agreements

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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
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)
original
Book

Roger Fisher, William Ury, and Bruce Patton

A straightforward, universally applicable method for negotiating personal and professional disputes without getting taken-and without getting angry.
original
Book

William Ury

Selected by TIME as one of the best negotiation books of 2015
original
Book

Jeswald Salacuse

In this revised edition, the nature, history, and significance of investment treaties are examined, as well as their impact on international investors and investments, and the governments that are party to them. Recent treaties, trends, and controversy are also discussed.

Role Simulations

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
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
Business and Commercial Dispute Negotiation Role-Play:

Bakra Beverage

Dan Vogel, under the supervision of Robert Bordone and Gillien Todd
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
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
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
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
Values-based / Identity-based Dispute Negotiation Role-Play:

Ellis v. MacroB

Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown
5-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faith
Role Simulation
Family Negotiation Role-Play:

Ellsworth v. Ellsworth

Frank Sander and William Ury
Two-party, multi-issue negotiation between lawyers for a divorcing couple over the terms of the divorce, including alimony, child support, and income tax issues
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Federal Lands Management IMatching the Process to the Situation

Consensus Building Institute, Montana Consensus Council, and Bureau of Land Management
Facilitated multi-party negotiation over the appropriate decision-making process for a federal land management dispute
Role Simulation
Sarah Hammitt and Jessica Artiles under the direction of Professor Lawrence Susskind
An eight-party, environmentally-focused role-play simulation, Flooding deals with an investment firm that is in the final stages of a multi-year planning process for a large, riverside mixed-use development. FEMA recently updated Evantown’s Flood Insurance Rate Map and the development falls within the 100-year floodplain. In addition, a study by the local university concludes that altered precipitation patterns brought on by climate change will put more and more properties at risk of flooding in the future. Should the firm be allowed to go through with the development? How and to what extent should Evantown take measures to protect itself against flood risks? Who is responsible for paying for whatever adaptation measures are used to protect vulnerable areas?
Role Simulation
Catherine Preston and Lawrence Susskind
Twelve-person, two-round negotiation between six foundation board members and six school board and community leaders over efforts to address racial disparities in academic performance; internal negotiations precede external
Role Simulation
Regulation Negotiation Role-Play:

Gadgets, Inc.

Cheri Peele and Lawrence Susskind
Six-party, four-issue negotiation among a company's management and union representatives, environmental groups, and state and federal environmental agencies over fines and adoption of new technology in response to the company's illegal polluting
Role Simulation
International Relations Negotiation Role-Play:

Hitana Bay Development Simulation

International Programme for the Management of Sustainability, with Lawrence Susskind
Ten-party, multi-issue negotiation among government, development, industry, labor, and preservation interests over port improvements, real-estate development, and environmental protection in a Caribbean island harbor expansion
Role Simulation
Community Dispute Negotiation Role-Play:

Homelessness in Niceville

Edward Scher and Lawrence Susskind
Six-person facilitated integrative negotiation among advocates for homeless people, community and business leaders, and a foundation regarding the allocation of a grant to alleviate local homelessness problems
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Hopkins HMO

Janet Martinez
Three-party, multi-issue contract negotiation among representatives for an HMO and two pharmaceutical companies over the purchase of a new antidepressant drug
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Hopkins Hospital

Janet Martinez
Role Simulation
Public Dispute Negotiation Role-Play:

HumboldtMediating a Regional Development Dispute

Lawrence Susskind
Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant
Role Simulation
Jennie Hatch under the supervision of Lawrence Susskind
Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based energy development
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Jefferson Hazardous Waste Negotiation

Vicki Arroyo and Lawrence Susskind
Eight-party, five-issue negotiation among community, environmental, business, and government interests over the formulation of a statewide hazardous waste siting policy
Role Simulation
Regulation Negotiation Role-Play:

Lake Wasota Fishing Rights

Denise Madigan, Tod Loofbourrow with teaching notes by Eileen Babbitt and Lawrence Susskind
Six-party, six-issue, scoreable negotiation among representatives of tribal, state, federal, recreation, and business interests over fishing rights in a large lake
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Leaves Before the Fall

James K.L. Lawrence
Lawyers 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.
Role Simulation
Science-Intensive Policy Disputes Negotiation Role-Play:

Long RiverConfronting the Challenges of Instream Flow

Catherine Ashcraft and Larry Susskind
A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action plan
Role Simulation
International Relations Negotiation Role-Play:

MC Metals

Dan Delisi, under the supervision of Lawrence Susskind and Paul Levy
Six-person integrative negotiation among representatives of manufacturing company, occupational safety agency, union, local fire department, and local technical expert to settle claims of safety violations that allegedly caused two employee deaths
Role Simulation
International Relations Negotiation Role-Play:

Monroe Energy Assistance Game I

Allan Morgan and Lawrence Susskind
Six-party, four-issue negotiation among representatives of consumer groups, political leaders, and public utilities to develop a statewide energy assistance plan for low-income residents
Role Simulation
International Relations Negotiation Role-Play:

Monroe Energy Assistance Game II

Jeffrey B. Litwak and Lawrence Susskind
Role Simulation
International Relations Negotiation Role-Play:

Mountain View Farm

Roger Fisher and Andrew Clarkson
Two-party, multi-issue integrative negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor's land
Role Simulation
International Relations Negotiation Role-Play:

Multisearch Software

Eric Gould and Michelle Easter
Two-party integrative negotiation between a software developer and a software manufacturer over a possible contract for a new search engine product

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
original
Videos and Audio

Edited by James K. Sebenius and Ellen Knebel

Video featuring Ambassador Richard Holbrooke discussing his role brokering the Dayton agreement that ended the 1992-95 war in Bosnia as well as his role in resolving the multinational dispute over U.S. dues owed in arrears to the United Nations
Videos and Audio

Lawrence Susskind

An educational video for mediators or mediation students regarding mediator responsibility when parties have unequal knowledge, skills or power

The Great Negotiator Collection

original
Videos and Audio

Edited by James K. Sebenius and Ellen Knebel

Video featuring Ambassador Richard Holbrooke discussing his role brokering the Dayton agreement that ended the 1992-95 war in Bosnia as well as his role in resolving the multinational dispute over U.S. dues owed in arrears to the United Nations

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