BATNA

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Best Alternative to a Negotiated Agreement. The true measure by which you should judge any proposed agreement. It is the only standard which can protect you both from accepting terms that are too unfavorable and from rejecting terms it would be in your interest to accept. (Roger Fisher and <a href="http://www.pon.harvard.edu/faculty/william-ury/">William Ury</a>, <a href="http://www.pon.harvard.edu/shop/getting-to-yes-negotiating-agreement-without-giving-in/">Getting to Yes</a> [Penguin Books, 1991], 100-01). <b> See Also:</b> <a href="http://www.pon.harvard.edu/freemium/batna-basics-boost-your-power-at-the-bargaining-table/">Free Report: BATNA Basics</a>, <a href="http://www.pon.harvard.edu/daily/negotiation-skills-daily/uous-improvement-monitor-and-assess-your-negotiation-skills/">Negotiating for Continuous Improvement: Monitor and Assess Your Negotiation Skills</a>, <a href="http://www.pon.harvard.edu/daily/dealmaking-daily/relationship-rules-and-business-negotiations/"> Dealmaking: Relationship Rules and Business Negotiations</a>.

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Role Simulations

Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

67 Fish Pond Lane

Elizabeth Gray, Mark Gordon and Bruce Patton
Two-party distributive and potentially integrative negotiation between principals over the sale of a house
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Ad Sales, Inc.

Lawrence Susskind
Six-party, multi-issue contract negotiation between management and union members of a publishing firm
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
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
Cross-Cultural Negotiation Role-Play:

Bamara Border Dispute

Michael D. Landry
Two-team, multi-issue negotiation between representatives of two fictional countries regarding a disputed border and a military stand-off
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
Business and Commercial Dispute Negotiation Role-Play:

Bentley Convertible

Roger Fisher and Bruce Patton
Two-party distributive negotiation over the sale of a rare automobile
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
Consumer Dispute Negotiation Role-Play:

Blender, The

Bruce Patton
Two-party, single-issue negotiation between a customer and a department store clerk about the return of a defective blender
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Book Contract, The

Two-party, single-issue distributive negotiation between a publisher and a literary agent over the advance payment for the agent's unpublished but very promising client
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
Corporate Decision-Making Negotiation Role-Play:

Bunyon Brothers

Mark Gordon, Elizabeth Gray, and Bruce Patton
Three-party, multi-issue internal corporate negotiation in preparation for external negotiation with community representatives
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
Corporate Decision-Making Negotiation Role-Play:

Casino

Sheila Heen, Scott Peppet and John Richardson
Two-party intra-organizational discussion between a newly-promoted manager and her division vice-president over work performance, responsibility for a new computer game project, and office environment issues
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
Public Dispute Negotiation Role-Play:

Chestnut Drive

Bruce Patton and Mark Gordon
Six-party, multi-issue, intra-group negotiation among neighbors in preparation for an external negotiation regarding a local construction project
Role Simulation
Community Dispute Negotiation Role-Play:

Chestnut Village

Thomas Wiegand
Multi-party, multi-issue negotiation between 3-4 construction company representatives and 5-6 neighborhood representatives over safety and nuisance complaints regarding a local construction project; internal team meetings precede external negotiations
Role Simulation
Organizational Development / Change Negotiation Role-Play:

Colortek Job

Deborah Kolb
Two-party, multi-issue integrative negotiation between a corporate VP and a prospective employee over salary and other terms of hire
Role Simulation
Community Dispute Negotiation Role-Play:

Construction in Bunyonville

Bruce Patton
Six-person, multi-issue mediation between two construction company representatives and two neighborhood residents over a construction project's safety and noise issues; mediated by two representatives of the bank financing the construction
Role Simulation
Technology Negotiation Role-Play:

Consultant, The

Two-party, multi-issue negotiation in which the parties are at an apparent impasse: the most one party can pay is substantially less than the least the other party can accept.
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
Business and Commercial Dispute Negotiation Role-Play:

Costless Warehouse

Joe Voyticky
Four- or five-person negotiation to settle an employee's claim of discriminatory firing and employer's claim of illegal conduct; negotiators represent each party, with optional fifth role who knows confidential details of each party's case
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
Business and Commercial Dispute Negotiation Role-Play:

Deke Slims' Silver Dollars

Ron Karp and Bruce Patton
Three-person distributive exercise consisting of two separate two-party negotiations between the representative of an estate and two separate coin dealers over the price of a silver coin collection large enough to affect the silver market
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
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
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
Consumer Dispute Negotiation Role-Play:

Eazy's GarageFour-party (lawyers & clients) version

Bruce Patton (adapted by Sheila Heen)
Four-party, two-stage negotiation between an auto mechanic and a client and their respective attorneys over a disputed repair bill; first stage involves lawyer-client interviews and second stage involves negotiation
Role Simulation
Law / Courts Negotiation Role-Play:

Eazy's GarageTwo-party (lawyers only) version

Bruce Patton
Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill
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
Education Negotiation Role-Play:

Farrakhan Negotiation, The

Eric Collins
Five-person, multi-issue negotiation among university administrators and student organizers over cost and arrangements for a controversial figure to speak on campus
Role Simulation
Jeffrey Litwak and Lawrence Susskind
Six-party negotiation among lending institution representatives, community leaders, a contractors' association, and the mayor's office to develop a public relations strategy and solutions to a foreclosure crisis caused by a widespread mortgage scam
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Fishladder Claim

Susan Podziba and Lawrence Susskind
Three-party, two-round internal negotiation among agency officials over whether to litigate or pursue non-binding arbitration to settle a contract claim against a private contractor
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

GE International Contract

Duncan MacLaren; adapted from The Tendley Contract
Two-party potentially integrative contract negotiation between representatives of a large corporation and a consulting firm over very different expectations of the cost of services
Role Simulation
Global Treaty-Making Negotiation Role-Play:

Global Management of Organochlorines

Lawrence Susskind, Sarah McKearnan, Mike Gordon, Adil Najam, Joshua Secunda, Granville Sewell, Parag Shah and Andrea Strimling
Thirteen-person, multi-issue facilitated negotiation among eight country representatives, four NGO representatives, and a working group chairperson must draft a treaty aimed at reducing harmful organochlorines; also known as "Chlorine Game"
Role Simulation
Michael Maturo, Kate Mahoney, Francisco Ingouville and Anthony Wanis St. John, under the direction of David Fairman
Six-person mediated negotiation among representatives of the Guatemalan government, military, rebel groups, indigenous people, and U.S. government to address post-armed-conflict human rights, land claims, and cultural and political rights issues
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
Corporate Decision-Making Negotiation Role-Play:

Jerry

Ron Karp and Bruce Patton
Two-party conversation between an employee and his supervisor regarding the employee's recent poor job performance and potential termination
Role Simulation
Jennie Hatch & Kessely Hong
A three-party employment negotiation involving a mid-career student negotiating two job offers via email at the same time.
Role Simulation
Cross-Cultural Negotiation Role-Play:

Kaotian Crisis

Bruce Patton
Two-team, ten-party international crisis negotiation between U.S. and "Kaotian" military and security officials to address Kaotian seizure of an American vessel and the ensuing military crisis
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Kelly Corporation, The

Ron Karp and Bruce Patton
Three-party brief negotiation among a supervisor and two employees who are each asking for a raise
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
Business and Commercial Dispute Negotiation Role-Play:

Law Library, The

John Palenberg, Elizabeth Gray, Deborah Winter, and Wayne Davis
Two-party negotiation between representatives of two law firms over the sale of a collection of law books
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Least-Cost Planning Exercise

Clinton Andrews and Lavinia Hall
Six-party, multi-issue mediation among electric utilities, consumer interests, environmentalists, and mediator with technical expertise, over the best way to meet increased demands for electricity
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Managing Groundwater Beneath the Pablo-Burford Border

Lawrence Susskind
Two-team, ten-person, multi-issue, co-chaired negotiation between representatives of two adjacent countries regarding the transboundary management of a severe water shortage crisis

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