$0.00 – $6.00
Robert Bordone and Jonathan Cohen, adapted from PONS Negotiation by Nevan Elam and Whitney Fox
Four-person, two-party, two-round between a former couple and their lawyers regarding the knowing transmission of DONS, a fatal disease communicated through sexual intercourse
Set in 2021 in the fictional state of Ames, this simulation involves an attempt to negotiation a settlement between two former sexual partners, Chris Wilson and Pat Stevens. At the time of her relationship with Pat, Chris knew that she was infected with the deadly DONS virus, which can only be transmitted through sexual intercourse. Chris did not disclose her DONS-positive status to Pat and proceeded to have unprotected sexual intercourse with him. After her relationship with Pat ended, and following counseling, Chris regretted what she had done and informed Pat that she had had the DONS virus during their relationship. After testing positive for DONS in a home self-test kit, Pat informed Chris that he planned to file suit. Chris responded that this should not be necessary as their lawyers should be able to work out a settlement.
With this general background, the lawyers meet with their clients in Round One of this exercise. During these preparatory meetings, each client discloses a new fact to his/her lawyer: Chris discloses the fact that she has inherited a great deal of money, and Pat discloses the fact that he is actually DONS-negative based on more precise lab testing. Neither Chris nor Pat wants this new information to be disclosed to the other party. In Round Two, the lawyers meet to discuss settlement.
- This negotiation is designed to address ethical difficulties about disclosure and the ABA Model Rules of Professional Conduct.
- This negotiation is also an excellent vehicle for discussing broader issues regarding principal/agent tensions.
Teacher's Package includes:
- Participant materials
- Teaching note
DONS Negotiation Attributes
|Time required:||2-3 hours|
|Number of participants:||4|
|Neutral third party present:||None|
|Teaching notes available:||Yes|
|Non-English version available:||French, Spanish, German|