This is a two-party negotiation between the attorney for an injured party (Adam Sidwell) and general counsel for a toy equipment manufacturer (Kiddie Craze, Inc., or KCI), regarding the possible settlement of a personal injury lawsuit. 42-year-old Sidwell was rendered a paraplegic after diving headfirst onto KCI's Super Slipster toy, a long plastic slide that becomes extremely slippery when wet. If the attorneys do not reach a settlement, the case will proceed to a jury trial.
The tension between value creation and value distribution, along with basic distributive negotiation concepts such as reservation value, aspiration value, anchoring, best alternative to a negotiated agreement (BATNA), and zone of possible agreement (ZOPA).
The importance of preparation. Each party is given a fairly large amount of information, much of it quantitative. These materials can be used to create objective criteria that could be useful during the negotiation.
The effects of information asymmetries and information disclosure and/or non-disclosure on the negotiation process.
The benefits and challenges inherent in negotiating as a representative rather than as a principal.
The dynamics particular to negotiating in the shadow of the law (i.e., when the alternative to reaching agreement is clearly litigation).
Prof. Susskind’s Top 5 Environmental Negotiation Teaching Materials
From time to time, the Teaching Negotiation Resource Center asks PON-affiliated faculty to nominate their top five books, top five teaching videos or top five role-play simulations in certain fields or teaching settings. These change periodically.