67 Fish Pond Lane

SCENARIO:

67 Fish Pond Lane in Cambridge, MA was purchased five years ago for $95,000 by two lawyers. Since then, its value has at least doubled. The owners, expecting to stay for some time, kept the house in excellent condition and added several unique features, including an elegant high-tech aviary for exotic birds. The owners recently moved to California, however, and the house has been on the market for a month. Two graduating business school students are interested in purchasing the house. One or both of them plan to meet with one or both of the owners while the latter are in town for a few days to see if a sale can be arranged.

MECHANICS:

The exercise is a little more natural as a one-on-one negotiation with absent partners, but two-on-two negotiations also work and provide some interesting team dynamics. All instructions are neutral as to sex and marital status.

TEACHING MATERIALS:

For all parties:

  • Map

 

Role specific:
Confidential Instructions for:

  • Buyer(s)
  • Seller(s)

 

Teacher’s Package:

  • All of the above
  • Teaching note

 

MAJOR LESSONS:

  • This exercise usually generates difficult negotiations. In this familiar context the stakes seem large, and while there are many objective criteria on point, they are neither fully consistent nor determinative. The tendency to haggle is strong, and a variety of bargaining tactics can be used. Review can explore which tactics were effective under what circumstances, and why.
  • Many important concerns and legitimate criteria in the case are intangible and/or difficult to measure. This raises the question of how arguments can persuasively be turned into numbers.
  • The exercise is a good one for focusing closely on what specific events cause parties to change their offers, and what brings them to the point of closing the deal.
  • A discussion of deadlines, their effects and how to create them, is usually appropriate.
  • Comparison of results also raises questions about what techniques, attitudes and tactics produce more competition and/or animosity? How does amicability correlate with pareto optimality of results?
  • A variety of questions are raised concerning the concept of BATNA. How does a party’s perception of its BATNA affect conduct in the negotiation? How should it? How can BATNAs be improved? When is it ethical to try to change the other side’s BATNA for the worse? When not? What are some ways of doing that?
  • This exercise also facilitates a rich post-mortem consideration of how the parties might have prepared better.

 

PROCESS THEMES:

Anchoring; BATNA; Bluffing; Closure; Commitment; Fairness; Information exchange; Interests, dovetailing; Interests, quantifying; Joint gains; Legitimacy; Misrepresentation; Objective criteria; Offers, first; Reservation price; Systems of negotiation

A Conversation with the Founders

The Program on Negotiation (PON) is the world's first teaching and research center dedicated to negotiation, and its founders are among the true pioneers in the field. On April 8, 2003, seven of these founders gathered to reflect on PON's beginnings in the early 1980s, and on their own journeys as leaders in the field that they helped to create. This 30-minute video is an edited version of their two-hour discussion.

Looking back twenty years were:

  • Roger D. Fisher, Williston Professor of Law Emeritus at Harvard Law School, Director of the Harvard Negotiation Project, and the first Chair of PON's Steering Committee
  • Bruce M. Patton, Deputy Director of the Harvard Negotiation Project and a founding partner of Vantage Partners, LLC
  • Howard Raiffa, Frank D. Ramsey Professor Emeritus of Managerial Economics and Harvard Business School and the Kennedy School of Government, and Director Emeritus of the Negotiation Roundtable
  • Frank E. A. Sandler, Bussey Professor of Law at Harvard Law SChool and co-Director of the Dispute Resolution Program
  • James K. Sebenius, Gordon Donaldson Professor of Business Administration at Harvard Business School and Director of the Negotiation Roundtable
  • Lawrence K. Susskind, Ford Professor of Urban and Environmental Planning at MIT, founder and President of the Consensus Building Institute, and Director of the MIT-Harvard Public Disputes Program
  • William L. Ury, independent consultant and Director fo the Global Negotiation Project

 

Run time: 30 minutes

Ad Sales, Inc.

SCENARIO:

Ad Sales, Inc., a firm that sells advertising space in business publications, has a new management team that will negotiate its first contract with the union representing its employees. Tension has been building, and both sides have been maneuvering for strategic advantage. Some issues to be addressed are salary, vacation time, pensions, sub-contracting, compensation, and work assignments.

 

MECHANICS:

The two teams will meet separately for an hour to discuss their strategies and objectives. Then the two teams will meet and negotiate for two hours. The threat of a strike is motivation for progress in the negotiations.

 

TEACHING MATERIALS:

For all parties:

  • General Information
  • Supplementary Information and Stated Positions

 

Role Specific:

Confidential Instructions for:

  • Lawyer on Management Team
  • Regional Sales Manager
  • Vice President for Sales
  • Vice President of AFL-CIO Local 1502
  • Representative of the International Advertising Workers Federation
  • President of Local 1502
  • Supplementary Instructions for all of the above roles

 

Teacher's Package (24 pages total):

  • All of the above

 

MAJOR LESSONS:

  • Interval team conflicts must be ironed out before union-management negotiation can proceed smoothly.
  • This case encourages parties to trade across issues and within issues. Players must decide what their BATNA's are and the differences in values of issues will determine the amount of trading.
  • This is a good exercise for people in actual contract negotiations.
  • This game allows the players to explore the influence of threats and promises on the behavior of other parties. These must be handled carefully.
  • The problems of power imbalance, typical of employee relations, are highlighted. This is probably a good case for a mutual gains approach, but useful objective criteria may be hard to come by.

 

SIMILAR SIMULATIONS:

 

PROCESS THEMES:

Agenda Control; Anchoring; BATNA; Bluffing; Caucusing; Coalitions; Communication; Consensus Building; Currently perceived choice analysis; Drafting; Emotions; Fairness; Financial analysis; Interest analysis; Interests, quantifying; Joint gains; meaning of "success"; Offers, first; Partisan perceptions; Precedents; Pressure tactics; Risk perception; Threats

Advice for Peace: Ending Civil War in Colombia

(This video has been made freely available by the Program on Negotiation for educators and diplomats to learn about using a team of negotiation experts to bring about peace.)

The civil war in Colombia lasted 52 years, taking the lives of at least 220,000 people and displacing up to seven million civilians. In 2012, Colombian President Juan Manuel Santos initiated peace process negotiations with the FARC guerrillas that resulted in an historic agreement in 2016, ending the last major war in the hemisphere. Before the start of the negotiations, President Santos convened a team of international negotiation advisors to bring best practice negotiation advice from other peace processes around the world. This Peace Advisory Team made over 25 trips to Colombia over the ensuing seven years. Upon receiving the Program on Negotiation (PON) Great Negotiator Award in 2017, President Santos remarked that if there were one piece of advice he would give another head of state embarking on a peace process, it would be to convene such a Peace Advisory Team.

In October of 2018, PON hosted a small conference with President Santos and his Peace Advisory Team to draw out the lessons of this pioneering innovation in international peace process negotiations. In this 45-minute video, the members of the Peace Advisory Team reflect on the Colombian peace process negotiations, explain what happened behind closed doors, assess what worked well and what did not, and distill what lessons can be carried forward for resolving future conflicts.

This video features:

  • Juan Manuel Santos, Former President of Colombia, 2016 Nobel Peace Prize Recipient
  • William Ury, Harvard Negotiation Specialist
  • Dudley Ankerson, Political Consultant, Expert in Latin America
  • Jonathan Powell, Chief British Negotiator of the Good Friday Agreement
  • Bernard Aronson, US Special Envoy for the Colombian Peace Process
  • Shlomo Ben-Ami, Lead Negotiator at Camp David

Produced by:

  • The Program on Negotiation at Harvard Law School

Alplaus Supply Company

SCENARIO:

The senior field representative for Alplaus Supply Company is meeting with the General Manager of a company that prints and distributes many kinds of documents. The general manager recently bought a machine that performed simple folding and envelope-stuffing tasks. The machine was a good deal, but now the company is having some problems with it. The general manager wants to return the machine. The field representative knows that Alplaus has already gone over their returns budget for this month. This negotiation is based on The Blender by Bruce Patton.

MECHANICS:

This is a simple two party that may be done with teams or individually.

TEACHING MATERIALS:

Role Specific:

  • General Manager
  • Field Representative for Alplaus Supply Company

 

Teacher's Package:

  • All of the above

 

MAJOR LESSONS:

  • The scenario makes it easy to slip into a negative, reactive mode, with unsatisfactory outcomes usually resulting.
  • Those parties willing to consider the perceptions and interests of the other party relevant can usually engage effectively in mutually beneficial joint problem solving.
  • The perception of who is in power in this negotiation and how that affected the results of the negotiation can be explored by comparing different groups.
  • In this negotiation, unlike in The Blender, the two parties have a previous relationship, and may have one in the future. The values involved are also much larger.

 

SIMILAR SIMULATIONS:

 

Amending Approval for the Storyville Pulp and Paper Mill

SCENARIO:

Inter-Continental Paper, Ltd (IC) is looking to upgrade and expand its pulp and paper mill in Storyville. By doing so, it hopes to increase the production and efficiency of the mill and also claims that it will develop more environmentally friendly techniques for bleaching paper. The local Department for Environmental Protection (DEP) approved and publicly endorsed this application.

Shortly after this approval was announced, the Storyville Community Coalition (the Coalition) filed an appeal against the decision of the DEP. The Coalition is concerned that the DEP's approval was made without due regard to the environmental impact that the approved changes will have on Storyville. The Coalition is galvanizing the locals with its claims that the IC's 'upgrades' will in fact result in the release of carcinogenic materials into the local environment.

The Environmental Appeals Board (EAB) will allow the Coalition to appeal the matter. The EAB determined that this Issue might be settled through a mediated negotiation. DEP, IC, and the Coalition have agreed. Though EAB is anxious to use mediation to resolve this claim. It will proceed to a traditional hearing process in the case of an impasse. The mediation will include an EAB official who will act as mediator and representatives from the three parties; the IC Storyville plant manger, the president of the Coalition, and the director of Air and Water Approvals from DEP.

 

MAJOR LESSONS:

  • Many participants may be unaccustomed to a process in which the mediator knows very little about the case prior to the face-to-face mediation.
  • The mediator must be able to keep the discussion focused on the 'issues' and allow the parties to vent 'hard' feelings while managing disagreements about past behavior so they do not sidetrack the dialogue.
  • The mediator must help the parties avoid spending too much time on any one issue, given time constraints, so that all key issues can be considered. Helping establish a constructive agenda and keeping the parties on track are two important responsibilities of the mediator, especially within a time limited situation.
  • The mediator must try to help the parties develop a “package” which will satisfy all groups. The exploration of options, including those not explicit in the players’ instructions, will increase the chances of building a consensus.
  • The mediator can help the stakeholders "create value" by encouraging them to think about packages (rather than single issues), future relationships, joint statements, contingent commitments, dispute handling mechanisms for the future, and determining whether one or more parties might bring additional resources to the table.
  • Moving from broad discussion to specific written agreements is often a challenge because of misunderstandings among the parties.
  • The mediator can use a "single text" to focus the parties on a shared draft, working either in a group or separately with each party to revise the text to all parties' satisfaction.

 

ADDITIONAL NOTES:

This role play is designed to help administrative board members improve their mediation skills.

The simulation is divided into two parts. In the first half, the parties explore areas of agreement and disagreement. In the second half, the parties strive to draft a written agreement capturing their tentative verbal understandings.

The room for the exercise should have space for 4 parties, and at least one private breakout room. It is also recommended that at least one flipchart be present so that the mediator can make use of the ‘one-text’ procedure of mediating.

 

MECHANICS:

This is a mediation among three parties. The mediator may choose to keep the parties together or speak with them separately. Each side should take 20 minutes to read their role and prepare. The negotiation will take 1 hour minimum. Debrief should last at least 30 minutes.

 

TEACHING MATERIALS:

For all parties:

  • General Information
  • Technology Information
  • Press Release

 

Role Specific: Confidential Instructions to

  • Department of Environmental Protection (DEP) Air and Water
  • Storyville Community Coalition (the Coalition)
  • Inter-Continental Paper, Ltd (IC)
  • Environmental Appeals Board Mediator

 

Teacher's Package (32 pages total):

  • All of the above
  • Teaching Note

 

KEYWORDS/THEMES:

Multiparty negotiation, mediation, regulatory negotiation, Environmental dispute resolution.

 

SIMILAR SIMULATIONS:

 

An Actual Small Claims Mediation

SCENARIO:

Sometimes it is helpful when discussing small claims mediation to have an actual case for students, mediators, litigants, and lawyers to study. This copy of the agreement reached between J. Construction Company, plaintiff, and the Elk Knights of Odd Fellows, defendant. The Elk Knights deducted several hundred dollars from the bill for construction of their new hall, claiming that the construction company went over schedule, left a mess, and made use of their custodian. The Knights also found fault with the quality of the construction. The Plaintiff claimed $870.00 plus $95.57 interest and $15.30 in court costs. The plaintiff made two claims in an attempt to circumvent the $750.00 limit on small claims court.

 

MECHANICS:

This is a discussion piece best utilized as a supplement used with other mediation role simulation or as a tool to guide people through the mediation process.

 

SIMILAR SIMULATIONS:

 

Arms Control on Cobia

SCENARIO:

The negotiation is set on the fictitious continent of Cobia, composed of eight countries. A race has developed on this continent between the two major countries, Algo and Omne, as well as Algo's smaller ally, Utro, for the development of a new chemical weapon, PS-182M. Furthermore, both major powers are racing to develop means to deliver this chemical weapon against the other by air, to overcome a natural barrier between them in the Smokey Mountains. There is great concern on the continent both about the dangers of conflict between the opposing alliances using this weapon, as well as about the environmental consequences of its use for the three nonaligned states on the continent. Therefore, the International Arms Control Conference has been called in St. Anton, capital of nonaligned Ingo, to try to negotiate a ban on this weapon, or at least its testing, as well as other related issues. During the course of the negotiations "news bulletins" may be issued changing the international environment within which the negotiations are taking place, either by the outbreak of a major crisis among the participants or by the attainment of a major agreement resolving other outstanding disputes only indirectly related to the content of this negotiation.

 

MECHANICS:

This issue is negotiated in one conference room where all eight countries (and perhaps a Secretary-General) are seated around a single table. If possible record the negotiations. In addition, the negotiators need to be able to consult with their Foreign Minister (normally played by the instructor or teaching assistants) in a nearby consultation room. The negotiation normally lasts three hours, and it is desirable to have at least a half-hour for preparation prior to the actual opening of the negotiation and another half-hour for debriefing. Therefore, it is best run in a block of four hours, though this can be modified by one hour in either direction without serious consequences.

 

TEACHING MATERIALS:

For all parties:

  • Description of the issues under negotiation
  • Description of each of the countries of Cobia
  • General Instructions
  • Joint Memorandum
  • Map of Cobia
  • New Bulletins

 

Role specific:

  • Representatives of the Republic of Ingo
  • Representative of the Kingdom of Exton
  • Representative of the Kingdom of Carta
  • Representative of the Republic of Omne
  • Representative of the Principality of Sarto
  • Representative of the Kingdom of Algo
  • Representative of the Republic of Utro
  • Representative of the Federated States of Bata
  • Secretary-General

 

Teacher's package (48 pages total):

  • All of the above
  • Teaching Note
  • Suggested Readings

 

MAJOR LESSONS

  • This is a complex, multi-issue, multi-party negotiation that requires considerable problem-solving for the negotiators to arrive at agreement. Since some issues turn out to be non-negotiable, the negotiator's ability to disaggregate (or fractionate) the issues is critical to their success.
  • In order to avoid unnecessary frustration at trying to reach agreement on non-negotiable issues, clear commitments by the major parties about their BATNA's tends to facilitate negotiating success.
  • The existence of the Foreign Minister who issues negotiating instructions means that all negotiators must be responsible to a domestic constituency, which places limits on their latitude to negotiate freely. Negotiators must thus learn to negotiate in a constrained environment, and to negotiate equally effectively with the Foreign Minister as well as with the other parties to the negotiation.
  • The assumption by the nonaligned states of active roles as mediators between the two competing alliances tends to contribute to an ability to reach successful agreements. Furthermore, the ability of the nonaligned to maintain a position of perceived neutrality is crucial to their playing this mediating role effectively.
  • Implications for several "real world" international analogues may be discussed by the instructor as part of the debriefing; suggestions along this line are contained in the Instructor's Manual.

 

SIMILAR SIMULATIONS:

 

PROCESS THEMES:

Agenda control; BATNA; Caucusing; Coalitions; Commitments; Communication; Competition v. Cooperation; Currently perceived choice analysis; Enforcement and verification of agreement; Formula-detail negotiation; Fractionation; Group process; Integrative bargaining; Issue control; Joint gains; Managing uncertainty; Mediation; Political constraints (dealing with); Power imbalance; Pressure tactics; Risk perception; Systems of negotiation; Trust; Yesable propositions

Bakra Beverage

NEW – ALL-IN-ONE CURRICULUM PACKAGE 

If you are new to teaching negotiation or are looking to go in-depth on the fundamental negotiation concepts, the Bakra Beverage All-In-One Curriculum Package will provide you with everything you need to teach negotiation.

The All-In-One Curriculum Package makes it easy to teach negotiation, track learning outcomes, and includes materials for the instructor as well as for students.

Materials include: 

  • Instructor’s Guide – Guide for instructors on negotiation concepts, simulation logistics, and debriefing simulation participants.
  • Instructor Background Reading List – List of background readings for instructors to complete before using the simulation to gain a better understanding of the negotiation concepts.
  • Student Background Reading List – List of background readings for students to complete before the simulation to gain understanding of the negotiation concepts.
  • Confidential Role Instructions – Confidential role-specific materials for participants in the exercise.
  • Pre-Negotiation Surveys – After completing the background reading and/or presentation of the negotiation concepts, participants complete the online Pre-Negotiation Survey to benchmark their understanding of the key learning points the game is intended to teach.
  • Agreement Outcome Form – Participants reporting the results of any agreements reached in the simulation.
  • Post-Negotiation Survey – After finishing the simulation, but before the debrief, participants fill out the Post-Negotiation Survey so Instructors can gauge participants understanding of the issues and concepts.
  • Class PowerPoint Presentation – The first part of the PowerPoint slide deck is for the instructor to use to introduce negotiation concepts, how to participate in a negotiation simulation, and Bakra Beverage. The second part is for the instructor to use in debriefing the simulation with participants.
  • Feedback Survey – At the conclusion of the exercise, participants can give feedback on the process and outcomes.

The Bakra Beverage All-In-One Curriculum Package requires a minimum of 90 minutes of class time, but is best run in a two and half or three-hour class. To order this package, you must purchase a minimum of ten copies. A separate copy must be purchased for every participant in the exercise. The materials are all single use and must be re-purchased for subsequent uses.

SCENARIO:

Structurally almost identical to the Sally Soprano role simulation, Bakra Beverage is a two-party, nonscorable negotiation between a beverage manufacturer and a soft drink distributor over the terms of a potential distribution contract.

BebsiCo is a multi-billion-dollar, multinational soft drink manufacturer interested in expanding its operations into the Middle Eastern country of Kumar. The distributor that was supposed to handle BebsiCo’s new distribution campaign, Kabir Cola, decided suddenly last week to close its Kumari operations and focus on other Middle Eastern countries. BebsiCo is eager to sign a new distribution contract with the Kumar-based Bakra Beverage, a financially troubled but reputable soft drink distributor. Indeed, BebsiCo headquarters has authorized its Director of Middle East Operations to offer Bakra up to $6.75 million per year for the contract, though BebsiCo would like that figure to be lower if possible.

Bakra desperately wants this contract, which would put it back on the map, attract additional clients, and give the company the confidence and certainty about its future that it has been waiting for to purchase Jayyid Juices (a juice and specialty beverage distributor). The contract is so important that Bakra would almost be willing to distribute for BebsiCo for free, except for the impact on future agreements and reputation.

In addition to the wide zone of possible agreement regarding the distribution fee, the simulation includes a range of possible criteria for determining the fee as well as numerous possibilities for value-creating options. Teaching points include the value of focusing on interests to create mutually beneficial options, the power of objective criteria, the effect of both parties’ BATNAs on the negotiation dynamic, and the importance of balancing both process and substance interests when a long-term relationship is at stake.

This simulation may be used as an alternative to Sally Soprano if a more corporate or international context is desired.

 

Participant materials include:

  • Confidential instructions for Bakra Beverage’s Sales Director
  • Confidential instructions for BebsiCo’s Director of Middle East Operations

 

Teacher’s package includes:

  • All of the above
  • Teaching note

 

ENHANCED VERSION AVAILABLE:

A digitally enhanced version of this simulation is available through the iDecisionGames platform and includes the following features:

  • An Instructor’s Guide summarizing the negotiation concepts covered in the simulation, a quick review of simulation logistics, and a ready-to-use set of debriefing slides;
  • Highlights from background readings that will help both students and instructors gain a better understanding of negotiation concepts and methods covered in the simulation;
  • Pre- and post-simulation questionnaires instructors can use gauge each student’s grasp of the core concepts before and after participating in the simulation;
  • PowerPoint slides that introduce key concepts before the simulation and highlight lessons for debriefing;
  • Real time, interactive, data analytics provided via the iDecisionGames platform.

To order the Bakra Enhanced Package click here.

Big Pipeline in Swagwit

SCENARIO:

Big Pipeline, a construction company, is building a pipeline through land owned by First Nation (Native American) peoples. Twenty years ago, a similar project by the same company left many of the indigenous peoples feeling dissatisfied and unhappy – this has resulted in tensions in this current negotiation. Happily, most of the issues between the Mountain Home Band, the group of First Nations people who will be the most affected, and Big Pipeline have been worked out. One major issue remains – allocation of job opportunities. How many laborers should be used for the construction project and how many of these jobs should be reserved for Mountain Home Band people?

 

MAJOR LESSONS:

It is possible to negotiate agreements that create gains for you and for them–you can both beat your BATNA. To create joint gains, use the Mutual Gains Approach:

  • Know your own BATNA and interests
  • Set your aspirations
  • Communicate your interests, and probe for their interests
  • Trade across issues you value differently
  • Use standards you can both accept to help you choose among options and packages

 

Manage the opportunities and dangers involved in setting aspirations:

  • Set your aspirations high
  • Be responsive to new information; don't be rigid.
  • When you do adjust your aspirations, be careful not to leave value unclaimed.
  • Help your partner do the same.

 

Negotiate as if relationships mattered:

  • Don't jeopardize long-term relationships by pushing too hard for short-term gain.
  • Effective "cross-cultural" negotiation depends upon making sure you are understood (and understand).
  • The rewards of modest risk-taking can be substantial. There will always be tension between the advantages of cooperation and the need to "compete."
  • Good negotiators develop a repertoire of negotiating styles.
  • You have to talk about relationships to improve them.

 

MECHANICS:

This negotiation may be run within 30 minutes with a 10 minute prep-time. You should allow at least 20 minutes for debriefing

 

TEACHING MATERIALS:

For all parties:

  • General Instructions

 

Role specific:

  • Big Pipeline Project Manager + score sheet
  • Mountain Home Band Chief + score sheet

 

Additional Teaching Notes:

  • Summary of 'lessons learned'
  • Summary score sheet for 120 players
  • Chart of possible scores

Billboards in Wyethville

SCENARIO:

Wyethville is a small and blossoming city, whose recent economic prosperity has prompted development of its waterfront. A new and highly controversial code proposes banning all billboard advertising along the waterfront so as to beautify the area and attract investment. Six members of the local business community and residents, with divergent interests, must present a final Billboard Proposal to their City Council. At least five of the six members must endorse the Proposal for it to be accepted by the City Council.

 

MAJOR LESSONS:

  • Land use decisions, particularly those involving aesthetics, can be more easily negotiated if the right forum is established.
  • Value creation is possible in land use negotiation by including additional (off site) issues.

 

TEACHING MATERIALS:

For all parties:

  • General instructions
  • Copy of the proposed amendments to the Wyethville Sign Ordinance

 

Role Specific:

Confidential Instructions for

  • P. Sondheim: President of the Wyethville Business Association + score sheet
  • C. Castillo: Wyethville Development commission + score sheet
  • B. Randall: Spokesperson for Scenic America + score sheet
  • Prof. Landon: Professor of Political Science at Wyethville Community College + score sheet
  • R. Waxman: Owner of the local Big Sleep Motel + score sheet
  • C. Toli: Council Member for Wyethville and potential Congressional candidate + score sheet

 

Additional Teaching Notes:

  • Teaching Matrix (charting various settlement options and the participants' preferences)

 

KEYWORDS/ THEMES:

Free speech; aesthetics in the public sector; land use planning; zoning; municipal decision-making; urban design

 

SIMILAR SIMULATIONS:

 

Bog Berries, Inc. v. the Federal Environmental Agency

SCENARIO:

Bog Berries Inc. (Bog Berries), a large and successful cranberry products firm, has been accused of intentionally dumping toxins into sewers and waterways near its plant. The Federal Environmental Agency (FEA) filed felony charges under revisions of the Clean Water Act. An uneasy settlement deal was reached between Bog Berries and the FEA, but both parties have suffered considerable public relations damage and feelings are raw. Representatives from both sides must now negotiate the detailed stipulations of a new agreement that will allow Bog Berries to continue operation while meeting FEA requirements.

 

MAJOR LESSONS:

  • When the game is played by several groups at the same time, the comparison of outcomes is instructive. Typically, some groups will reach agreement and some will not.
  • Even though the parties are likely to settle, the agreements they reach are typically far from optimal. Pareto-optimal scores can be displayed in this game. The players can then explore how and why superior agreements were not found. The concept of the Pareto frontier can be examined.
  • The range of possible agreements is wide; by comparing agreements, the usefulness of generating multiple options should emerge.
  • The design of the meeting and decisions as to pre-meeting caucus, intra-party discussions, seating plans etc. should be created by the parties.

 

TEACHING MATERIALS:

For all parties:

  • General Instructions

 

Role Specific: Confidential Instructions for

  • Bog Berries CEO
  • Bog Berries Public Relations Officer
  • Bog Berries Attorney
  • FEA Head Negotiator
  • FEA Head Scientist

 

Teacher's Package:

  • All of the above
  • No teaching note currently available

 

KEYWORDS/ THEMES:

Negotiating compliance; environmental dispute resolution; regulatory negotiation; science-intensive policy dispute; inside-outside tensions; public relations; caucusing

 

SIMILAR SIMULATIONS:

Carson Extension

DirtyStuff

Dioxin: Waste to Energy Game

Rad Waste I

Book Contract, The

SCENARIO:

Terry Holtz, a senior editor with a highly regarded, independent publishing firm has received a proposed book entitled Entrepreneurial Schools written by a young, up and coming, but never before published author. Terry is extremely interested in the book and is willing to pay an exceptionally high author's advance for the book. Jay McIntyre is a successful literary agent and represents Rachel Leonard, author of Entrepreneurial Schools. Jay has shown Rachel's manuscript to one other publishing firm than Terry's and has since found out that they are not interested. This coupled with Rachel's professional ambitions, which would be helped greatly by the visibility that comes with publication, has made Rachel anxious to close the deal with Terry's firm fast. She has told Jay to settle for what he can get from Terry's firm, but not to leave any money on the table.

NOTE: This exercise is analytically similar to the exercise Parker-Gibson in a different setting.

 

MECHANICS:

The exercise works best as a one on one exercise. Preparation should take 10-15 minutes and negotiation can take 10-30 minutes. Review and debriefing can last from 30-75 minutes.

 

TEACHING MATERIALS:

Role specific:

  • Confidential Instructions for the Agent, Jay McIntyre
  • Confidential Instructions for the Publisher, Terry Holtz

 

Teacher's Package:

  • All of the above

 

MAJOR LESSONS:

  • This exercise is an excellent vehicle for comparing principled negotiation and positional bargaining. Depending on the skill of the other negotiator, both approaches can do well. Both parties should be risk averse, however, and wary of an adversarial approach that might get out of hand.
  • The knowledge that one's BATNA is weak often leads people to negotiate much less vigorously than they otherwise would. Is this ever justified? If so, under what conditions? The case affords a good opportunity to point out that any such analysis should be based on a consideration of the parties' relative BATNA's.
  • Since the case does have a strong competitive element, there is ample opportunity to explore techniques for indirectly and directly extracting information from the other side. Likewise, techniques of protecting oneself from "giving up" the possibility for gains that were unforeseen can be explored and discussed.

 

SIMILAR SIMULATIONS:

  • GE International
  • A Salary Negotiation
  • Sally Soprano
  • San Morgan Contract
  • Tendley Contract

 

SUBJECT:

Business; Contracts; Interpersonal

 

PROCESS THEMES:

Anchoring; BATNA; Bluffing; Commitment; Confidentiality; Disclosure; Fairness; Information exchange; Meaning of "success"; Objective criteria; Offers, first; Options, generating; Precedents; Risk aversion; Trust

Brachton Collective Bargaining Exercise

Also known as Brachton School

SCENARIO:

The Brachton Teacher's Union has been negotiating with the city's School Committee over teacher contracts which will shortly expire Lately, Brachton public schools and teachers, funded largely through local property taxes, have come under some fire. Some fear that political and personal commitment to the Brachton schools has diminished. There is pressure on the school committee, headed by the mayor, for a tax cap and moratorium on all city salaries, including teachers. The issues have been identified and all that is left is for the two groups to hammer out an agreement.

 

MAJOR LESSONS:

  • There are often legitimate differences within bargaining teams. These internal conflicts ought to be worked out before serious bargaining begins as unresolved internal conflict can create problems when it comes time to ratify carefully crafted draft agreements. This exercise creates opportunity for team participants to practice techniques and strategies of managing internal team conflict.
  • In most collective bargaining situations, each side begins by staking out its position. both usually do this before they even hear what the concerns are of the other side. This often leads to the process of trading concessions which results in minimally acceptable outcomes. To achieve maximum joint gains it is necessary to focus instead on listening to the interests of the other side before staking out opening positions. The best techniques for probing interests can be studied.
  • This exercise allows the players to explore the influence of threats on the behavior of other parties.
  • The game raises questions of relationship, precedent and reputation. all sides have important long-term interests.

 

TEACHING MATERIALS:

For all parties:

  • General Instructions
  • Present Salary Schedule

 

Role Specific:

Confidential Instructions for the Union

  • Union Representative: Bornhofft
  • Union Representative: McKeller
  • Union Representative: Whitesides
  • New Union Representative

 

Confidential Instructions for the School Committee

  • Representative: Gray
  • Representative: Pedrotti
  • Representative: Sehnert
  • New School Committee Representative

 

KEYWORDS:

Agenda control; caucusing; competition v cooperation; consensus building; dovetailing; threats; recurring negotiations; labor-management; school budgets; role of agents

 

SIMILAR SIMULATIONS:

Collective Bargaining at Central Division

MAPO- Adminstration Negotiation

Brief Outline of the Mediation Process

Free review copies of non-English Teacher’s Packages will be emailed upon request. Please contact tnrc@law.harvard.edu  or telephone 800-258-4406 (within the U.S.) or +1-301-528-2676 (outside the U.S.)

This is an overview of the formal mediation process. It includes a list of the advantages of formal mediation over a court hearing. The goals of each step of the process are touched upon. There are some tips as to technique and caucuses. This outline is meant for people who want to learn to mediate, but can also be very useful for people who are going to be involved in a formal mediation in another capacity. In other words, it is exactly what it claims to be.

Building Bridges

Through the use of three role plays, the Building Bridges curriculum helps students learn how to resolve their differences through negotiation. The curriculum is based on the principled negotiation method developed by Roger Fisher (co-author of the bestselling book Getting to YES) and his colleagues at the Harvard Negotiation Project.

The curriculum includes three role plays, a sample syllabus, a background memo on teaching negotiation, a memo on the goals of teaching negotiation, and a memo on student-generated role plays. Please note that the cost of the Building Bridges curriculum package includes a copyright license to duplicate the role plays. The role play scenarios are as follows:

 

"How Could You Say That?": This simulation is between two high-school siblings. In a previous conversation, the younger sibling has asked the older sibling for help finding a job in the same mall where the older sibling worked. A misunderstanding resulted, and the siblings became upset with one another. The siblings are now meeting to try and resolve the issue.

 

Major lessons:

Exercises help students to:

  • Focus on underlying interests rather than positions or demands.
  • Invent options that are good for both parties.
  • Use legitimacy and persuasion rather than force or violence.
  • Develop empathy, to see the problem from the other's perspective.
  • Become aware of the role emotions play in negotiation.
  • Learn the importance of listening in negotiation.

 

Teaching Materials Include:

  • Confidential Instructions for Cory (older sibling)
  • Confidential Instructions for Terry (younger sibling)
  • Teaching Note

 

The Leather Jacket: This simulation is between two high-school friends. One student just bought a leather jacket at a one-day sale which, unfortunately, doesn't fit. The jacket does fit the second student perfectly, however, and the second student is very interested in buying it. The issue to be negotiated is price. The first student purchased the jacket for $100 but needs $150 to purchase a properly fitting jacket at its original, non-sale price. The second student knows that the first student bought the jacket on sale.

 

Teaching Materials Include:

  • Confidential Instructions for the Buyer
  • Confidential Instructions for the Seller
  • Teaching Note

 

Playing Time: This simulation is between a high school basketball player and his/her coach. The students wants more playing time on the basketball team; the coach thinks that the students needs more work. The two have agreed to meet to discuss the situation.

 

Teaching materials include:

  • Confidential Instructions for the Coach
  • Confidential Instructions for the Player
  • Teaching Note