legitimacy

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A feeling of being treated fairly in a negotiation. Often an interest in legitimacy and feeling fairly treated is the main driver in a dispute. However, parties with differing views on what is fair may fail to realize that beneath their conflicting positions is the same underlying interest. For example, in the Israeli-Palestinian conflict, the perceived legitimacy of where the border is drawn between Israel and a Palestinian state is at least as important as how many acres are on each side. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 281-282). See Also: Closing the Deal is Only the Beginning of the Endgame, Selling an Asset: Choose the Right Type of Auction, The Pulitzer Board Stands in Judgment.

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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
Law / Courts Negotiation Role-Play:

Baker & Irwin v. Department of Human Services

Bruce Deming
Two-party negotiation between attorneys for a state agency and a gay advocacy group regarding a state policy that led to the removal of two foster children from the home of a gay couple
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
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
International Relations Negotiation Role-Play:

Building Bridges A High School Curriculum on Negotiation

A high school curriculum on resolving differences through negotiation
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
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
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
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
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
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
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
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
Law / Courts Negotiation Role-Play:

Gator v. City of Quincy

Karen Falkenstein Green
Three-person small-claims mediation between a motorist and a city attorney regarding liability for damage to the motorist's automobile due to a pothole
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Hospital Committee, The

Irma Tyler-Wood and Bruce Patton
Multi-party negotiation among hospital committee members over the allocation of scarce life-saving resources
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
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
Mediation Role-Play:

Little v. Jenks

Karen Falkenstein Green
Two-party small-claims settlement mediation between two former friends over the sale of a problematic used car
Role Simulation
Labor Relations Negotiation Role-Play:

MAPO – Administration Negotiation

Mark Gordon, Elizabeth Gray, Tim Rieser, and Lynn Gerber
Two-team, multi-issue collective bargaining negotiation between three police union representatives and three municipal representatives over police salaries, benefits, and working conditions
Role Simulation
Game Theory and Negotiation Analytics Role-Play:

Multimode, Inc.

Lawrence Susskind
Two-party intra-organization negotiation between a company's financial and human resources officers regarding the amount of a budget increase
Role Simulation
International Relations Negotiation Role-Play:

Nazi Party of America v. Town of Hokey

Bruce Patton
Two-party highly political negotiation between a lawyer for Nazi convention organizers and a town attorney a permit application for a Nazi Party parade in a Jewish neighborhood
Role Simulation
International Relations Negotiation Role-Play:

Negotiated Rulemaking for Electric Utilities

Jonathan Raab and Lavinia Hall
Five-person facilitated negotiation among environmental, industry, public utility, and government representatives to revise a proposed rule incorporating environmental costs into electric utility rates
Role Simulation
International Relations Negotiation Role-Play:

Negotiating Budget Cuts at Newtowne Hospital

Lawrence Susskind
Six-person negotiation among hospital administration and employee representatives to reach consensus on budget cuts in three departments
Role Simulation
International Relations Negotiation Role-Play:

Onembo and Benjamin Rug Co. v. Runyon and Lebeau

Karen Falkenstein Green
Three-person small claims court mediation between a rug company owner and a customer over the return of a made-to-order rug
Role Simulation
Family Negotiation Role-Play:

People v. Malvenue

Ron Karp and Bruce Patton
Two-party plea bargaining negotiation between a prosecutor and the court-appointed defender for a man accused of abusing his wife, who refuses to sign the complaint against him
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

PowerScreen Problem

Bruce Patton, Mark Gordon and Andrew Clarkson
Two-party integrative negotiation between the lawyers for business partners concerning the ownership of a new computer program one of them has developed
Role Simulation
Consumer Dispute Negotiation Role-Play:

Rosenberg v. Lincoln Landscaping

Pat Aaron
Three-person small claims mediation between a landscaping company and its client over a disputed bill and quality of service
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Sally Soprano II

Wayne Davis, Mark N. Gordon and Bruce Patton
Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production, under conditions of full disclosure.
Role Simulation
International Relations Negotiation Role-Play:

Ship Bumping Case

Andrew Clarkson
Two-party international negotiation between Russian and U.S. negotiators over a naval incident; teams internally prepare instructions for a representative not involved in the preparation
Role Simulation
International Relations Negotiation Role-Play:

Smithfield v. Rudfurd's Home Repairs

Pat Aaron
Three-person small claims mediation between a homeowner and repair company regarding unfinished roof repair
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Solar Power

Georg Berkel
Two-party, one-issue distributive negotiation about the acquisition of a renewable energy firm
Role Simulation
Law / Courts Negotiation Role-Play:

State v. Huntley

Timothy Reiser
Two-party criminal plea bargain negotiation between a prosecutor and a public defender for a man charged with aggravated rape
Role Simulation
Education Negotiation Role-Play:

Student Paper

Bruce Patton
Simple two-party awareness-building negotiation between a student and a professor regarding an assignment submitted after the deadline
Role Simulation
William Ury, Ibrahim Ibrahim and Roger Fisher
Three-team, multi-issue mediation involving two or more representatives each of the country of Tulia, the country of Ibad, and the Organization of African Unity (O.A.U.) regarding a cease-fire between the two warring countries

Books

original
Book

Lawrence Susskind & Patrick Field

Winner of the 1996 CPR Award for Excellence in ADR (Outstanding Book Category)

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

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