Regulation Negotiation Role-Play:

Bog Berries, Inc. v. the Federal Environmental AgencyA Case of Compliance Negotiation

Catherine Preston and Lawrence Susskind
Five-issue negotiation between three factory representatives and three Federal Environmental Agency representatives over the factory's new operational agreement, in the context of harsh public criticism of both parties

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SCENARIO:

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

 

MAJOR LESSONS:

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

 

TEACHING MATERIALS:

For all parties:

  • General Instructions

 

Role Specific: Confidential Instructions for

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

 

Teacher’s Package:

  • All of the above
  • No teaching note currently available

 

KEYWORDS/ THEMES:

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

 

SIMILAR SIMULATIONS:

Carson Extension

DirtyStuff

Dioxin: Waste to Energy Game

Rad Waste I

 

Bog Berries, Inc. v. the Federal Environmental Agency Attributes

Time required:
3-5 hours
Number of participants:
6
Teams involved:
Yes
Agent present:
None
Neutral third party present:
None
Scoreable:
No
Teaching notes available:
No
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.