Bruce Patton
Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill
Note: This simulation is also available in a four-party version (with roles for two lawyers and two clients) here.
NEW – ALL-IN-ONE CURRICULUM PACKAGE
If you are looking to go in-depth on the fundamental negotiation concepts and track learning outcomes, the Eazy’s Garage All-In-One Curriculum Package will provide you with everything you need. The All-In-One Curriculum Package makes it easy to teach negotiation and includes materials for the instructor as well as for students.
Materials include:
- Instructor’s Guide – Guide for instructors on negotiation concepts, simulation logistics, and debriefing simulation participants.
- Instructor Background Reading List – List of background readings for instructors to complete before using the simulation to gain a better understanding of the negotiation concepts.
- Student Background Reading List – List of background readings for students to complete before the simulation to gain understanding of the negotiation concepts.
- Confidential Role Instructions – Confidential role-specific materials for participants in the exercise.
- Pre-Negotiation Surveys – After completing the background reading and/or presentation of the negotiation concepts, participants complete the online Pre-Negotiation Survey to benchmark their understanding of the key learning points the game is intended to teach.
- Agreement Outcome Form – Participants reporting the results of any agreements reached in the simulation.
- Post-Negotiation Survey – After finishing the simulation, but before the debrief, participants fill out the Post-Negotiation Survey so Instructors can gauge participants understanding of the issues and concepts.
- Class PowerPoint Presentation – The first part of the PowerPoint slide deck is for the instructor to use to introduce negotiation concepts, how to participate in a negotiation simulation, and Eazy’s Garage. The second part is for the instructor to use in debriefing the simulation with participants.
- Feedback Survey – At the conclusion of the exercise, participants can give feedback on the process and outcomes.
To order this package, you must purchase a minimum of ten copies. A separate copy must be purchased for every participant in the exercise. The materials are all single use and must be re-purchased for subsequent uses.
SCENARIO:
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.
MECHANICS:
This case takes 30-45 minutes to negotiate, either one-on-one or two-on-two. Debriefing can take from 45 minutes to 2 hours.
TEACHER’S MATERIALS:
Role Specific:
Confidential Instructions for:
- John Eazer’s Attorney
- Susan Garfield’s Attorney
- Optional Mediator (Spanish version only)
- Sample Preparation Memo
Teacher’s Package (30 pages total):
- All of the Above
- Teaching Note (English version only; non-English versions do not include a Teaching Note)
MAJOR LESSONS:
- 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.
- Role of agents (such as lawyers) in negotiating a resolution to an emotional dispute between clients with a long-term relationship.
- 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?
PROCESS THEMES:
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; Public opinion; Relationship; Separating the people from the problem; Systems of negotiation; Threats; Yesable propositions.
ENHANCED VERSION AVAILABLE:
A digitally enhanced version of this simulation is available through the iDecisionGames platform and includes the following features:
- An Instructor’s Guide summarizing the negotiation concepts covered in the simulation, a quick review of simulation logistics, and a ready-to-use set of debriefing slides;
- Highlights from background readings that will help both students and instructors gain a better understanding of negotiation concepts and methods covered in the simulation;
- Pre- and post-simulation questionnaires instructors can use gauge each student’s grasp of the core concepts before and after participating in the simulation;
- PowerPoint slides that introduce key concepts before the simulation and highlight lessons for debriefing;
- Real time, interactive, data analytics provided via the iDecisionGames platform.
Eazy's Garage - Two-Party Attributes
| Time required: | 1-2 hours |
|---|---|
| Number of participants: | 2 |
| Teams involved: | No |
| Agent present: | Lawyer |
| Neutral third party present: | None |
| Scoreable: | No |
| Teaching notes available: | Yes |
| Non-English version available: | Bulgarian, German, French, Spanish |
