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A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchange "consideration" to create "mutuality of obligation."

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Books

original
Book

David Lax & James Sebenius

A path-breaking introduction to the "three dimensions" of complex negotiated deal-making: table tactics, deal design, and the crucial but often overlooked dimension of setup
original
Book
Robert Mnookin offers practical advice for the most challenging conflicts -- when you are facing an adversary you don't trust, who may harm you, or who you may even feel is evil.
original
Book

Roger Fisher and Daniel Shapiro

Winner of the 2005 CPR Award for Excellence in ADR (Outstanding Book Category). Practical and straightforward advice to use emotions to turn a professional or personal disagreement - big or small - into an opportunity for mutual gain.
original
Book
Winner of the 2000 CPR Award for Excellence in ADR (Outstanding Book Category)
original
Book

Hal Movius and Lawrence Susskind

A prescriptive, tools-driven model for aligning organizational structures, processes and culture with negotiation goals, in order to transform organizational negotiation capabilities into a competitive advantage
original
Book
By Susan L. Podziba. Civic fusion is when people bond to achieve a common public goal, even as they sustain deep value differences. This book offers proven strategies for moving polarized parties to consensus solutions based on the author's 25 years of mediation experience, including working with pro-life and pro-choice leaders after fatal shootings at women's health clinics, crane industry and union representatives to develop federal worker safety regulations, and citizens of a failed city that reclaimed their democracy by writing a consensus charter.
original
Book

Lawrence Susskind, Sarah McKearnan & Jennifer Thomas-Larmer

Winner of the 1999 CPR Award for Excellence in ADR (Outstanding Book Category)

Role Simulations

Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Aerospace InvestmentBalancing Venture and Relationship Capital

Nicholas Sabin
Two-party term sheet negotiation between a venture capitalist and the founder of an aerospace start-up company in which participants are scored both on their substantive performance and on the other party's perception of the relationship
Role Simulation
The Consensus Building Institute
Six-party nonscorable negotiation among nonprofit, business, and community representatives regarding the most appropriate methods for fund raising and distributions
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Amending Approval for the Storyville Pulp and Paper Mill

Consensus Building Institute and Alberta Environmental Appeal Board
Mediation of a three-party dispute among a paper mill, a community group, and an environmental regulatory agency over the paper mill's air pollution permit
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Ancolet Corp. v. Elson Realty Trust

JAMS/Endispute
Role Simulation
Taline Aharonian and Agieszka Klich
Complex 13-party, two-team facilitated negotiation between private citizens from both sides of an actual long-term ethnic conflict
Role Simulation
International Relations Negotiation Role-Play:

Arms Control on Cobia

P. Terrance Hopmann
Multi-issue arms control negotiation among representatives of eight fictional countries
Role Simulation
Labor Relations Negotiation Role-Play:

Axis Affair

Anita Ramasastry and Erin Monaghan
Two-party negotiation between attorneys for a male executive and a recently terminated female employee regarding allegations of sexual harassment and gender discrimination
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Bakra Beverage

Dan Vogel, under the supervision of Robert Bordone and Gillien Todd
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Bankruptcy Multiparty Negotiation Simulation

James Emerson with Ben Longoria, under the supervision of Professors Robert Mnookin and Lawrence Susskind
This exercise is a six-party simulation of multiparty negotiations in a bankruptcy (reorganization) and mass torts context. The simulation represents a ...
Role Simulation
Cross-Cultural Negotiation Role-Play:

Big Pipeline in Swagwit

Kelly Davenport, Pat Field and Lawrence Susskind
Two-party, two-issue integrative negotiation between representatives of a construction company and a Native American group regarding allocation of construction jobs
Role Simulation
Catherine Preston and Lawrence Susskind
Five-issue negotiation between three factory representatives and three Federal Environmental Agency representatives over the factory's new operational agreement, in the context of harsh public criticism of both parties
Role Simulation
Labor Relations Negotiation Role-Play:

Brachton Collective Bargaining Exercise

Two-team, multi-issue employment contract negotiation between three teachers' union representatives and three school committee representatives; includes internal team meetings before external negotiations
Role Simulation
Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues
Role Simulation
Mediation Role-Play:

Broken Benches

Author(s): Marjorie Corman Aaron and JAMS/Endispute
Four-person mediation and/or arbitration of a personal injury claim, among plaintiff, plaintiff's lawyer, and counsel for defendant's insurance company; arbitrator roles include possible plaintiff or defense bias
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Bullard Houses

Ron Karp, David Gold and Mox Tan
Two-party, multi-issue real estate negotiation between representatives for a buyer and seller, where BATNAs are important
Role Simulation
Media / Communications Negotiation Role-Play:

Camilia Pictures

Robyn Cali and Robert C. Bordone
Two-party, multi-issue, potentially integrative settlement negotiation between lawyers for a large entertainment conglomerate and its wholly-owned film production company over the rights to a new documentary film and the clients' future relationship
Role Simulation
Cross-Cultural Negotiation Role-Play:

Canada-China Panda Acquisition Negotiation

Stephen Weiss
Two-team (6 person), multi-issue contract negotiation between Canadian zoo CEOs and representatives of Chinese organization responsible for giant panda loans
Role Simulation
Family Negotiation Role-Play:

Carter Estate Problem, The

Mark Drooks, Andrew Tavel, Kenneth Hyatt, Mark Gordon, and Bruce Patton
Two-party, multi-issue integrative negotiation between brothers over the settlement of their father's estate
Role Simulation
Community Dispute Negotiation Role-Play:

Changing Times for the Senior Center in Redwood Hills

Connie Ozawa
Multi-party, multi-issue facilitated negotiation for five or six players representing civic and business leaders and owner of a senior center regarding the expansion of other groups' use of the center
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Chemco, Inc.

Wendy Pabich and Lawrence Susskind
Six-person, five-issue negotiation between three industrial factory representatives and three environmental agency representatives over environmental and economic concerns in the wake of damaging negative publicity for both parties
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Clarke v. California Insurance Co., et al.

Harvard Negotiation Project and Hastings College of Law
Two-party distributive negotiation between counsel for an insurance company and the insured regarding a disability benefits settlement
Role Simulation
Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a small, beachfront community.
Role Simulation
Seven-person, multi-issue facilitated negotiation among local government, community, business, and environmental representatives trying to reach agreement on a strategy for managing climate change risks in a medium-sized coastal community
Role Simulation
Lawrence Susskind, Charles Hecksher, and Elaine Landry
Two-team, multi-issue collective bargaining contract negotiation between three union representatives and three management representatives for a telephone company; includes an internal team meeting before external negotiations
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Contract Negotiations in the Building Trades

Lawrence Susskind
Nine-party, multi-issue contract negotiation among three coalitions involved in the building trades; includes internal coalition meetings before the external negotiations
Role Simulation
Environment and Sustainability Negotiation Role-Play:

DEC v. Riverside

David Lax, James Sebenius, Lawrence Susskind, and Thomas Weeks
Two-party, multi-issue, scoreable negotiation between a manufacturer and a state environmental agency to reach a settlement over the manufacturer's pollution of a local river
Role Simulation
Public Dispute Negotiation Role-Play:

Development Dispute at Menehune Bay

Lawrence Susskind, Thomas Dinell, and Vicki Shook
Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii
Role Simulation
John Forester
Two-party, three-issue, scoreable negotiation between a developer and a city planner over the design, process, and affordability of a proposed housing development
Role Simulation
Public Dispute Negotiation Role-Play:

Development on Bay Island

Rafael Montalvo and Bruce Stiftel
Two-party distributive negotiation between a developer and a city representative over the amount of money the developer will pay the city to defray costs associated with development
Role Simulation
Community Dispute Negotiation Role-Play:

Dioxin - Waste to Energy Game

Denise Madigan, Steve Foster, and Lawrence Susskind
Six-party, multi-issue negotiation among four scientists, a city representative, and an environmentalist to develop the city's solid waste management strategy; also known as: Dioxin: Resource Recovery.
Role Simulation
Pat Aaron
Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts
Role Simulation
Environment and Sustainability Negotiation Role-Play:

DirtyStuff I

Lawrence Susskind
Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product
Role Simulation
Environment and Sustainability Negotiation Role-Play:

DirtyStuff II

Jeffrey Litwak and Lawrence Susskind
Six-person, multi-issue facilitated negotiation among industry, environmental, consumer/community, labor, and government representatives to develop single-text regulation of toxic industrial by-product
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Discount Marketplace and Hawkins Development

Lawrence Bacow
Two-party negotiation between a shopping center developer and a prospective anchor tenant over the terms of the proposed lease's "use, assignment, and subletting" clause
Role Simulation
Cross-Cultural Negotiation Role-Play:

DS-30

Robert Ricigliano and Victor Issraelyan
Two-party, integrative international negotiation between representatives of two neighboring countries over compensation for pollution in one of the countries caused by an industrial accident in the other country
Role Simulation
Environment and Sustainability Negotiation Role-Play:

East Falls Brownfields

Tracy Dyke, under the direction of Lawrence Susskind and Susan Podziba
Seven-person, non-scoreable, facilitated negotiation among planners, regulators and activists regarding the cleanup and redevelopment of environmentally contaminated property

Case Studies & Articles

Video and Audio

original
Videos and Audio

Carri Hulet (producer), under the supervision of Lawrence Susskind

Highlights of dialogue from a two-day workshop on deliberative democracy and dispute resolution approaches to civic engagement

The Great Negotiator Collection

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