
Value-based Pricing;
Bargaining Power Of Buyers;
Marketing;
Segmentation;
Price;
Policy;
Sales;
Management;
Value Creation;
Mining Industry
Dolan, Robert J., and Doug J. Chung. "Outotec (B): Action Plan." Harvard Business School Supplement 514-065, October 2013. (Revised August 2015.)
- April 2013
- Article
What Roger Fisher Got Profoundly Right: Five Enduring Lessons for Negotiators
Roger Fisher, who died in 2012, enjoyed a remarkable career that modeled one way that an academic, especially in a professional school such as law or business, could make a significant, positive, and lasting difference in the world. Distinctive aspects of his career...
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Keywords:
Bargaining;
Conflict Resolution;
Dealmaking;
Negotiation;
Personal Development and Career;
Conflict and Resolution
Sebenius, James K. "What Roger Fisher Got Profoundly Right: Five Enduring Lessons for Negotiators." Negotiation Journal 29, no. 2 (April 2013): 159–169.
- February 2013
- Article
Learning from Roger Fisher
Roger Fisher's career and writings not only offer lessons about negotiation but also about how an academic, especially in a professional school such as law or business, can make an important, positive difference in the world. By his relentless engagement in vexing...
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Sebenius, James K. "Learning from Roger Fisher." Harvard Law Review 126, no. 4 (February 2013): 893–898.
- January 2013
- Article
Level Two Negotiations: Helping the Other Side Meet Its 'Behind-the-Table' Challenges
A long analytic tradition has explored the challenge of productively synchronizing "internal" with "external" negotiations, with a special focus on how each side can best manage internal opposition to agreements negotiated "at the table." Implicit in much of this work...
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Keywords:
James Baker;
Internal Negotiation;
Dispute Resolution;
Bargaining;
Two-level Games;
Negotiation;
Germany;
United States
Sebenius, James K. "Level Two Negotiations: Helping the Other Side Meet Its 'Behind-the-Table' Challenges." Negotiation Journal 29, no. 1 (January 2013): 7–21.
- January 2013
- Article
The Fog of Negotiation: What Negotiators Can Learn from Military Doctrine
On the surface, warfare and negotiation may seem to be polar opposites. The objective in war is to defeat the enemy. In negotiation, the goal is to find a solution that satisfies all the parties. Not surprisingly, little cross-learning and exchange has occurred across...
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Wheeler, Michael A. "The Fog of Negotiation: What Negotiators Can Learn from Military Doctrine." Negotiation Journal 29, no. 1 (January 2013): 23–38.
- January–February 2013
- Article
Will Our Partner Steal Our IP?
By: Willy C. Shih and Jyun-Cheng Wang
This fictionalized case looks at the spillover of intellectual property (IP) from a critical component supplier to an original equipment maker in the Chinese auto industry. What are the challenges to holding on to proprietary know-how when a customer wishes to use...
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Keywords:
Intellectual Property Management;
Intellectual Property;
Auto Industry;
Electronics Industry;
China;
Taiwan
Shih, Willy C., and Jyun-Cheng Wang. "Will Our Partner Steal Our IP?" Harvard Business Review 91, nos. 1/2 (January–February 2013): 137–139.
- November 2012
- Article
Are You Ready for the 'Hardest Question'?
Negotiation preparation entails assessing each side's interests and no-deal options, imagining possible agreements, factoring in personality and culture, thinking through moves and possible countermoves, and so forth. Yet standard preparation often neglects the...
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Sebenius, James K. "Are You Ready for the 'Hardest Question'?" Negotiation 15, no. 11 (November 2012): 4–5.