Public Dispute Negotiation Role-Play:

Development Dispute at Menehune Bay

Lawrence Susskind, Thomas Dinell, and Vicki Shook
Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii

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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:

The Queen Malia Estate has entered into an agreement with the Elima Iki Development Company (EIDC) for the leasing of 500 acres of land around Menehune Bay in Hawaii. EIDC is planning a world-class resort for the site – including eight hotels, two golf courses, recreational clubs, and private condominium units. The project has support from the business and construction community on the island but faces opposition from environmental groups and local residents. The Mayor has remained fairly noncommittal about the project, and feels that a number of questions must be answered before he can decide on the proposal. He has invited designated representatives from the six groups most interested in the project to serve on a Special Advisory Committee, indicating that if five of the six groups can reach an agreement, he will go along with their recommendations.

 

MAJOR LESSONS:

  • Successful facilitation of mediation of land use disputes involves attention to procedural concerns. The role of the neutral in establishing procedural guidelines should be clearly understood by all parties before substantive negotiation begins.
  • It is difficult to ensure that all participants in a complex negotiation have a chance to be heard, and that the ideas expressed accumulate in a constructive fashion. One of the primary tasks of the facilitator or mediator is to ensure that an acceptable record of all discussions is kept.
  • The facilitator or mediator is responsible for making sure that the group arrives at final decisions that resolve the issues at hand. It is often as difficult to get a group of disputants to agree on a process for deciding as it is to reach an agreement.
  • Inventing new options is critical to finding a workable agreement in a complex public dispute. The line between facilitation and mediation begins to blur as the neutral facilitator takes a more active role in the invention of new options.

 

ADDITIONAL NOTES:

Available on its own or as part of the Resolving Public Disputes package

 

TEACHING MATERIALS:

For all parties:

  • A Brief History on the Proposed Project
  • Map 1: Estate Lands
  • Map 2: The proposed Site

 

Role Specific:

  • Confidential Instructions for Representatives of the following groups:
  • Construction Now Hawaii
  • Development Information Association
  • Elima Iki Development Company
  • Hawaii’s Friends of the Environment
  • Menehune Bay Users Association

 

Teacher’s Package (31 pages total):

  • All of the above
  • Teaching notes

 

KEYWORDS:

Multi-party negotiations; mediating land use disputes; aboriginal rights; environmental dispute resolution; mediation

 

THEMES:

Agenda control; Coalitions; Consensus building; Ethics, Integrative bargaining; Objective criteria

 

MECHANICS:

This simulation requires seven players — representatives of each of the six major interests plus a facilitator. The players should be given 30-40 minutes to read the game, and 90 minutes to negotiate. The debriefing takes at least one hour.

 

Development Dispute at Menehune Bay Attributes

Time required:
2-3 hours
Number of participants:
7
Teams involved:
No
Agent present:
None
Neutral third party present:
Facilitator
Scoreable:
No
Teaching notes available:
Yes
Non-English version available:
Japanese
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.