Ethics Negotiation

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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 Teaching Negotiation Resource Center (TNRC).  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 TNRC. Part III of the Negotiation Pedagogy Video Series uses the Oil Pricing exercise, which is also available through the TNRC, 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
Business and Commercial Dispute Negotiation Role-Play:

Alplaus Supply Company

Duncan MacLaren
Two-party negotiation between a company field representative and a large corporate customer over a possible product return
Role Simulation
Ethics Negotiation Role-Play:

Biography, The

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
Ethics Negotiation Role-Play:

Commonwealth v. McGorty

Robert C. Bordone and Jeremy McClane
Four-person integrative plea bargain negotiation between two prosecutors, a public defender, and an alleged assailant
Role Simulation
Education Negotiation Role-Play:

Conference with a Professor

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
Business and Commercial Dispute Negotiation Role-Play:

Costless Warehouse

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
Education Negotiation Role-Play:

Death in the Family

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
Public Dispute Negotiation Role-Play:

Development Dispute at Menehune Bay

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
Ethics Negotiation Role-Play:

DONS Negotiation

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
Values-based / Identity-based Dispute Negotiation Role-Play:

Ellis v. MacroB

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
Education Negotiation Role-Play:

Farrakhan Negotiation, The

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
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Hospital Committee, The

Irma Tyler-Wood and Bruce Patton
Multi-party negotiation among hospital committee members over the allocation of scarce life-saving resources
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Jerry

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
International Relations Negotiation Role-Play:

Marsh County Case

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
International Relations Negotiation Role-Play:

Matter of Arthur Hangtough

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
International Relations Negotiation Role-Play:

Monroe Energy Assistance Game I

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
International Relations Negotiation Role-Play:

Nazi Party of America v. Town of Hokey

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
Community Dispute Negotiation Role-Play:

Neighborhood Care, Inc.

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
Family Negotiation Role-Play:

People v. Malvenue

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
Environment and Sustainability Negotiation Role-Play:

Siting an Asphalt Plant in the City of Madrona

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
Values-based / Identity-based Dispute Negotiation Role-Play:

Springfield OutFest

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
Family Negotiation Role-Play:

Trask Divorce

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
Law / Courts Negotiation Role-Play:

United States v. Dunlop

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
Gender Negotiation Role-Play:

Weathers and Evans

Douglas Stone
Two-party negotiation between a law firm partner and former associate regarding sexual harassment allegations
Role Simulation
Values-based / Identity-based Dispute Negotiation Role-Play:

Williams v. Northville

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
Game Theory and Negotiation Analytics Role-Play:

Win as Much as You Can

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

Books

original
Book
Blind Spots examines the ways we overestimate our ability to do what is right and how we act unethically without meaning to. This book suggests innovative individual and group tactics for improving human judgment.
original
Book

Daniel Bowling & David Hoffman

"Rich insights and diverse perspectives, valuable for novices and experienced practitioners alike." - William Ury
original
Book

David Hoffman

A mediator's quintessential one-stop guide for tested techniques and sources.
original
Book

Iris Bohnet

A "game-changer" that demonstrates how research is addressing gender bias, improving lives and performance.

Video and Audio

Videos and Audio
Produced by Larry Susskind and Warren Dent
The Program On Negotiation at Harvard Law School invited three members of its highly experienced negotiation faculty to share stories about how they have adapted their teaching strategies in various cross-cultural contexts.
Videos and Audio

Lawrence Susskind

An educational video for mediators or mediation students regarding mediator responsibility when parties have unequal knowledge, skills or power

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