Bruce Patton (adapted by Sheila Heen)Four-party, two-stage negotiation between an auto mechanic and a client and their respective attorneys over a disputed repair bill; first stage involves lawyer-client interviews and second stage involves negotiation
Note: This simulation may be used in conjunction with the PON video Lawyers and Clients: The Initial Interview, available from the TNRC in videotape, DVD or downloadable format. The Lawyers and Clients video is based on the same fact pattern as this four-party version of Eazy’s Garage.
Note: This simulation is also available in a two-party (lawyers only) version here.
Susan Garfield has a billing dispute with John Eazer, owner of a local garage, over some work done on Garfield’s car. Finding the bill significantly higher than the original informal estimate, Garfield angrily confronted Eazer. Eazer prepared a second bill at an even higher figure. Frustrated, Garfield returned to the garage after closing time with a spare key and drove her car home, without paying anything. Eazer turned to his child-in-law, an attorney, wishing to file a criminal complaint. When phoned, Garfield referred the attorney to her father, a senior partner in a local law firm. Garfield’s father is letting one of his young associates handle the case. The negotiation involves both lawyers, and may or may not involve clients Susan Garfield and John Eazer as well.
This simulation involves 1-2 hours of preparation (preferably outside class), 30-45 minutes of lawyer-client interviews, and 30-45 minutes of negotiation. The negotiations may involve lawyers only or lawyers and clients, at the instructor’s (or students’) discretion.
- Importance of lawyer-client interviewing skills, particularly in a negotiation context
- Roles of lawyers and clients in negotiation, and possible tensions in the lawyer-client relationship
- Tension between empathy and assertiveness, especially in the context of a long-term relationship.
- The relevance and uses of objective criteria.
- Negotiating in the shadow of the law (and under the threat of a possible lawsuit).
- Balance among short-term and long-term interests, including financial, relationship, reputation, and emotional interests.
- Questions about what constitutes “success” in this negotiation? Is it making the other side back down? Avoiding litigation? Getting a “fair”deal? What are the criteria for a “good” outcome in negotiation?
Confidential Instructions for:
- John Eazer
- John Eazer’s Attorney
- Susan Garfield
- Susan Garfield’s Attorney
- Sample Preparation Memo
- All of the above
- Teaching Note
Anchoring; Apologies; Attorney/Client relations; Authority; BATNA; Bluffing; Communication; Education, as a means; Emotions; Ethics; Joint gains; Information exchange; Lawyering; Legitimacy; Litigation analysis; Meaning of “success”; Objective criteria; Offers, first; Partisan perceptions; Principal/agent tensions; Public opinion; Relationship; Separating the people from the problem; Systems of negotiation; Threats; Yesable propositions
Eazy's Garage Attributes
- Time required:
- Number of participants:
- Teams involved:
- Agent present:
- Neutral third party present:
- Teaching notes available:
- Non-English version available:
PON Teaching Negotiation Resource Center
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 will have one week to download your materials from when you receive the email. You are then only authorized to use, print, or share the materials as many times as the number of copies you purchase. The TNRC charges for use of this simulation on a per-participant basis. Therefore, you must purchase a separate copy of this simulation for each person who will be participating, regardless of the number of roles in the simulation. You will only receive a link to one electronic file, which includes all general instructions, confidential instructions, and any teaching notes for the simulation. You should separate out the instructions before distributing to participants.
If you select the hard copy option, you will receive paper copies of this role simulation via the shipping method you select.
For additional information about the soft copy option, please visit our FAQ section, or contact the PON Teaching Negotiation Resource Center at firstname.lastname@example.org or 800-258-4406 (within the U.S.) or 301-528-2676 (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 email@example.com, 800-258-4406 (within the U.S.), or 301-528-2676 (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, a PDF, or soft copy, version of the Teacher’s Package for the simulation is available as a free download from the description page of most role simulations and case studies. 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.
Ordering copies for multiple participants
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 “Quantity.” There is no need to calculate how many of each role is required.
If you are ordering hard copies, 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 “Quantity.” 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.