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.
For all parties:
Statement of Damages
Elson (and counsel)
Ancolet (and counsel)
All of the above
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.
Prof. Susskind’s Top 5 Environmental Negotiation Teaching Materials
From time to time, the Teaching Negotiation Resource Center asks PON-affiliated faculty to nominate their top five books, top five teaching videos or top five role-play simulations in certain fields or teaching settings. These change periodically.