JAMS/ EndisputeTwo-party negotiation between representatives of a company and an employee over the terms of termination and severance pay amid charges of past sexual harassment by the employee
Arthur Hangtough has been employed by Enterprise Manufacturing Corporation (EMC) for 15 years. He currently holds the position of Vice President for Personnel and Labor Relations. The new company president has threatened to discharge Hangtough, who has no employment contract; Hangtough claims he would fight a discharge.
The president is concerned about Hangtough because of the possibility of his involvement in a conflicting commercial venture, failure to meet ostensible performance objectives, and recent sexual harassment charges filed against Hangtough. Hangtough claims that he is being attacked unfairly because he insists on avoiding any legal hedging at work. He also alleges that he is being discriminated against because of his age.
Unbeknownst to EMC, Hangtough wants to leave EMC immediately to accept a better job offer. Unbeknownst to Hangtough, EMC wants Hangtough to leave immediately in order to hire a promising new employee. In this context, two attorneys for EMC and two attorneys for Hangtough are meeting to discuss the issue of Hangtough’s potential termination.
- Both parties want to have the termination issue settled immediately, without revealing their reasons to the other side. This raises interesting questions about the effect of time pressures on the negotiation.
- Each party has information about which the other party is unaware. How does one decide when, how, and what to disclose?
- Both parties have very different narratives about Arthur’s employment history, and different viewpoints about what should be done going forward. Is it possible to reconcile these narratives? Is it necessary? Does the outcome somehow reflect one or both narratives.
- Each party has a potential legal “threat” against the other: EMC has a potential sexual harassment claim against Hangtough, and Hangtough has a potential age discrimination claim against EMC. What effect did the existence of these potential claims have on the negotiation dynamics — whether or not they were voiced explicitly?
Teacher’s Package includes:
- Participant materials only
Matter of Arthur Hangtough Attributes
- Time required:
- 1-2 hours
- Number of participants:
- Teams involved:
- Agent present:
- Neutral third party present:
- Teaching notes 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 email@example.com 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 firstname.lastname@example.org, 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.