Learn how to negotiate like a diplomat, think on your feet like an improv performer, and master job offer negotiation like a professional athlete when you download a copy of our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.


legitimacy

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.

The following items are tagged legitimacy

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What is Negotiation?

Posted by & filed under Negotiation Skills.

negotiation

Many people dread negotiation, not recognizing that they negotiate on a regular, even daily basis. Most of us face formal negotiations throughout our personal and professional lives: discussing the terms of a job offer with a recruiter, haggling over the price of a new car, hammering out a contract with a supplier. … Read More 

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Solar Power

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Georg Berkel Two-party, one-issue distributive negotiation about the acquisition of a renewable energy firm … Read More 

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Negotiating Public Disputes

Posted by & filed under Teaching Negotiation.

negotiations

How Negotiation Can Impact Public Perceptions Companies and governments alike can experience strong public resistance to new initiatives, or fierce public backlash to mistakes. How should they deal with an angry public? Incorporating a public relations perspective into a problem-solving or public dispute resolution processes can make the difference between success or failure. Adopting a mutual … Read More 

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Dioxin – Waste to Energy Game

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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. … Read More 

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Negotiating with Millennials – How to Overcome Cultural Differences in Communication

Posted by & filed under Business Negotiations.

negotiating

Negotiation training often focuses on bridging gaps between negotiators with different styles, backgrounds, or objectives, but what about overcoming generational barriers in negotiation? Generational differences need not stymie efforts at the bargaining table. In this segment from “Dear Negotiation Coach,” we explore how to overcome cultural differences in communication with members of the Millennial generation. … Read More 

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Negotiation Strategies for Mutual Gain

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This volume is a collection of essays which present key concepts and strategies intended to promote effective negotiation and mutually beneficial dispute resolution. This book is for people in all fields who need to deal with conflict and resolve issues on a continual basis. The book assumes that conflicts, managed well, can provide the impetus … Read More 

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Dealing with an Angry Public

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Lawrence Susskind & Patrick Field Winner of the 1996 CPR Award for Excellence in ADR (Outstanding Book Category) … Read More 

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Tulia and Ibad Mediation

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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 … Read More 

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Dispute Resolution for India and Bangladesh

Posted by & filed under International Negotiation.

dispute resolution

Sometimes in international negotiation, disputes are left to fester for years, even decades, until parties decide there is something to be gained from reaching agreement. In an example of a cross cultural negotiation case study, the nations of Bangladesh and India seized on an opportunity to push the “restart” button on their bumpy relationship by … Read More 

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Student Paper

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Bruce Patton Simple two-party awareness-building negotiation between a student and a professor regarding an assignment submitted after the deadline … Read More 

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Should Women “Lean In” to Create More Value in Negotiations?

Posted by & filed under Dealmaking.

women

Back in early 2008, Facebook founder and CEO Mark Zuckerberg began thinking about hiring Sheryl Sandberg, a vice president at Google and a former chief of staff for the U.S. Department of the Treasury, as the social-media company’s new chief operating officer. The two met several nights a week for almost two months to discuss … Read More 

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State v. Huntley

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Timothy Reiser Two-party criminal plea bargain negotiation between a prosecutor and a public defender for a man charged with aggravated rape … Read More 

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Negotiation Examples to Help You Become a Better Mediator

Posted by & filed under Teaching Negotiation.

Negotiation Examples

When opposing parties cannot come to a satisfactory resolution, a strong mediator can make all the difference. By effectively examining the issues at hand and helping parties identify creative solutions, a well-trained mediator builds consensus where there once was none. To help professionals learn the art of mediation, the Program on Negotiation’s Teaching Negotiation Resource Center … Read More 

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A Criminal Plea Bargain Simulation

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criminal plea bargain

The Teaching Negotiation Resource Center (TNRC) at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. State v. Huntley is a two-party criminal plea bargain negotiation between a prosecutor and a public defender for a man charged with aggravated rape. Criminal Plea Bargain Scenario: Two police officers on routine patrol were … Read More 

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Ship Bumping Case

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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 … Read More 

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Sally Soprano II

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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. … Read More 

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Negotiating group agreements that last

Posted by & filed under Crisis Negotiations.

NB-feb-2018-featured

When engaged in a complex negotiation or dispute, how should a group come to agreement? Members might separate into factions and fight to have their voices heard. They might take a vote and let the majority rule. Or they can try to negotiate their way to consensus. There are almost as many ways of making group … Read More 

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Rosenberg v. Lincoln Landscaping

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Pat Aaron Three-person small claims mediation between a landscaping company and its client over a disputed bill and quality of service … Read More 

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PowerScreen Problem

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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 … Read More 

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Dear Negotiation Coach: Perfect Pitch: Make Your Ideas Resonate in Negotiation

Posted by & filed under Negotiation Skills.

Q: I’ve pitched many great ideas for change to my organization, but management never takes action on any of them. Even when my organization specifically requests ideas for new products or processes, it’s always a colleague’s idea that gets chosen over mine. Negotiators are good at persuasion. Do you have any tips to increase my … Read More 

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People v. Malvenue

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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 … Read More 

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How Your Organization Can Benefit from Mediation Techniques

Posted by & filed under Mediation.

If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Read More 

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Successes and Messes: From animosity to agreement

Posted by & filed under Conflict Resolution.

Sometimes in negotiation, your most unlikely counterpart may turn out to be your most promising one. That’s what executive Joel Manby came to realize after becoming CEO of embattled theme-park operator SeaWorld in the spring of 2015. Stormy seas For more than two decades, the Humane Society of the United States and other activist groups had condemned … Read More 

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Negotiated Rulemaking for Electric Utilities

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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 … Read More 

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Entrepreneurs: Prepare to overcome key negotiation challenges

Posted by & filed under Negotiation Briefings Articles, Negotiation Skills.

Start-ups and individual entrepreneurs often encounter roadblocks when negotiating with potential partners and investors. When you are trying to sell others on your big idea or venture, you face the daunting challenge of convincing them that it’s worth their time, money, and effort. And even as you’re drawing on all your powers of persuasion to … Read More 

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Nazi Party of America v. Town of Hokey

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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 … Read More 

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Building Momentum Through Goodwill Gestures

Posted by & filed under Dealing with Difficult People.

Sometimes disputes are left to fester for years, even decades, until parties decide there is something to be gained from reaching agreement. The nations of Bangladesh and India recently seized on an opportunity to push the “restart” button on their bumpy relationship by resolving one such ongoing dispute. Living in no man’s land Until recently, on each … Read More 

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MAPO – Administration Negotiation

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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 … Read More 

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Women and Negotiation: Negotiating the Gender Gap

Posted by & filed under Conflict Resolution.

The following question given to Program on Negotiation faculty member and a Senior Lecturer in Public Policy at the Harvard Kennedy School Hannah Riley Bowles: I recently figured out that I am one of the lowest-paid people at my level in my organization—even though I am one of the top performers. I am also one … Read More 

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Little v. Jenks

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Karen Falkenstein Green Two-party small-claims settlement mediation between two former friends over the sale of a problematic used car … Read More 

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Business Negotiations: Why Does Process Matter?

Posted by & filed under Business Negotiations.

Negotiating the right process for your negotiation is well worth the time and effort, for two important reasons. First, process drives substance. Imagine what might have happened if the pharmaceutical company and the biotech firm had agreed up front to resolve the royalty issue rather than simply exchanging their best arguments before splitting the difference. … Read More 

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Law Library, The

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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 … Read More 

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Lake Wasota Fishing Rights

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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 … Read More 

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Kelly Corporation, The

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Ron Karp and Bruce Patton Three-party brief negotiation among a supervisor and two employees who are each asking for a raise … Read More 

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The Pulitzer Board Stands in Judgment

Posted by & filed under International Negotiation.

On April 16, the Pulitzer Prize board announced its annual writing prizes, with two notable omissions: the board chose not to award Pulitzers in the categories of fiction and editorial writing. The reaction from the publishing industry to the Pulitzer’s fiction snub, in particular, was swift and hostile. “If I feel disappointment as a writer … Read More 

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Humboldt

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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 … Read More 

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Closing the Deal is Only the Beginning of the Endgame

Posted by & filed under Negotiation Skills.

Often it is the relatively small details of an agreement that can cause the most consternation in negotiation. When viewed in light of the big picture, these details can be of minor importance, but while in the heat of the action they can become points of contention capable of derailing the process altogether, especially if … Read More 

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Hospital Committee, The

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Irma Tyler-Wood and Bruce Patton Multi-party negotiation among hospital committee members over the allocation of scarce life-saving resources … Read More 

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Dr. Ehud Eiran reflects on Israel’s strategic options in changing Middle East

Posted by & filed under International Negotiation, Middle East Negotiation Initiative.

With rising political instability in its surrounding environment, Israel will have to adapt its foreign policy to deal with new strategic challenges, Dr. Ehud Eiran, a faculty affiliate of PON’s Middle East Negotiation Initiative, noted in a recent ynetnews article. Challenges facing Israel include the difficulties that come with weaker border control and the risk … Read More 

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Gator v. City of Quincy

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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 … Read More 

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Norwegian Foreign Minister visits PON

Posted by & filed under Daily, International Negotiation.

On December 6, 2010, faculty and associates from the Program on Negotiation at Harvard Law School met at a private lunch with Norway’s Foreign Minister, Jonas Gahr Store, and the ambassador of Norway to the U.S., Wegger Chr. Strommen. At the meeting, the Foreign Minister described how he helped bring decades of negotiation with the … Read More 

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Farrakhan Negotiation, The

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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 … Read More 

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Budget turmoil inside a hospital

Posted by & filed under Daily, Negotiation Skills.

How to Negotiate Under Pressure

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Negotiating Budget Cuts at Newtowne Hospital is a six-person negotiation among hospital administration and employee representatives to reach consensus on budget cuts in three departments. SCENARIO: Dr. Van Hagen, a distinguished heart surgeon, will soon join the staff at Newtowne Hospital, … Read More 

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Eazy’s Garage

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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 … Read More 

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Mediating disputes on the job

Posted by & filed under Daily, Mediation.

Adapted from “Resolve Employee Conflicts with Mediation Techniques,” first published in the Negotiation newsletter.

If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a … Read More 

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DS-30

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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 … Read More 

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Discussing the bottom line in budget negotiations

Posted by & filed under Daily, Negotiation Skills.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Multimode, Inc. is a two-party intra-organization negotiation between a company’s financial and human resources officers regarding the amount of a budget increase. SCENARIO: T. Boyd, a Vice President of Budget and Finance at Multimode, Inc., (a manufacturing firm) … Read More 

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Discount Marketplace and Hawkins Development

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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 … Read More 

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Instructing the negotiator

Posted by & filed under Daily, Negotiation Skills.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. The Ship Bumping Case is a 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. SCENARIO: Vessels from the United States … Read More 

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DirtyStuff I

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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 … Read More 

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Dirty Laundry

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Pat Aaron Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts … Read More 

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Contract Negotiations in the Building Trades

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Lawrence Susskind Nine-party, multi-issue contract negotiation among three coalitions involved in the building trades; includes internal coalition meetings before the external negotiations … Read More 

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Changing Times for the Senior Center in Redwood Hills

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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 … Read More 

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Carter Estate Problem, The

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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 … Read More 

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Broken Benches

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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 … Read More 

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Bradford Development

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Two-party, single-issue distributive negotiation over a linkage payment that a developer must make to a city government; includes ethical issues … Read More 

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Multimode, Inc.

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Lawrence Susskind Two-party intra-organization negotiation between a company’s financial and human resources officers regarding the amount of a budget increase … Read More 

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Eazy’s Garage

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Bruce Patton Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill … Read More 

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Baker & Irwin v. Department of Human Services

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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 … Read More 

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Bamara Border Dispute

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Michael D. Landry Two-team, multi-issue negotiation between representatives of two fictional countries regarding a disputed border and a military stand-off … Read More 

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67 Fish Pond Lane

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Elizabeth Gray, Mark Gordon and Bruce Patton Two-party distributive and potentially integrative negotiation between principals over the sale of a house … Read More 

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Sally Soprano I

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Norbert Jacker and Mark Gordon Two-party integrative negotiation between agents for an opera singer and an opera house regarding a possible contract for an upcoming production … Read More