Dirty Laundry

SCENARIO:

Marty Kasenberg, a regular customer of Yee Chin Cleaners brought several customized shirts to Yee to be laundered. Upon return to pick up the laundry, it was found the shirts had been destroyed. Marty is now seeking repayment of all the shirts that was left. Yee has apologized, and intends to make reimbursement. However, the two parties maintain differing views on the value of the shirts and reasonable compensation.

 

MECHANICS:

The arrangement of the mediation is left up to the mediator. The mediator may caucus, hold a joint session or both. The entire exercise could run from 30-60 minutes. Observations by two or more parties can be very useful for review purposes. Videotaping participants can also enhance follow-up discussions. " A Brief Outline of the Mediation Process", is useful background reading for the mediator. "An Actual Small Claims Mediated Agreement," is useful as follow-up reading for all parties, especially if mediators have been asked to draft any agreement reached. (Hand this out after the mediators have finished their own try at drafting.)

 

MAJOR LESSONS:

  • This case is useful as a training tool for small claims mediators. It provides an opportunity for the mediator to determine what meeting design is most beneficial for gathering information and discovering bottom lines.
  • Participants should be able to recognize creative options after assessing the various interests.
  • The importance of letting parties vent their anger stimulates focus on the role of emotions in mediation. What effect might this have on attaining an agreement? What role does it play in trying to rebuild a relationship?
  • Detailed review of precise language, ordering of issues, use of caucuses, and framing of issues can be enormously rewarding. Close observation and/or videotaping is invaluable, although student-student review is useful.
  • Small claims mediation skills can be thoroughly tested when the mediator attempts to deal with the anger, the differing views in value, and legitimacy.

 

TEACHING MATERIALS:

Role Specific:

Confidential Instructions for:

  • Marty Kasenberg
  • Lou Yee Chin
  • Mediator

 

Teacher's Package:

  • All of the Above

 

THEMES:

BATNA; Communication; Credibility; Drafting; Emotions; Fairness; Interpersonal skills; Mediation; Meeting design; Nonverbal communication; Objective criteria; Options, generating; Partisan perceptions; Precedents; Public opinion; Reality testing; Relationship; Reservation price; Separating the people from the problem
MORE PRODUCTS BY PAT AARON:

Rosenberg v. Lincoln Landscaping
Smithfield v. Rudfurd's Home Repairs

Discord at the Daily Herald

SCENARIO:

Discord at the Daily Herald is a two party, internal negotiation between co-owners of a newspaper embroiled in management conflicts. J. Blanton and K. Logan are the co-owners of the Daily Herald newspaper. J. Blanton previously worked in the freight-shipping industry, while K. Logan worked in the Logan family media business. The co-owners have become embroiled in conflict over the direction of the paper’s future. As a result of this conflict, K. Logan has terminated the paper’s long-time editor in chief without consulting J. Blanton. K. Logan is seeking an overall shift to a digital-only publishing model in order to expand readership and return to profitability. J. Blanton wants to maintain a more print-based, traditional newspaper model to serve the community. Underlying this management discord are strained relationship dynamics been the owners and plummeting morale among the staff. J. Blanton feels that K. Logan does not take others’ input seriously, and K. Logan feels that J. Blanton is resistant to change and evolution. J. Blanton and K. Logan have also just been informed of a planned staff walkout in protest of management’s erratic leadership and they must now break their previous impasse on these issues to try to avert a crisis. Major lessons of this negotiation include:

  • Importance of agenda setting in multi-issue negotiations.
  • Breaking an impasse in a negotiation.
  • Negotiating with very weak alternatives (BATNA) and under pressure of escalating consequences.
  • Having difficult conversations in relationships with low trust.

MATERIALS: 

  • Teaching Notes
  • Confidential Instructions for J. Blanton
  • Confidential Role Instructions for K. Logan
  • Outcome Form

Discount Marketplace and Hawkins Development

SCENARIO:

Discount Marketplace, one of the largest discount soft goods retailer in the country, has presented its standard lease to Hawkins Development a regional real estate developer. The developer found most of the lease acceptable, after modifications of some provisions. However, negotiations are at an apparent impasse over the "use, assignment, and subletting" clause proposed by Discount Marketplace. In-house leasing representatives from both parties have been asked to resolve this dispute and to finalize the lease.

 

MECHANICS:

This exercise is designed as a one-on-one negotiation but also works well with teams of two representing each side. Individual preparation requires about 15 minutes, whereas teams of two will need slightly more time to coordinate a strategy. The negotiation should take from 20-35 minutes and a productive debriefing can take an hour or more.

The Negotiation of a Commercial Lease video is based on this simulation, and is a useful supplemental tool for debriefing. Instructors also may wish to view the first video in the Program on Negotiation's Negotiation Pedagogy Video Series (Professor Michael Wheeler, Harvard Business School), which depicts an experienced negotiation professor using the Negotiation of a Commercial Lease video in an actual Harvard Business School class.

 

MAJOR LESSONS:

  • Relationships are important in this case. A long-term lease means a long-term relationship; which will enhance a good working rapport.
  • This case is a good vehicle for exploring each other's interests and designing creative options to solve the leasing problem.
  • Discussions should focus on the potential for transforming an apparent zero-sum problem (in which the developer wants use restrictions and the prospective tenant wants a free hand) to one in which joint gain is created. Participants should be encouraged to relate the substance of their agreements to the process by which they uncovered interests and generated options.

 

TEACHING MATERIALS:

For all parties:

  • General Information

 

Role Specific:

Confidential Instructions for:

  • Discount Marketplace
  • Hawkins Development

 

Teacher's Package:

  • All of the Above

 

PROCESS THEMES:

BATNA; Closure; Communication; Interests, dovetailing; Lawyering; Legitimacy; Relationship; Risk aversion; Risk perception; Time constraints; Trust

Negotiation Pedagogy Video Series, Part I
This unscripted video, available separately, shows PON faculty member Michael Wheeler running and debriefing the "Discount Marketplace and Hawkins Development" exercise, interspersed with excerpts from a post-workshop interview with the instructor.
Order the video here.

DS-30

SCENARIO:

Veritas and Pulchra are neighboring countries with a long history of friendly, mutually beneficial relations. Recently, however, relations between the two countries have been strained due to a catastrophic industrial accident wherein a concentrated form of the Class M chemical pesticide DS-30 leaked from a chemical plant in Veritas near the Pulchran border, adversely affecting a large tract of Pulchran farmland. To comply with Pulchran regulations on Class M pesticides, a significant amount of Pulchran wheat had to be destroyed because of excessive exposure to DS-30.

Compensation and emergency relief to affected Pulchran farmers are central issues in that country's upcoming elections, but the Pulchran National Legislature is unwilling to appropriate any money without first getting some commitment from Veritas to pay for the damage it caused. There are a wide range of standards that the two countries could use to determine the amount and nature of compensation. Because of significant political concerns, negotiators from each country's Foreign Ministry have been asked to meet and settle this case quickly.

 

MECHANICS:

The case is designed for one negotiator on each side, though pairing participants and running the case as a 2-on-2 negotiation can also work. The participants should take approximately 30 minutes to negotiate. A review and discussion period requires 45-60 minutes.

 

MAJOR LESSONS:

  • This simulation provides a good vehicle for illustrating various negotiation strategies. There are a fair number of interests with varying intensities, some shared, some dovetailing, and others conflicting. Options for joint gain are plentiful.
  • The range of possible agreements is wide; by comparing agreements the usefulness of generating options should emerge.
  • It almost always pays to maintain cordial working relations with adversaries, even in the face of substantial disagreement. Energy should be focused on solving the problem, not "beating" the other side.

 

TEACHING MATERIALS:

For all parties:

  • General Instructions

 

The following materials may also be distributed as handouts at the end of the exercise:

  • Some possible Criteria for Establishing Reparations
  • Illustrative Preparation Memo

 

Role Specific:

Confidential Instructions for:

  • Pulchra representative
  • Veritas representative

 

Teaching Package:

  • All of the above

 

PROCESS THEMES:

Agenda control; Commitment; Information exchange; Interests; Legitimacy; Options, generating; Personality

East Falls Brownfields

SCENARIO:

East Falls Brownfields is a nonscorable facilitated negotiation among six planners, regulators, and community activists regarding the cleanup and redevelopment of environmentally contaminated property.

The negotiation takes place in East Falls, an old industrial city with a shrinking population and tax base. The Monroe Industries site, an abandoned 15-acre parcel of land contaminated with machine oils, solvents, asbestos, and heavy metals, is a potential danger to the neighborhood. In addition, the condition of the property is discouraging investment in the neighborhood. Residents are very concerned about environmental health threats. The city has brought in an outside developer who is willing to consider redeveloping the site if this can be made financially viable.

The city, the developer, two citizens' groups, an environmental health expert, and a representative from the local business community have gathered to try to agree on a redevelopment plan for the property. Everyone believes that redeveloping the property would be a good idea, but there is no agreement on the specifics of the plan. The parties are trying to reach consensus on what will be built on the property, what type of environmental remediation will occur, how much public assistance will be provided to the developer, and to what extent the developer and the citizens groups will cooperate as the project moves forward.

 

TEACHING POINTS:

  • Redeveloping brownfields typically requires a negotiation among many different stakeholders.
  • The mutual gains approach to negotiation that stresses ‘all-gain’ solutions, rather than win-lose solutions, is likely to be the most effective way to handle brownfields negotiations.
  • Through a process of joint problem solving, it is possible to balance the competing interests of contending stakeholders.
  • Good information is crucial to making intelligent trade-offs in the course of negotiating brownfields redevelopment plans.
  • Trade-offs between cost and risk, as well as between risk and benefit, can be handled most effectively in a consensus-building fashion.
  • Successful consensus building requires the right kind of forum, with the right kind of ground rules, designed jointly by all stakeholders.
  • One of the reasons that brownfields redevelopment negotiations are often difficult is that values, not just interests, are at stake.
  • Community involvement in brownfields redevelopment produces a better ‘product’ with few delays.

 

TEACHING MATERIALS:

General Instructions for all parties:

Confidential Instructions for:

  • President of LandCycle Inc., potential developer of the Monroe Industries site
  • City Planning Director
  • Vice President of East Falls Bank & Trust and Vice Chair of the Chamber of Commerce
  • Director of Citizens for Justice in East Falls (CJEF)
  • Director of East Falls Economic Future (EFEF)
  • Professor of Environmental Health at East Falls Community College, and Technical Advisor to the Task Force
  • Facilitator

 

Teacher's Package includes:

  • All of the above
  • Teaching notes

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.

Ellsworth v. Ellsworth

SCENARIO:

Bill and Ellen Ellsworth are in the midst of a heated divorce. Mrs. Ellsworth instituted a divorce on the grounds of physical and mental cruelty. Her attorney will meet with Mr. Ellsworth's attorney to try to settle out-of-court. The issues with which both sides are primarily concerned are those of alimony, child support, medical insurance, ownership of family residence, custody of the children and visitation rights, division of securities and savings, and legal costs. Both parties want a divorce.

 

MECHANICS:

This case can be set up as a one-on-one or a two-on-two team negotiation. It is sufficiently complex to make teams worthwhile. Usually used toward the end of a negotiation training course, this case requires extensive preparation and involves a moderate amount of income tax law. It is recommended that at least one participant be familiar with personal income tax law. A minimum of 3 hours negotiation time is needed. Three days to run the full exercise is common. Any or all issues can be set for drafting. Agreements on other issues can be outlined.

 

MAJOR LESSONS:

  • The complexities of this simulation provide a good testing ground for the overall negotiating sophistication of participants.
  • Good preparation for the case requires extensive analysis when calculating BATNA's, deciding what client information must be kept confidential, and anticipating the other party's demands.
  • There is considerable opportunity to exploit joint gains by dovetailing compatible interests and using tax law creatively.
  • A variety of ethical issues are raised concerning the disclosure of information to the other side and the balancing of a client's long-term and short-term interests (e.g., revenge).

 

TEACHING MATERIALS:

For all parties:

  • Psychological Evaluation

 

Supplemental Information for Ellen Ellsworth and Bill Ellsworth:

  • Background Information Memo
  • Client Feedback Forms

 

Supplemental Information for Attorney Roles:

  • Background Information Memo
  • Tax Memo
  • Legal Memo
  • Section 208
  • Child Support Guidelines
  • Attorney Report Form

 

Role Specific:

  • Ellen Ellsworth
  • Bill Ellsworth
  • Wifes' Counsel (Ellen Forthcoming Negotiation Memo)
  • Husband's Counsel (Bill Forthcoming Negotiation Memo)

 

Teacher's Package:

  • All of the Above

 

PROCESS THEMES:

Agenda control; Attorney/Client relations; BATNA; Commitments; Competition v. Cooperation; Compliance; Confidentiality; Decision analysis; Drafting; Emotions; Ethics; Fairness; Information exchange; Interests analysis; Interests, dovetailing; Joint gains; Litigation analysis; Meaning of "success"; Misrepresentation; Objective criteria; Options, generating; Personality; Systems of negotiation

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

Fresh Air

Fresh Air, a new low-cost airline, is looking for a headquarters city. It is negotiating with the city of Boston, its top choice for a headquarters location, over an incentive package and airport facilities. Fresh Air plans to build on the brand reputation of its parent airline, which stands for innovation, fun, unparalleled customer service, and empowered employees. It believes that a unique corporate culture and happy customers will allow it to charge lower prices, to fill its planes, and to run profitable operations.

Boston seeks to reinvent itself as a center of American business after years of business decline. The opening of a low-cost carrier would be an important part of this effort. However, in these tight fiscal times, Boston is limited financially. It needs to save money for an important national event coming to the city soon; furthermore, it cannot shortchange its employees and city groups for fear of backlash. Boston also is reluctant to set a bad precedent; if it commits to a substantial incentive package for Fresh Air, future companies considering a move to Boston will expect the same. Boston must also consider how it is viewed politically, in the eyes of its constituents and of other airlines at Logan Airport.

 

TEACHING POINTS:

  • Establishing a process for effective negotiation when balancing multiple issues, some of which are directly related to each other
  • Developing and using objective criteria
  • Distributing value
  • Inventing creative options for mutual gain by exploring the interests of the other party
  • Exploring the tension between distributing and creating value, generally and as regards to sharing information
  • Identifying and deeply understanding interests and evaluating how well a value-creating solution meets these interests
  • Separating the people from the problem; balancing the substance of the negotiation with the development of a workable long-term relationship
  • Preparing for a factually complex, multi-issue negotiation: identifying issues; exploring and anticipating interests; brainstorming creative options; thinking about process

 

TEACHING MATERIALS:

For all parties:

  • General instructions

 

Confidential instructions for:

  • Fresh Air representative(s)
  • City of Boston representative(s)

 

Teacher's Package includes:

  • All of the above
  • Teaching notes

Future of Hebron, The

The Future of Hebron is a role simulation from the Workable Peace Curriculum Series unit on Managing Conflict in the Middle East.

This simulation is set in the West Bank city of Hebron. Although Israeli troops have withdrawn from other Palestinian cities on the West Bank, they continue to control about one-fifth of the city of Hebron on order to protect a Jewish community centered around the Tomb of the Patriarchy and the Il Ibrahami Mosque.

During the last two years, Palestinians living in Hebron have protested continued Israeli occupation, and have sometimes attacked Israelis in the hope of forcing an Israeli withdrawal from the city. At the same time, Israeli settlers and soldiers have arrested and attacked Palestinians whom they see as threats to their security.

Both Palestinian and Israeli leaders have decided that the continuing violence in Hebron will jeopardize the possibility of lasting peace between the two groups. Both leaders fear that extremists groups will use violence to stop the peace process. The leaders are not sure that they can trust each other, let alone representatives of the extremist groups. Nevertheless, the have agreed to hold a meeting in Hebron to discuss land claims, security, and border control.

 

TEACHING POINTS INCLUDE:

  • Importance of clarifying interests
  • Importance of rebuilding lost trust
  • Usefulness of objective criteria
  • Usefulness of neutral facilitators
  • Importance of agenda-setting
  • Importance of understanding the human dimension in ethnic conflict
  • Difficulty of proposing solutions without grasping the complexity of the relationship
  • Challenges in dealing with intra-group dynamics; and causes of inter-group conflict escalation

 

Teacher's Package includes:

  • History and General Instructions
  • Confidential Instructions for Israeli Government Official, Israeli Military Officer, Israeli Settlers Representative, PLO Official, Chief of Palestinian Police for Hebron, and Hamas Supporter
  • Framework for a Workable Peace
  • Master List of Player Goals
  • Teaching Note

 

If you would like additional information about the Workable Peace framework and teaching materials, including information about teacher training and support, please contact Workable Peace Co-Directors David Fairman or Stacie Smith at:

The Consensus Building Institute, Inc.
238 Main Street, Suite 400
Cambridge, MA 02142
Tel: 617-492-1414
Fax: 617-492-1919
web: www.cbuilding.org
Email: stacie@cbuilding.org

Good Offices in a War-Weary World

Since the end of the Cold War, ethnic animosity, unresolved sovereignty claims, and persistent poverty have unleashed renewed violence in dozens of simmering conflicts — creating more pressure than ever to find improved conflict resolution methods. The Consensus Building Institute and the Program on Negotiation at Harvard Law School have identified "good offices" as a particular type of third-party engagement in hot disputes that deserves closer study because it stands out as one of the most viable and least controversial methods of intervention.

A "good offices" provider is a person or organization of some standing that provides a physically and psychologically safe setting for the facilitation of negotiation. The provider's role is to try to help the parties "get to readiness" to negotiate by correcting misperceptions, clarifying issues, and facilitating communication. The good offices provider might be an outside neutral or a group of stakeholders; in either case, an effective good offices provider represents a strong principle or process.

Rich with examples and commentary from experts in the field of public dispute resolution, this video explores the nature, functions, benefits, and potential of the "good offices" role. Speakers include Harvard Law School Professor Emeritus Roger Fisher, MIT Professor Lawrence Susskind, and Fletcher School of Law and Diplomacy Professor Eileen Babbit, as well as distinguished representatives from international conflict management, peacemaking, and aid organizations.

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).

Grocery Store

SCENARIO:

Tensions between the Korean and African-American communities of economically-depressed Urbana have been growing for some time now. Korean-Americans own most of the grocery stores in the area. The African-Americans that make up most of their customer base have complained for a long time that they are ill-treated by the store owners. The owners in turn complain that their customers frequently steal items from the stores.

Recently, an elderly African-American woman's visit to her local grocery store erupted into a city-wide incident. The store owners allege that she was attempting to shoplift. The woman denies this, and claims that she was beaten by one of the owners. Activists on both sides have made grandiose claims on television. The customer and owners have taken legal action. Tensions continue to mount.

Now, a deacon from the local African-American church is meeting with the principal from the Korean-American school to see if they can find a way to lessen the tension surrounding the incident, and the history of such incidents.

 

MAJOR LESSONS:

  • This exercise can provide a forum for discussing many issues, including the effect of culture and ethnicity on partisan formation, the influence of race on conflict, the use of negotiation in the shadow of legal action, choosing representatives for a community, and dealing with one conflict when it is part of a pattern of conflicts.

 

TEACHING MATERIALS:

For all parties:

  • General information

 

Confidential instructions for:

  • Deacon of the African-American Church
  • High School Principal

 

Teacher's package includes:

  • All of the above
  • No teaching note available at this time

 

NOTE: The fact pattern of this simulation is similar to that of Seoul Food in Urbana; the latter is a mediation involving legal representatives of the African-American and Korean-American communities, rather than the community members themselves.

Hans Brandt

Hans Brandt, a short film written and produced by Jeswald W. Salacuse, presents a dramatized problem for use in courses on negotiation, conflict resolution, management, or leadership. The brevity of the film and the richness of the teaching notes make the film highly adaptable for use in a variety of classroom settings.

The viewer is placed in the position of the leader of a software development team that has been successful in creating new products. The leader believes that the team's success has been due to the leader's efforts to develop a sense of cohesion and teamwork among its members. One important element in the team leader's approach is the holding of staff meetings twice a week, at 9 am on Monday and Thursday, for team members to share ideas and resolve problems. Six months ago, the leader's company acquired the U.S. subsidiary of a German software manufacturer. As part of integrating the two companies, Hans Brandt, a German software engineer in his late fifties, was assigned to the leader's team. Brandt attends staff meetings irregularly and says little or nothing when he does attend. Technically brilliant, he has proposed an innovative project idea that the leader's superior have just agreed to fund. When the team leader tells Hans of the company's decision, Hans takes that occasion to announce that due to the demands of the new project he will not be attending staff meetings any longer. He rises to leave. The film ends with a freeze frame of Hans rising from his chair.

Under the guidance of an instructor, students seek to resolve the problem through discussion. It is hoped that a dramatized problem will engage students more actively in discussion than a traditional written case and will also help develop students’ perceptual skills — key assets for any negotiator, manager, or leader. In a further attempt to simulate reality in the classroom, the video seeks to encourage students to react and make decisions in real time. This teaching note is designed to aid instructors in using the film and in conducting the classroom discussion of the various issues it raises, including cross-cultural communication, the tension between empathy and assertiveness, the potential gap between communicative intent and impact, and the risks and benefits of various approaches to conflict management. Attached as appendices to the teaching note are a student questionnaire, which may be reproduced for classroom use, and slide masters that the instructor may use in discussing the film.

 

  • "I like to use short dramatized problems such as Hans Brandt to launch classroom discussions. Video is an attention-getting medium, and it gives students a rich set of common background facts and data for their analyses and recommendations. Moreover, this video is short enough to be used in virtually any class period or training session while leaving plenty of time for discussion. The accompanying detailed teaching notes are intended to help the instructor guide the discussion. I have used this video with great success in both graduate classes and executive education seminars on negotiation, management, and leadership." – Jeswald W. Salacuse, Henry J. Braker Professor of Law, Fletcher School of Law and Diplomacy at Tufts University