James K.L. LawrenceLawyers negotiate terms of an employer/employee dispute. The primary characteristic of the Leaves Before the Fall simulation is that the facts set out in each representative’s “confidential instructions” are the same – identical in every respect.
Free review copies of non-English Teacher’s Packages will be emailed upon request. Please contact email@example.com or telephone 800-258-4406 (within the U.S.) or 781-966-2751 (outside the U.S.)
In “Leaves Before the Fall,” lawyers for an employer and a former employee attempt to negotiate a settlement surrounding the employee’s termination due to excessive absenteeism. The employee’s absences resulted from a difficult pregnancy and the subsequent poor health of her newborn child. Much of her leave was guaranteed under the Family and Medical Leave Act (FMLA). She now seeks compensation from her former employer.
The primary characteristic of the Leaves Before the Fall simulation is that the facts set out in each representative’s “confidential instructions” are the same – identical in every respect. Will the participant assume disagreements and disconfirming (contradicting) information – the confirmation bias trap – and engage in positional negotiation? Will they attempt to exaggerate, conceal, and/or lie about the facts? Or will the participants take on a problem-solving mantle and ask open-ended questions, actively listen and search for creative options?
This two-party negotiation simulation was created by James K.L. Lawrence, a partner at the law firm of Frost Brown Todd LLP and an adjunct professor at the University of Cincinnati College of Law with a long historical connection to PON.
1-2 hourse – preparation (preferably outside of class)
10 min. – introductory questions
30-45 min. – negotiation
30-60 min. – debriefing
Confidential Instructions for:
- Attorney for Sharon Stone
- Attorney for Microtech
- Each of the above
- Teaching note
Bluffing, Communication, Competitive/ Cooperative negotiation, Disconfirming Information, Information Exchange, Partisan Perceptions, Risk Perception
Leaves Before the Fall Attributes
- Time required:
- 1-2 hours
- Number of participants:
- Teams involved:
- Agent present:
- Neutral third party present:
- Teaching notes available:
- Non-English version available:
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 firstname.lastname@example.org 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 email@example.com, 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.