Values-based / Identity-based Dispute Negotiation

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Values and identity-based disputes are particularly challenging, as identities are naturally inflexible and values are typically much less elastic than interest-based claims. In conventional interest-based negotiation, parties often can and do give up one thing in exchange for getting something they value more – this is often not possible in value-based or identity-based disputes. Furthermore, value and identity-based disputes are often riddled with emotions and histories of distrust and animosity. Parties are not just fighting for their interests, but for their core identities and rights.

Many negotiation professionals believe that value and identity-based disputes around such issues as ethnic tension post-civil war or the rights of minorities like gays and lesbians cannot be fully resolved via dispute resolution. Well-run processes can, however, greatly increase mutual understanding, build trust, and identify opportunities to enhance coexistence.

The Teaching Negotiation Resource Center (TNRC) offers a variety of role-play exercises that involve value- and identity-based disputes. In some cases, values and identities make conventional disputes around interests more difficult. For example, in the Beaumont Incinerator Exercise participants grapple with issues of environmental justice as they consider what is fair compensation for a community. In other cases, the dispute directly revolves around value or identity differences. For example, in Baker & Irwin v. Department Of Human Services participants debate whether or not a gay couple may act as foster parents. The TNRC also offers a variety of videos on values and identity-based disputes.

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Role Simulations

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
Taline Aharonian and Agieszka Klich
Complex 13-party, two-team facilitated negotiation between private citizens from both sides of an actual long-term ethnic conflict
Role Simulation
Law / Courts Negotiation Role-Play:

Baker & Irwin v. Department of Human Services

Bruce Deming
Two-party negotiation between attorneys for a state agency and a gay advocacy group regarding a state policy that led to the removal of two foster children from the home of a gay couple
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Binder KadeerConsultation in the Company

Lawrence Susskind, Deborah Kolb, Paddy Moore, Margaret Borne and Peter Shapiro
Three- or four-party consultation by one or two human resources representatives to manage an affirmative action complaint by an employee against his supervisor
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
Melissa Manwaring, under the direction of David Fairman and Stacie Nicole Smith
Six-party, multi-issue negotiation among governmental, organizational, and family stakeholders regarding the implementation of court-ordered racial integration measures in Boston public schools and possible improvements in education and community relations
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
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
Imam Soliman, under the direction of David Fairman
Seven-person, multi-issue facilitated negotiation among Israeli and Palestinian leaders in the West Bank city of Hebron to discuss land claims, security, and border control
Role Simulation
Community Dispute Negotiation Role-Play:

Homelessness in Niceville

Edward Scher and Lawrence Susskind
Six-person facilitated integrative negotiation among advocates for homeless people, community and business leaders, and a foundation regarding the allocation of a grant to alleviate local homelessness problems
Role Simulation
Jennie Hatch under the supervision of Lawrence Susskind
Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based energy development
Role Simulation
Jennie Hatch & Kessely Hong
A three-party employment negotiation involving a mid-career student negotiating two job offers via email at the same time.
Role Simulation
Rose Foley, under the direction of David Fairman and Laura Keane
Five-party, multi-issue, EU-mediated negotiation between representatives of Catholic and Protestant groups regarding a Protestant marching route through Catholic neighborhoods
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
Cross-Cultural Negotiation Role-Play:

Seoul Food in Urbana

David Eun and Bruce Patton
Three-person mediation involving representatives of local Korean and African-American communities over racial tensions arising from an alleged shoplifting incident; a city representative serves as the mediator
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
Values-based / Identity-based Dispute Negotiation Role-Play:

Values-Based Mediation Simulations

Three new role-play simulations focus on the mediation of values-based disputes. They are now available with Teaching Notes and an Annotated Bibliography from the Program on Negotiation Clearinghouse.
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
International Relations Negotiation Role-Play:

World Trade Center Redevelopment Negotiation

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

Books

original
Book

Daniel Bowling & David Hoffman

"Rich insights and diverse perspectives, valuable for novices and experienced practitioners alike." - William Ury
original
Book
By Susan L. Podziba. Civic fusion is when people bond to achieve a common public goal, even as they sustain deep value differences. This book offers proven strategies for moving polarized parties to consensus solutions based on the author's 25 years of mediation experience, including working with pro-life and pro-choice leaders after fatal shootings at women's health clinics, crane industry and union representatives to develop federal worker safety regulations, and citizens of a failed city that reclaimed their democracy by writing a consensus charter.
original
Book

Gary Friedman

Designed to help people who work with parties in conflict use their inner experiences for the benefit of their clients, this book challenges many of the conventions conflict-resolution professionals bring to this field. Rooted in self-awareness, this practical guide encourages us to work from the "inside out".
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.
original
Videos and Audio

Lawrence Susskind

A group of legal, business, and dispute resolution professionals negotiate a six-person, facilitated role simulation regarding the reconstruction of the World Trade Center site in New York City, following the 9/11/2001 terrorist attacks

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