Business and Commercial Disputes

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A wide variety of negotiations take place in the private sector or involve commercial enterprises. These range from relatively straightforward but high stakes contract negotiations between suppliers and distributors to complex multiparty negotiations between government, industry and other interest groups after environmental disasters. By honing their skills and more effectively engaging in negotiations, firms can positively influence their bottom lines. Likewise, government officials and other stakeholders will do better if they understand how to negotiate when private firms are involved.

The range of role-play exercises available through the Clearinghouse reflects the full breadth and depth of business and commercial negotiations. In Terminal Lighting Problems a contractor and Airport Authority engineer meet to negotiate a solution to a delay in the arrival of light fixtures. In GE International Contract, a senior manager and computer consulting company attempt to reach agreement on the price of a project and salvage a deal. Commercial negotiations do not always involve large firms. In 67 Fish Pond Lane, a homeowner and potential buyer attempt to reach an amicable agreement on the sale of the house. Harborco is an example of a multiparty exercise involving both the private and public sectors. The governor and representatives of five stakeholder groups, including other ports, the Environmental League and unions, must negotiate whether or not and under what conditions a consortium may build a new port.

Several videos on negotiating business and commercial disputes are also available through the Clearinghouse. Some, like The HackerStar Negotiation, depict simulated negotiations. Others, like those in the Negotiation Pedagogy Video Series are presentations by respected experts in the field. Books available through the Clearinghouse range from management guidebooks like Built to Win: Creating a World-Class Negotiating Organization to broader commentaries like The Mutual Gains Enterprise.

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Role Simulations

Role Simulation

Elizabeth Gray, Mark Gordon and Bruce Patton

Two-party distributive and potentially integrative negotiation between principals over the sale of a house
Role Simulation

Lawrence Susskind

Six-party, multi-issue contract negotiation between management and union members of a publishing firm
Role Simulation

Nicholas Sabin

Two-party term sheet negotiation between a venture capitalist and the founder of an aerospace start-up company in which participants are scored both on their substantive performance and on the other party's perception of the relationship
Role Simulation

The Consensus Building Institute

Six-party nonscorable negotiation among nonprofit, business, and community representatives regarding the most appropriate methods for fund raising and distributions
Role Simulation

Duncan MacLaren

Two-party negotiation between a company field representative and a large corporate customer over a possible product return
Role Simulation

Consensus Building Institute and Alberta Environmental Appeal Board

Mediation of a three-party dispute among a paper mill, a community group, and an environmental regulatory agency over the paper mill's air pollution permit
Role Simulation
Role Simulation

Michael Wheeler and Lawrence Susskind

Two-party, single-issue distributive negotiation between principals regarding a potential real estate sale
Role Simulation

Anita Ramasastry and Erin Monaghan

Two-party negotiation between attorneys for a male executive and a recently terminated female employee regarding allegations of sexual harassment and gender discrimination
Role Simulation

Dan Vogel, under the supervision of Robert Bordone and Gillien Todd

Role Simulation

James Emerson with Ben Longoria, under the supervision of Professors Robert Mnookin and Lawrence Susskind

This exercise is a six-party simulation of multiparty negotiations in a bankruptcy (reorganization) and mass torts context. The simulation represents a ...
Role Simulation

Roger Fisher and Bruce Patton

Two-party distributive negotiation over the sale of a rare automobile
Role Simulation

Kelly Davenport, Pat Field and Lawrence Susskind

Two-party, two-issue integrative negotiation between representatives of a construction company and a Native American group regarding allocation of construction jobs
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Bruce Patton

Two-party, single-issue negotiation between a customer and a department store clerk about the return of a defective blender
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Paddy Moore, Hal Movius, and Lawrence Susskind

Five-party, four-issue internal negotiation among employees of a major engine manufacturer to agree on procurement guidelines in preparation for external negotiations with suppliers
Role Simulation

Catherine Preston and Lawrence Susskind

Five-issue negotiation between three factory representatives and three Federal Environmental Agency representatives over the factory's new operational agreement, in the context of harsh public criticism of both parties
Role Simulation

Michael Wheeler

Two-party, single-issue distributive negotiation between a publisher and a literary agent over the advance payment for the agent's unpublished but very promising client
Role Simulation

Michael Wheeler

Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues
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Ron Karp, David Gold and Mox Tan

Two-party, multi-issue real estate negotiation between representatives for a buyer and seller, where BATNAs are important
Role Simulation

Mark Gordon, Elizabeth Gray, and Bruce Patton

Three-party, multi-issue internal corporate negotiation in preparation for external negotiation with community representatives
Role Simulation

Robyn Cali and Robert C. Bordone

Two-party, multi-issue, potentially integrative settlement negotiation between lawyers for a large entertainment conglomerate and its wholly-owned film production company over the rights to a new documentary film and the clients' future relationship
Role Simulation

Michael Wheeler

Two-party real estate negotiation between a developer and a representative of the owner of a parcel surrounded by the developer's land, over the future of both parcels
Role Simulation

Holly Goo and Lawrence Susskind

Six-party, three-issue negotiation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river
Role Simulation

Holly Goo and Lawrence Susskind

Seven-person, three-issue mediation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river
Role Simulation

Sheila Heen, Scott Peppet and John Richardson

Two-party intra-organizational discussion between a newly-promoted manager and her division vice-president over work performance, responsibility for a new computer game project, and office environment issues
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Wendy Pabich and Lawrence Susskind

Six-person, five-issue negotiation between three industrial factory representatives and three environmental agency representatives over environmental and economic concerns in the wake of damaging negative publicity for both parties
Role Simulation

Bruce Patton and Mark Gordon

Six-party, multi-issue, intra-group negotiation among neighbors in preparation for an external negotiation regarding a local construction project
Role Simulation

Thomas Wiegand

Multi-party, multi-issue negotiation between 3-4 construction company representatives and 5-6 neighborhood representatives over safety and nuisance complaints regarding a local construction project; internal team meetings precede external negotiations
Role Simulation

Deborah Kolb and Michael Wheeler

Two-party negotiation between a company's chief financial officer and the head of the human resources department regarding the budget for the department's reorganization
Role Simulation

Harvard Negotiation Project and Hastings College of Law

Two-party distributive negotiation between counsel for an insurance company and the insured regarding a disability benefits settlement
Role Simulation

Lawrence Susskind, Charles Hecksher, and Elaine Landry

Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a telephone company; includes an internal team meeting before external negotiations
Role Simulation

Lawrence Susskind and Charles Hecksher

Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a major airline; includes an internal team meeting before external negotiations
Role Simulation

Deborah Kolb

Two-party, multi-issue integrative negotiation between a corporate VP and a prospective employee over salary and other terms of hire
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Paddy Moore, Hal Movius, and Lawrence Susskind

Five-party, four-issue negotiation among managers at an aircraft engine company with the goal of improving quality and operations processes
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Lawrence Susskind

Ten-party, multi-issue chaired policy dialogue among government, environmental, and industry representatives in the fictional nation of Sweland over reform of the country's waste policies, in effort to gain membership in the "European Trade Area"
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Bruce Patton

Six-person, multi-issue mediation between two construction company representatives and two neighborhood residents over a construction project's safety and noise issues; mediated by two representatives of the bank financing the construction
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Lawrence Susskind

Nine-party, multi-issue contract negotiation among three coalitions involved in the building trades; includes internal coalition meetings before the external negotiations
Role Simulation

Joe Voyticky

Four- or five-person negotiation to settle an employee's claim of discriminatory firing and employer's claim of illegal conduct; negotiators represent each party, with optional fifth role who knows confidential details of each party's case
Role Simulation

David Lax, James Sebenius, Lawrence Susskind, and Thomas Weeks

Two-party, multi-issue, scoreable negotiation between a manufacturer and a state environmental agency to reach a settlement over the manufacturer's pollution of a local river
Role Simulation

Ron Karp and Bruce Patton

Three-person distributive exercise consisting of two separate two-party negotiations between the representative of an estate and two separate coin dealers over the price of a silver coin collection large enough to affect the silver market
Role Simulation

Lawrence Susskind, Thomas Dinell, and Vicki Shook

Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii
Role Simulation

John Forester

Two-party, three-issue, scoreable negotiation between a developer and a city planner over the design, process, and affordability of a proposed housing development
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Rafael Montalvo and Bruce Stiftel

Two-party distributive negotiation between a developer and a city representative over the amount of money the developer will pay the city to defray costs associated with development
Role Simulation

Lawrence Susskind

Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product
Role Simulation

Jeffrey Litwak and Lawrence Susskind

Six-person, multi-issue facilitated negotiation among industry, environmental, consumer/community, labor, and government representatives to develop single-text regulation of toxic industrial by-product
Role Simulation

Lawrence Bacow

Two-party negotiation between a shopping center developer and a prospective anchor tenant over the terms of the proposed lease's "use, assignment, and subletting" clause
Role Simulation

Bruce Patton (adapted by Sheila Heen)

Four-party, two-stage negotiation between an auto mechanic and a client and their respective attorneys over a disputed repair bill; first stage involves lawyer-client interviews and second stage involves negotiation
Role Simulation

Bruce Patton

Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill
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Jeremy Bird under the supervision of Melissa Manwaring

Two-party integrative e-mail negotiation between a soccer star and her long-term representative over the terms of a potential new agency contract
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Jeffrey Litwak and Lawrence Susskind

Six-party negotiation among lending institution representatives, community leaders, a contractors' association, and the mayor's office to develop a public relations strategy and solutions to a foreclosure crisis caused by a widespread mortgage scam