Eazy’s Garage – Four-Party

Note: This simulation may be used in conjunction with the PON video Lawyers and Clients: The Initial Interview, available from the TNRC in videotape, DVD or downloadable format. The Lawyers and Clients video is based on the same fact pattern as this four-party version of Eazy's Garage.

Note: This simulation is also available in a two-party (lawyers only) version here.

SCENARIO:

Susan Garfield has a billing dispute with John Eazer, owner of a local garage, over some work done on Garfield's car. Finding the bill significantly higher than the original informal estimate, Garfield angrily confronted Eazer. Eazer prepared a second bill at an even higher figure. Frustrated, Garfield returned to the garage after closing time with a spare key and drove her car home, without paying anything. Eazer turned to his child-in-law, an attorney, wishing to file a criminal complaint. When phoned, Garfield referred the attorney to her father, a senior partner in a local law firm. Garfield's father is letting one of his young associates handle the case. The negotiation involves both lawyers, and may or may not involve clients Susan Garfield and John Eazer as well.

 

MECHANICS:

This simulation involves 1-2 hours of preparation (preferably outside class), 30-45 minutes of lawyer-client interviews, and 30-45 minutes of negotiation. The negotiations may involve lawyers only or lawyers and clients, at the instructor's (or students') discretion.

 

MAJOR LESSONS:

  • Importance of lawyer-client interviewing skills, particularly in a negotiation context
  • Roles of lawyers and clients in negotiation, and possible tensions in the lawyer-client relationship
  • Tension between empathy and assertiveness, especially in the context of a long-term relationship.
  • The relevance and uses of objective criteria.
  • Negotiating in the shadow of the law (and under the threat of a possible lawsuit).
  • Balance among short-term and long-term interests, including financial, relationship, reputation, and emotional interests.
  • Questions about what constitutes "success" in this negotiation? Is it making the other side back down? Avoiding litigation? Getting a "fair"deal? What are the criteria for a "good" outcome in negotiation?

 

TEACHING MATERIALS:

Role specific:

Confidential Instructions for:

  • John Eazer
  • John Eazer's Attorney
  • Susan Garfield
  • Susan Garfield's Attorney
  • Sample Preparation Memo

 

Teacher's Package:

  • All of the above
  • Teaching Note


PROCESS THEMES:

Anchoring; Apologies; Attorney/Client relations; Authority; BATNA; Bluffing; Communication; Education, as a means; Emotions; Ethics; Joint gains; Information exchange; Lawyering; Legitimacy; Litigation analysis; Meaning of "success"; Objective criteria; Offers, first; Partisan perceptions; Principal/agent tensions; Public opinion; Relationship; Separating the people from the problem; Systems of negotiation; Threats; Yesable propositions

Eazy’s Garage – Two-Party

Note: This simulation is also available in a four-party version (with roles for two lawyers and two clients) here.

NEW – ALL-IN-ONE CURRICULUM PACKAGE 

If you are looking to go in-depth on the fundamental negotiation concepts and track learning outcomes, the Eazy’s Garage All-In-One Curriculum Package will provide you with everything you need. The All-In-One Curriculum Package makes it easy to teach negotiation 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 Eazy’s Garage. 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.

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:

Susan Garfield has a billing dispute with John Eazer, owner of a local garage, over some work done on Garfield’s car. Finding the bill significantly higher than the original informal estimate, Garfield angrily confronted Eazer. Eazer prepared a second bill at an even higher figure. Frustrated, Garfield returned to the garage after closing time with a spare key and drove her car home, without paying anything. Eazer turned to his child-in-law, an attorney, wishing to file a criminal complaint. When phoned, Garfield referred the attorney to her father, a senior partner in a local law firm. Garfield’s father is letting one of his young associates handle the case.

 

MECHANICS:

This case takes 30-45 minutes to negotiate, either one-on-one or two-on-two. Debriefing can take from 45 minutes to 2 hours.

 

TEACHER’S MATERIALS:

Role Specific:

Confidential Instructions for:

  • John Eazer’s Attorney
  • Susan Garfield’s Attorney
  • Optional Mediator (Spanish version only)
  • Sample Preparation Memo

 

Teacher’s Package (30 pages total):

  • All of the Above
  • Teaching Note (English version only; non-English versions do not include a Teaching Note)

 

MAJOR LESSONS:

  • Tension between empathy and assertiveness, especially in the context of a long-term relationship.
  • The relevance and uses of objective criteria.
  • Negotiating in the shadow of the law (and under the threat of a possible lawsuit).
  • Balance among short-term and long-term interests, including financial, relationship, reputation, and emotional interests.
  • Role of agents (such as lawyers) in negotiating a resolution to an emotional dispute between clients with a long-term relationship.
  • Questions about what constitutes “success” in this negotiation? Is it making the other side back down? Avoiding litigation? Getting a “fair”deal? What are the criteria for a “good” outcome in negotiation?

 

PROCESS THEMES:

Anchoring; Apologies; Attorney/Client relations; Authority; BATNA; Bluffing; Communication; Education, as a means; Emotions; Ethics; Joint gains; Information exchange; Lawyering; Legitimacy; Litigation analysis; Meaning of “success”; Objective criteria; Offers, first; Partisan perceptions; Public opinion; Relationship; Separating the people from the problem; Systems of negotiation; Threats; Yesable propositions.

 

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 Eazy’s Garage Enhanced Package click here.

Euro-Idol

Euro-Idol is the longest-running international singing competition featuring contestants from European and other invited countries. Every year, each participating country independently conducts a national song competition to choose its country’s “Idol” to represent it at Euro-Idol. Hosting the Euro-Idol competition is one of the most prestigious and sought-after events a country and city can bid for, often compared to hosting the Olympics or the World Cup. Euro-Idol has the potential to bring economic benefit and prestige to cities that are granted this privilege. Typically, the winning country of the previous year’s competition has priority in conversations about hosting, if they choose to be considered. But this pattern was disrupted after the 2020 competition was cancelled, due to coronavirus. Now, countries are free to directly apply to host Euro-Idol’s competition. After a country is chosen by the Euro-Idol Corporation, it is up to the country to choose the city. The Kingdom of Denion is entering the negotiations with the Euro-Idol Corporation in an attempt to secure hosting the upcoming competition.

This negotiation takes place in two rounds. The first round is between the Euro-Idol Corporation and the prospective host country of Denion. If the Euro-Idol Corporation and Denion can come to an agreement, the second round of negotiations takes place between the cities of Bardane and Eindborg, as well as the Denion Office of Special Events, to determine which city will host the competition. Major lessons of this simulation include:

  • Acquire competencies in negotiation preparation, defining BATNA, process, management and agenda setting, uncovering interests, sequencing and packaging issues, and uncovering sources of power in negotiation.
  • Acquire skills in negotiating based on changing information and/or information decided by others.
  • Understand sequencing issues between rounds and how to build momentum for a deal.
  • Negotiate effectively in a process set up to incentivize winner take all (a bidding process).
  • Manage waxing and waning relevance.

Materials for this simulation are:

  • General Instructions (for all parties)
  • Confidential Instructions for the Representative from the Euro-Idol Corporation
  • Confidential Instructions for the Representative from the Denion Office of Special Events
  • Confidential Instructions for the Representative from Bardane
  • Confidential Instructions for the Representative from Eindborg
  • Update Memo (in the case of no deal in Round I or a deal not to proceed with Denion)
  • Results Sheet for the Representative from Euro-Idol Corporation
  • Results Sheet for the Representative from Denion Office of Special Events

Fie’s Agent

SCENARIO:

It is the year 2030. Football (formerly referred to as “soccer” in the United States but now known as “football” worldwide) continues to be the most popular international sport. Women’s football has surpassed men’s football as the most attended, watched, and marketed sport in the world.

Three years ago, in the 2027 Women’s World Cup, a previously unknown Ghanaian forward named Ama Ata Fie emerged as one of the most prolific goal scorers in the world. Kofi Mwenchena, a Ghanaian sports agent, has represented Fie for the past six years, even before she surfaced as one of the world’s most popular and successful football stars. Fie and Mwenchena signed an official contract six years ago, just before Fie was drafted to a Ghanaian club team. Mwenchena’s contract with Fie has now expired, and the two have not yet been able to agree on terms of a potential new contract.

International club rules state that official free agent negotiations begin in less than one week. Fie is still in Brazil completing some marketing obligations for Maccabi Wireless, while Mwenchena is back in Ghana to attend his brother’s wedding ceremony, but he and Fie have agreed to try to finalize their contract negotiations via e-mail.

 

TEACHING PURPOSES:

This simulation is a good vehicle for discussing the dynamics of negotiating via e-mail versus face-to-face or through other media. It also highlights issues regarding the principal-agent relationship, contract drafting, integrative and distributive bargaining, and the challenges in balancing substance, process, and relationship concerns.

 

Participant Materials Include:

  • General Instructions

 

Confidential Instructions for:

  • Ama Ata Fie (player)
  • Kofi Mwenchena (agent)

 

Teacher’s Package Includes:

  • All of the above

 

Please note that the time required refers to actual online negotiating time. This simulation is typically conducted over several days of asynchronous e-mail communication.

Flagship Airways

SCENARIO: Three years ago Flagship Airways signed a ten-year, $1 billion contract with Eureka Aircraft Engines. Since then, things have changed for both Flagship and Eureka. Flagship's revenues have steadily decreased and they are now reluctant to put forth $1 billion to expand. Meanwhile, Eureka's development of its "revolutionary" engine has not proved as efficient as Eureka had hoped. Today, at Flagship's request, the two companies are meeting to discuss how to restructure the agreement. This is not an unprecedented procedure. The two companies have met in the past to restructure deals when circumstances have changed significantly for either party. In their negotiation, there is a great deal of data to be managed by both parties. There is also a longstanding relationship between the two lead negotiators for each side. Each must decide how to secure the best deal for his/her respective company, while maintaining their relationship. Each must also build trust within his/her team to make sure that the terms agreed upon are acceptable to all.

 

MAJOR LESSONS:

  • To insure relationships that promote quality within the organization, both long-term and short-term interests must be balanced very thoroughly.
  • This exercise demonstrates the dependency of successful internal negotiations on successful external negotiations. Thorough preparation is absolutely critical in this negotiation.
  • Don't jeopardize long-term relationships by pushing too hard for short-term gains.
  • Effective cross-cultural negotiation depends upon making sure what you are saying is what is being heard and that you are hearing what is said. Clear communication is critical.

 

SIMILAR SITUATIONS:

  • Common Measures
  • BMP Policy
  • Multisumma

Great Negotiator 2022: Christiana Figueres

The Program on Negotiation (PON) at Harvard Law School periodically presents the Great Negotiator Award to an individual whose lifetime achievements in the field of negotiation and dispute resolution have had a significant and lasting impact. In 2022, PON selected Christiana Figueres as the recipient of its Great Negotiator Award.

As UNFCCC Executive Secretary, Christiana Figueres was tasked with a seemingly insurmountable challenge of putting together an impactful, global climate agreement to save the planet. Coming out the dramatic failure of the Copenhagen summit, many believed that such an agreement was not possible. However, with persistent optimism and careful, targeted interventions aimed at building momentum, in 2015 the Paris Agreement was unanimously adopted by the 196 participating nations and set forth a new framework for international climate agreements.

PON honored Christiana Figueres as its Great Negotiator in April 2022. This included a public session interview attended by students, faculty, and guests at Harvard Law School, as well as an in-depth private session interview, where Figueres answered questions and offered insights on the negotiation process. Both the public and private video interviews are included in the Great Negotiator 2022: Christiana Figueres video package. Below, check out a preview of the private session interview with Figueres and Professors James Sebenius and Hannah Riley Bowles:

These videos can be paired with the Christiana Figueres and the Collective Approach to Negotiating Climate Action case study, available for purchase separately from the Teaching Negotiation Resource Center (TNRC).

HackerStar Negotiation, The

SCENARIO:

In The HackerStar Negotiation, two improvisational actors play the roles of Allen Hacker and Stanley Star, partners in a small software company called HackerStar, Inc. Hacker and Star are engaged in a dispute over PowerScreen, a new product that Hacker developed against Star's wishes. Hacker contends that he developed PowerScreen on his own time, using the company equipment only outside of business hours for debugging, and that he owns exclusive rights to the product. Star argues that, according to Hacker's employment contract, he owes all of his creative energy to the company and that PowerScreen therefore belongs to HackerStar, Inc.

The video, which is unrehearsed and unscripted, follows Hacker and Star from a bitter fight regarding PowerScreen, through their separate advising sessions with their attorneys, and then to the final negotiation with both clients and attorneys present. Harvard Law School Professor and Getting to YES co-author Roger Fisher acts as Hacker's attorney, while experienced Boston litigator Ann Berry acts as Star's attorney. After lengthy negotiations, the parties reach an amicable agreement (though their only instructions were to "settle or not as you wish, but don't get taken").

 

APPLICATION:

This video, which includes a set of teaching notes, provides a rich set of data for analyzing and evaluating different preparation and negotiation styles. It also depicts the use of principled negotiation to prepare for and resolve a dispute, with a particular emphasis on Roger Fisher's "Seven Elements" of negotiation (detailed in Fisher and Ertel's Getting Ready to Negotiate, a companion workbook to Fisher, Ury and Patton's classic Getting to YES.

The background facts for The HackerStar Negotiation are identical to those in the PowerScreen Problem role simulation, also available from the Teaching Negotiation Resource Center (TNRC). The video may either be used by itself or in conjunction with The PowerScreen Problem.


PRODUCTION QUALITY: Professional

Indopotamia

Indopotamia is a nine-party, mediated, multi-issue negotiation game involving a dispute over the allocation of land and water resources shared by three countries in an international river basin. The game provides opportunities to discuss the natural, societal, and political dimensions of science-intensive policy disputes in which high levels of uncertainty are involved. The game also introduces water professionals and aspiring water professionals to the Water Diplomacy Framework (WDF).

 

MATERIALS INCLUDED:

  • Teaching Notes
  • General Instructions for each of the four segments of the game
  • The map in Appendix A is best viewed in color, but can also be viewed in black and white
  • Confidential instructions for each of the nine roles for each of the four segments of the game
  • The Mediator's Instructions include forms for reporting the results of Segments 2 through 4
  • Summary form for contrasting the results of Segments 2 through 4 if multiple groups play the game at the same time.

 

The game is designed to be played in four separate segments. Each explores an important element of the mutual-gains approach to negotiation.

John & Mary

SCENARIO:

Econ Inc. is a laser manufacturer with 150 employees. Twenty-five-year-old Mary Marks was previously employed at Econ as a first-shift laser operator. Mary is currently married to her second husband and has had two consensual affairs with coworkers. Mary's supervisor was John Jump, a 49-year-old foreman, who is married and cares for an extremely ill spouse on the evenings.

John and Mary entered into what was initially a consensual affair. John claims that the affair ended when he began another relationship; Mary claims that it ended when she resisted John's more amorous advances. Following their relationship, Mary's work performance worsened, and she quit. She later claimed that she was forced to quit because of the sexually hostile environment caused by John. A mediation will be held as provided in Econ's personnel policy.

NOTE: John & Mary involves a mediation between the personnel director and corporate counsel of a laser manufacturer and an employee and her attorney over the employee's departure amidst allegations of sexual harassment. Mediation is required under the company's sexual harassment policy.

 

Time required:

  • 20-40 min. individual preparation (preferable outside of class)
  • 10-15 min. team preparation (outside or in class)
  • 60 min. mediation
  • 45-60 min. debriefing

 

Group size:

  • 5 (two parties, their respective counsel, and the mediator) or 6 if John Jump, Mary's former supervisor, is present

 

MATERIALS INCLUDED:

  • Confidential Instructions for Econ's Personnel Director
  • Confidential Instructions for Econ's Corporate Counsel
  • Confidential Instructions for Mary Marks
  • Confidential Instructions for Mary Marks' Attorney
  • (Optional) Confidential Instructions for John Jump, Mary's former supervisor
  • Confidential instructions for the Mediator

 

Teacher's Package includes:

  • All of the above
  • Teaching Notes

NOTE:John & Mary was revised in 2008 to provide separate instructions for each of the parties and their counsel. This revision makes for a more robust exercise as it creates some information asymmetries and highlights potential tensions between the principals and their agents. The original Version B (in which the parties and their counsel have identical instructions) is available on special request.

 

Lawyers & Clients

 

Developed by Professor Robert Mnookin of Harvard Law School, this video illustrates interviewing and active listening techniques appropriate for lawyer-client negotiations or for similar agent-principal negotiations. Specifically, the video demonstrates effective, pragmatic ways for lawyers to establish a solid professional relationship with their clients based on effective communication skills.

In Lawyers and Clients: The Initial Interview, Mnookin provides negotiation advice and commentary interspersed with two simulated lawyer-client interviews based on the PON role simulation "Eazy's Garage (Four-Party Version)" (also available through the Teaching Negotiation Resource Center). In the two interviews, different actresses portray Susan Garfield (a customer thinking of suing the owner of an automobile repair garage over what she perceives to be an unfairly high repair bill), and different actors portray Susan's lawyer. As the lawyers interview their respective clients, Mnookin interrupts their conversations with observations on practical maneuvers the lawyers could use in order to demonstrate empathy, to explore interests behind their client’s positions, and to explain the legal opportunities and risks involved in the case.

This video provides a visual illustration of the theories presented in Mnookin’s book Beyond Winning: Negotiating to Create Value in Deals and Disputes (Cambridge, MA: Harvard University Press, 2000; also available from the Teaching Negotiation Resource Center). Professor Robert Mnookin is the Samuel Williston Professor of Law at Harvard Law School and the Chair of the Steering Committee of the Program on Negotiation.

The 2008 re-release of this video on DVD includes a chapter index as well as extensive teaching notes.

Leaves Before the Fall

SCENARIO:

In "Leaves Before the Fall," lawyers for an employer and a former employee attempt to negotiate a settlement surrounding the employee's termination due to excessive absenteeism. The employee's absences resulted from a difficult pregnancy and the subsequent poor health of her newborn child. Much of her leave was guaranteed under the Family and Medical Leave Act (FMLA). She now seeks compensation from her former employer.

The primary characteristic of the Leaves Before the Fall simulation is that the facts set out in each representative's "confidential instructions" are the same – identical in every respect. Will the participant assume disagreements and disconfirming (contradicting) information – the confirmation bias trap – and engage in positional negotiation? Will they attempt to exaggerate, conceal, and/or lie about the facts? Or will the participants take on a problem-solving mantle and ask open-ended questions, actively listen and search for creative options?

This two-party negotiation simulation was created by James K.L. Lawrence, a partner at the law firm of Frost Brown Todd LLP and an adjunct professor at the University of Cincinnati College of Law with a long historical connection to PON.

 

MECHANICS:

1-2 hourse – preparation (preferably outside of class)

10 min. – introductory questions

30-45 min. – negotiation

30-60 min. – debriefing

 

TEACHING MATERIALS:

Role specific:

Confidential Instructions for:

  • Attorney for Sharon Stone
  • Attorney for Microtech

 

Teacher's Package:

  • Each of the above
  • Teaching note

 

PROCESS THEMES:

Bluffing, Communication, Competitive/ Cooperative negotiation, Disconfirming Information, Information Exchange, Partisan Perceptions, Risk Perception

Mariyinsky Palace Negotiations, The

SUMMARY:

The Mariyinsky Palace Negotiations: Maintaining Peace Throughout the Ukraine's Orange Revolution is a detailed factual case study of the negotiations to resolve the political crisis caused by the disputed 2004 Ukrainian presidential election. These negotiations culminated in an unprecedented second runoff election and a victory for the opposition Viktor Yushchenko. This case study, which is based on extensive research and interviews with key observers, offers an in-depth account of the complex dynamics that contributed to the contested first runoff election and to the events that followed. It includes English transcripts of most of the high-level negotiations, along with a glossary and several appendices.

NOTE: The case study's epilogue summarizes events through August 2006. Subsequent events may well influence the interpretation and evaluation of the events described in this case.

This case study and teaching note are designed to offer a rich illustration of complex multiparty negotiation dynamics, and thus serve as an advanced negotiation teaching tool. At the same time, the case study also provides a detailed insider's understanding of the events of the Orange Revolution, and may be of interest to those studying political science, electoral processes, and/or Ukrainian affairs.

The complete Mariyinsky Palace case study package is 127 pages long and comprises the 33-page case study and 10 appendices, including a glossary of Ukrainian terms, a timeline, a map of Ukraine, election results tables, brief biographies of key participants, a transcription of the interim agreement following the second round table of negotiations, the OSCE press release regarding the second round of elections, and 78 pages of transcribed excerpts from each of these negotiation round-tables. A shorter (49 pages) version with the case study and all appendices except the negotiation transcripts is also available.

Suggested time frame: 60+ minutes to read and prepare (preferably outside of class); 45 – 90 minutes for discussion

This case study may be used for individual analysis and/or class discussion, and is appropriate for graduate-level students of negotiation, dispute resolution, conflict management, government, diplomacy, international studies (particularly emerging democracies), and political science (particularly elections). It also may be of interest to governmental and organizational professionals concerned with emerging democracies and election processes.

 

SUMMARY:

The Orange Revolution that immediately followed the runoff election in Ukraine's 2004 presidential race drew the former Soviet nation into a political crisis that attracted the world's attention. Catalyzed by charges of electoral fraud against Prime Minister and presidential candidate Viktor Yanukovych, supporters of opposition candidate Viktor Yuschenko flocked to the capital city of Kyiv within a day of the election and began blockading government buildings. Before official results could be announced, Yushchenko's supporters demanded a re-vote based on their claims that Yanukovych's party had contributed to widespread electoral fraud.

The conflict came to be characterized internationally by the throngs of protesters bearing the orange color of Yushchenko's campaign and by the threats from Yanukovych's supporters that Ukraine's southern and eastern portions would secede. In contrast, the events that led to the conflict's resolution took place largely out of the public view. Responding to international and internal pressure, Yushchenko, Yanukovych, outgoing president Leonid Kuchma, and other high-level officials from Ukraine and elsewhere had three meetings over 12 days to negotiate an end to the political crisis. The negotiations culminated in a package agreement, immediately ratified by the Ukrainian Parliament, that acknowledged the Ukrainian Supreme Court's ruling for an unprecedented second runoff election, mandated election reforms to reduce fraud, and enacted political reforms to transfer some of the President's powers to the parliament. Yushchenko won the second runoff election and was inaugurated as President of Ukraine a little over two months after the protests began.

Subsequent events demonstrate that the Orange Revolution was far from a complete victory for Yushchenko. In an ironic turn of events, by 2006 Yushchenko was suffering from low national approval ratings, Yanukovych's party gained governing power in parliament, and Yushchenko was ultimately forced to name Yanukovych as Prime Minister. Yanukovych's comeback was made all the more significant given the political reforms agreed to during the Mariyinsky Palace negotiations that transferred many presidential powers to parliament. While subsequent events are clearly relevant to a thorough evaluation of the Mariyinsky Palace negotiations, the case study focuses on the events of November – December 2004 that led to the peaceful resolution of the election conflict and set the stage for Ukraine's burgeoning, if unpredictable, democracy.

 

THEMES:

Possible themes for discussion include Yushchenko's use of sophisticated negotiation techniques, Yanukovych's gradual loss of negotiation leverage, coalitional and other multi-party dynamics, the pressure of constituencies, the role of third-party facilitators, and the influence of external events on the negotiations. The teaching note suggests debriefing questions on these and other discussion topics.

Master Class on International Investor-State Arbitration

In the video Master Class on International Investor-State Arbitration: What is it? How Does it Work, Jeswald W. Salacuse, Distinguished Professor and Henry J. Braker Professor of Law at the Fletcher School of Law and Diplomacy at Tufts University, provides a comprehensive study of international investor-state arbitration from historical background and procedures to real world application and in-depth analysis.

This two-hour video course consists of two modules. Part one, “The Nature of Investor State Arbitration,” lays out a conceptual framework by explaining the nature of arbitration, providing appropriate historical background, situating it within the various available methods for resolving international conflicts, and high-lighting its basic elements.  Part two, “ Anatomy of an Investor-State Arbitration: The Case of Aguas Argentinas,” examines a real investor-state dispute that arose as a result of Argentina’s efforts to modernize its water and sewage system by granting an international consortium of investors a concession to develop and manage the system through a company, Aguas Argentinas S.A., that they had created.

Check out this brief preview of the video:

Granting a foreign corporation or private individual the right to sue a sovereign state in an international court for acts that its government ostensibly took in the public interest is a historically novel, if not revolutionary, international method of dispute settlement. Because its operations are clothed in confidentiality, investor-state arbitration remains little known beyond a small group of specialists. The aim of this master class is to foster increased knowledge and awareness of an institution that has gained a growing role in international economic relations.

Professor Salacuse, the instructor in this master class, is both a noted scholar of international investment law and a distinguished international arbitrator who has served as president and member of international arbitration tribunals in important investor-state disputes during nearly two decades.

Mediators At Work: Termination Tempest

Mediators at Work: Termination Tempest is an unscripted, realistic demonstration of the mediation of an employment dispute. The mediation is based on the facts of the Termination Tempest role simulation, also available through the Teaching Negotiation Resource Center. Plaintiff Pat Thibideau had worked at Kane Restaurant Supply for fifteen years before being terminated at age 66. Thibideau sued Kane under the Federal Age Discrimination Act, alleging that the termination was pursuant to Kane's illegal mandatory retirement policy. The case has been in court for approximately one year, and substantial discovery has been completed. At Kane's suggestion, the parties and their counsel have agreed to try to settle the case through mediation.

Unrehearsed and unscripted, the video features experienced mediator Margaret Shaw working with the two parties (played by actors) and their counsel (played by attorneys). Shaw uses a combination of joint session and private caucuses to help the parties settle their dispute. While the original mediation (over four hours long) was edited for time, the overall flow of the mediation was preserved. Producers Dwight Golann and Marjorie Corman Aaron offer a brief introduction to the mediation, along with occasional explanatory commentary during the session itsel.

Dwight Golann is Professor of Law at Suffolk University in Boston. His areas of academic interest are dispute resolution and consumer financial services. Golann is the author of several publications in alternative dispute resolution including the book Mediating Legal Disputes, which was named co-winner of a national prize awarded to the best book published in the field of alternative dispute resolution.

Formerly the Executive Director of the Program on Negotiation, Marjorie Corman Aaron is a Visiting Assistant Professor and Executive Director of the Center for Practice in Negotiation  and Problem Solving at the University of Cincinnati College of Law. She teaches courses in alternative dispute resolution, mediation and negotiation.

MedLee

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 MedLee 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 MedLee. 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 MedLee 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:

MedDevice, a U.S.-based Fortune 500 company that manufactures high technology medical equipment, and Lee Medical Supply, a small Thailand-based company that distributes medical equipment in Southeast Asia, seek to conclude a joint venture. The venture, to be named MedLee, Ltd., will take the form of a Bangkok sales office that distributes MedDevice brand medical equipment. The CEOs have met and signed a Memorandum of Understanding. They have now instructed their subordinates (Pat Armstrong, the Director of International Strategic Market Research at MedDevice, and T.S. Lee, the Vice President and son of the owner of Lee Medical Supply) to conduct preliminary negotiations on four issues they consider central to the joint venture: decision making, staffing, profit distribution, and a conflict resolution mechanism. MedDevice and Lee Medical Supply differ greatly in their corporate cultures, which are shaped by their national cultures and the demands of their respective industries. MedDevice, a publicly traded company in a highly regulated industry, is rule-oriented, efficient, structured, data driven, and merit-based. Lee Medical Supply, a family-owned and operated company, places a high value on relationships and family loyalty, and favors informal consensus arrangements over rules. The respective negotiators must develop a way for companies with such divergent cultures to work together.

 

SUBJECTS:

Joint ventures; cross-cultural negotiations; agent-principal tensions

 

MAJOR LESSONS:

  • Handling the challenges involved in preparing for and conducting cross-cultural negotiations.
  • Recognizing and dealing with divergent assumptions and perspectives.
  • Bridging cultural differences and communicating effectively across cultures.
  • Handling agent-principal tensions.

 

Minimum Participants: 2

Preparation Time: 30 min. – 1 hour

Negotiation Time: 90 min. – 2 hours

Debriefing Time: 30 min. – 1 hour

 

Teacher’s Package (30 pages total) includes:

  • Participant materials
  • 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 MedLee Enhanced Package click here.

Nazi Party of America v. Town of Hokey

SCENARIO:

The Nazi Party of America has paid a non-refundable $5,000 deposit to the Convention Center in the Town of Hokey (population 100,000-55,000 Jewish). The American Civil Liberties League (ACLL) is representing the Nazi Party in petitioning the Board of Selectmen to permit a parade that will travel through the center of town and pass many Jewish homes with residents who still vividly remember the Holocaust. The Town of Hokey is in an uproar, and the issuance of the permit has become a national political issue. There is little doubt that if the permit is not issued the whole convention will move to another heavily Jewish community. The Attorneys for the Town and the ACLL are scheduled to meet to discuss the possibility of reaching some agreement. The meeting of the Board of Selectmen meet to vote on the issuance of the permit is imminent.

 

MECHANICS:

This case can be configured either one-on-one or two-on-two. Negotiation time may range from 10-60 minutes, review from 15-60 minutes, both depending on the goals and the amount of preparation. (No precedents are given in the case, but obviously many exist that can be researched.) Videotaping highlights nonverbal communication.

 

MAJOR LESSONS:

  • This case puts Carol Gilligan's two "voices" of rights and caring directly at odds in a value-laden political context with high salience for many people. This sets up discussion of a series of issues, including: Whether and how the two concerns can be reconciled? What constitutes "objective" criteria in a case like this–is some fundamental value consensus needed for the concept to have meaning and/or functionality?
  • How does internal conflict over these issues manifest itself in verbal and nonverbal behavior? What differential effects do different negotiation techniques have on the level of conflict–can partisan perceptions be strengthened by some approaches, greater understanding promoted by others? Which is desirable on an individual or societal level?
  • The case also raises a variety of issues related to politicization, and to conflicts of interests between local and national interest groups and between short- and long-range goals.

 

TEACHING MATERIALS:

Role Specific:

Confidential Instructions for the:

  • Town Attorneys
  • American Civil Liberties League Attorneys

 

Teacher's Package:

  • All of the above


PROCESS THEMES:

Authority; BATNA; Communication; Constituents; Credibility; Emotions; Ethics; Fairness; Gilligan, two voices; Lawyering; Legitimacy; Media; Objective criteria; Partisan perceptions; Precedents; Pressure tactics; Public opinion; Separating the people from the problem; Threats