Values-based/Identity-based Disputes

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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 Clearinghouse 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 Clearinghouse also offers a variety of videos on values and identity-based disputes.

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Role Simulations

Role Simulation

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

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

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

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

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

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

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

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

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

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

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

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
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

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

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
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.

Video and Audio

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