Business and Commercial Dispute Negotiation Role-Play:

Ancolet Corp. v. Elson Realty Trust

JAMS/Endispute

What to Buy?

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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 781-966-2751 (outside the U.S.)

SCENARIO:

Ancolet Corporation is a small manufacturing company. They rent space from Elson Realty Trust. Recently, Ancolet needed to re-configure their space in order to make room for new equipment. They made a deal with Elson, and Elson employees began construction. Many problems ensued. Ancolet put its rent payments in an escrow account for the last several months in protest. They are now suing Elson for lost revenue due to the damage done to their machines and the business lost during the construction. Elson counter-sued for the rent due. The judge wants the case settled before it comes to trial. Now the lawyers and their clients are meeting to discuss settlement.

 

TEACHING MATERIALS:

For all parties:

  • General Instructions
  • Statement of Damages

 

Role specific:

  • Elson (and counsel)
  • Ancolet (and counsel)

 

Teacher’s package:

  • All of the above

 

MAJOR LESSONS:

  • The potential tension between preserving a good working relationship and pressing hard for what might be seen as substantive concessions is a central concern.
  • One side is specifically told that they are tough negotiators. It is interesting to see how that affects their style during the actual negotiation.
  • There is an enormous gap between how much money Ancolet wants to receive and how much Elson is willing to pay. A lot of creativity is required in order to settle this case.
  • There is a very small zone of agreement.

 

SIMILAR SIMULATIONS:

 

 

Ancolet Corp. v. Elson Realty Trust Attributes

Time required:
2-3 hours
Number of participants:
5
Teams involved:
Yes
Agent present:
Lawyer
Neutral third party present:
Mediator
Scoreable:
No
Teaching notes available:
No
Non-English version available:
Spanish
PON Teaching Negotiation Resource Center

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Soft copy vs. hard copy

You may order this role simulation in either soft copy (electronic) or hard copy (paper) format. If you select the soft copy option, you will receive an e-mail with a URL (website address) from which you may download an electronic file in Adobe Acrobat PDF format. You are then permitted to view the document on your computer and either print the number of copies you purchased, or forward the electronic file as many times as the number of copies you purchased. You will only receive a link to one electronic file per document. So, if you order 25 soft copies, you may either forward copies of the link to 25 people via e-mail, or print (and/or photocopy) 25 hard copies of the document.

If you select the hard copy option, you will receive paper copies of this role simulation via the shipping method you select.

The purchase price and handling fee are the same for both soft and hard copies. Soft copies do not entail a shipping fee.

For additional information about the soft copy option, please visit our FAQ section, or contact the PON Teaching Negotiation Resource Center at tnrc@law.harvard.edu or 800-258-4406 (within the U.S.) or 781-966-2751 (outside the U.S.).

Please note: At the present time, Teaching Negotiation Resource Center soft copies are compatible with the following versions of the Adobe Acrobat Reader: English, German, French, Spanish, Swedish, Portuguese, Japanese, and Korean. If you have a different version of the Acrobat Reader, you may wish to download one of these at http://www.adobe.com/products/acrobat/readstep2.html, or contact the PON Teaching Negotiation Resource Center at tnrc@law.harvard.edu, 800-258-4406 (within the U.S.), or 781-966-2751 (outside the U.S.) for further assistance. This restriction does not apply to the freely available Teacher’s Package Review Copies.

Ordering a single copy for review

If you wish to review the materials for a particular role simulation to decide whether you’d like to use it, then you should order a single Teacher’s Package for that role simulation. A PDF, or soft copy, version of the Teacher’s Package is also available as a free download from the description page of most role simulations and case studies. There is no need to order participant materials as well as a Teacher’s Package, as all Teacher’s Packages include copies of all participant materials. In addition, some Teacher’s Packages (but not all) include additional teaching materials such as teaching notes or overhead masters. Please note that the materials in Teacher’s Packages are for the instructor’s review and reference only, and may not be duplicated for use with participants.

Ordering copies for multiple participants

If you wish to order multiple copies of a role simulation for use in a course or workshop, simply enter the total number of participants in the box next to “Participant Copies.” There is no need to calculate how many of each role is required; the Teaching Negotiation Resource Center will calculate the appropriate numbers of each role to provide, based on the total number of participants. For example, if you wish to order a 2-party role simulation for use with a class of 30 students, you would enter “30” in the box next to “Participant Copies.” You then would receive 15 copies of one role and 15 copies of the other role, for use with your 30 participants. As another example, if you ordered 30 participant copies of a 6-party role simulation, you would receive 5 copies of each role.

In the event that the number of participant copies you order is not evenly divisible by the number of roles in the simulation, you will receive extra copies of one or more roles. Participants receiving the extra roles may partner with other participants playing the same role, thus negotiating as a team. So, for instance, if you ordered 31 copies of a 2-party role simulation, you would receive 15 copies of the first role and 16 copies of the second role. One of the participants playing the second role would partner with another participant playing that same role, and the two would negotiate as a team.