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

Pat Aaron

Three-person small claims mediation between a homeowner and repair company regarding unfinished roof repair
Role Simulation

Denise Madigan

Three-party scoreable negotiation among three non-profit social service providers over whether to apply for funding in a consortium of two or three; variation of Three-Party Coalition Exercise
Role Simulation

Tracey Brenner, under the supervision of Lawrence Susskind

Two-team, six-party, four-issue negotiation between representatives of two corporations setting up a simultaneous high-tech joint venture and purchasing agreement
Role Simulation

Lawrence Susskind and James Lawrence

Five-party, multi-issue negotiation among representatives of a pharmaceutical company, a medical drug manufacturer, and three consumer organizations over the delayed release of a new drug
Role Simulation

Beth Doherty under the supervision of Lawrence Susskind

Two-party, two-issue, integrative, scoreable negotiation over the terms of a telecommunications services contract
Role Simulation

Michael Wheeler

Two-party integrative contract negotiation between a computer consultant and a school district representative at an apparent impasse over different expectations over cost of services
Role Simulation

Marjorie Corman Aaron and JAMS/ Endispute

Two-party integrative negotiation between a contractor and an airport client regarding the delayed installation of lighting fixtures
Role Simulation

Jake Erhard, under the supervision of Robert Bordone

Two-party integrative negotiation between agents for a basketball player and a shoe manufacturer over a possible sneaker endorsement deal
Role Simulation

Eric Gould and Michelle Easter

Two-party negotiation between a start-up company owner and a marketing firm over the potential sale of an internet domain name
Role Simulation

Marjorie Corman Aaron and JAMS/ Endispute

Three-person mediation between an architect and a real estate developer over responsibility and compensation for a major construction error
Role Simulation

Jonathan Raab, Sarah McKearnan, Jan Martinez, and Michele Ferenz

Four-party negotiation among a federal building manager, the building contracting officer, a local employment agency, and a nonprofit organization regarding the renewal of a janitorial services contract in the context of past service problems
Role Simulation

Lawrence Susskind, Katherine Harvey, David Kovick, F. Peter Phillips, Marc Wolinsky, Cathy Cronin Harris, and Simeon Baum

Six-person facilitated negotiation among representatives of the city, state, developer, insurer, and victims' families regarding the redevelopment of the World Trade Center site following the Sept. 11, 2001 terrorist attacks