Ethics

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Many disputes involve real or perceived moral transgressions. Parties feel that another has done or is proposing something that not only conflicts with their interests, but also goes against what they feel is ethically correct. In some cases, parties have violated accepted ethical standards in society and the question becomes what to do about it. In other cases, parties have competing moral standards that are manifesting into disputes.

A variety of role-plays involving ethical issues are available through the Clearinghouse.  Juvenile Justice Restorative Circle is an exercise introducing one way in which ethical transgressions against a community may be resolved. A teenager caught shoplifting and the shop owner elect to give the restorative circle approach a try, engaging in the process with others, including a community member, the teenager’s parent and two co-mediators. In Springfield OutFest, Springfield Pride and Salvation Now! attempt to find a way to coexist when the former wants to protect their right to peacefully hold their event in celebration of lesbian, gay, bisexual and transgender identities while the latter feels they are morally wrong and wants to protect their right to free speech.

A variety of videos that address ethical issues in negotiation are available through the Clearinghouse. Part III of the Negotiation Pedagogy Video Series uses the Oil Pricing exercise, which is also available through the Clearinghouse, to illustrate a ‘social trap’ situation in which negotiators must decide whether or not to act selfishly and aggressively for short-term gain or take a risk and build trust for long-term mutual benefit. What’s Fair: Ethics for Negotiators is a book that reflects on the place of ethics in the negotiation process, including what counterparts should expect of each other and the notion of distributional fairness.

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Role Simulations

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

Sheila Heen and Douglas Stone

Two-party negotiation between a teaching fellow and a student about the student's grade on a paper exploring biographical and racial issues
Role Simulation

Robert C. Bordone and Jeremy McClane

Four-person integrative plea bargain negotiation between two prosecutors, a public defender, and an alleged rapist
Role Simulation

Bruce Patton

Two-party short awareness-building exercise in which student and professor meeting regarding problems arising from a borrowed manuscript and the student's research aspirations
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

Bruce Patton

Two-party, short awareness-building negotiation between a professor and a student over an assignment submitted late due to a death in the student's family
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
Role Simulation

Robert Bordone and Jonathan Cohen, adapted from PONS Negotiation by Nevan Elam and Whitney Fox

Four-person, two-party, two-round between a former couple and their lawyers regarding the knowing transmission of DONS, a fatal disease communicated through sexual intercourse
Role Simulation

Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown

5-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faith
Role Simulation

Eric Collins

Five-person, multi-issue negotiation among university administrators and student organizers over cost and arrangements for a controversial figure to speak on campus
Role Simulation

Michael Maturo, Kate Mahoney, Francisco Ingouville and Anthony Wanis St. John, under the direction of David Fairman

Six-person mediated negotiation among representatives of the Guatemalan government, military, rebel groups, indigenous people, and U.S. government to address post-armed-conflict human rights, land claims, and cultural and political rights issues
Role Simulation

Irma Tyler-Wood and Bruce Patton

Multi-party negotiation among hospital committee members over the allocation of scarce life-saving resources
Role Simulation

Ron Karp and Bruce Patton

Two-party conversation between an employee and his supervisor regarding the employee's recent poor job performance and potential termination
Role Simulation

John Perryman

A set of four simultaneous and potentially interactive multi-party negotiations among locally elected officials, industry representatives, and community leaders regarding a range of economic, educational, environmental, and social issues
Role Simulation

JAMS/ Endispute

Two-party negotiation between representatives of a company and an employee over the terms of termination and severance pay amid charges of past sexual harassment by the employee
Role Simulation

Allan Morgan and Lawrence Susskind

Six-party, four-issue negotiation among representatives of consumer groups, political leaders, and public utilities to develop a statewide energy assistance plan for low-income residents
Role Simulation

Bruce Patton

Two-party highly political negotiation between a lawyer for Nazi convention organizers and a town attorney a permit application for a Nazi Party parade in a Jewish neighborhood
Role Simulation

Lawrence Susskind and Bruce Patton

Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged
Role Simulation

Chris Jost, under the direction of David Fairman

Six-party negotiation among Hutu and Tutsi villagers regarding competing land claims and local authority issues in the wake of the Rwandan genocide
Role Simulation

Ron Karp and Bruce Patton

Two-party plea bargaining negotiation between a prosecutor and the court-appointed defender for a man accused of abusing his wife, who refuses to sign the complaint against him
Role Simulation

Jason Corburn and Lawrence Susskind

Six-party, multi-issue negotiation among community representatives, elected leaders, environmental and health experts, and asphalt company regarding siting of an asphalt plant in a racially mixed neighborhood
Role Simulation

Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown

This is a six-person, non-scorable negotiation simulation focused on mediating values-based legal disputes, specifically disputes involving conflicting views and values regarding homosexuality and religious faith.
Role Simulation

Michael Wheeler

Two-party, multi-issue negotiation between lawyers representing a divorcing couple regarding alimony and financial support for a special-needs child; involves ethical issues
Role Simulation

Dan Vogel, under the supervision of Robert Bordone

Four-person, three-issue, two-round between U.S. prosecutors, an executive charged with securities fraud, and defense counsel over the terms of a possible plea bargain; attorney-client interviews are followed by a plea bargain negotiation
Role Simulation

Douglas Stone

Two-party negotiation between a law firm partner and former associate regarding sexual harassment allegations
Role Simulation

Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown

5-person, non-scorable mediation between a school principal and a parent (with attorneys) regarding a values-based dispute over classroom discussions and materials addressing same-sex couples and their families
Role Simulation

Michael Wheeler

Four-person, simplified, iterated prisoner's dilemma exercise