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Through the use of three role plays, the Building Bridges curriculum helps students learn how to resolve their differences through negotiation. The curriculum is based on the principled negotiation method developed by Roger Fisher (co-author of the bestselling book Getting to YES) and his colleagues at the Harvard Negotiation Project.

The curriculum includes three role plays, a sample syllabus, a background memo on teaching negotiation, a memo on the goals of teaching negotiation, and a memo on student-generated role plays. Please note that the cost of the Building Bridges curriculum package includes a copyright license to duplicate the role plays. The role play scenarios are as follows:

“How Could You Say That?”: This simulation is between two high-school siblings. In a previous conversation, the younger sibling has asked the older sibling for help finding a job in the same mall where the older sibling worked. A misunderstanding resulted, and the siblings became upset with one another. The siblings are now meeting to try and resolve the issue.

Major lessons:

Exercises help students to:

• Focus on underlying interests rather than positions or demands.
• Invent options that are good for both parties.
• Use legitimacy and persuasion rather than force or violence.
• Develop empathy, to see the problem from the other’s perspective.
• Become aware of the role emotions play in negotiation.
• Learn the importance of listening in negotiation.

Teaching Materials Include:

• Confidential Instructions for Cory (older sibling)

• Confidential Instructions for Terry (younger sibling)

• Teaching Note

The Leather Jacket: This simulation is between two high-school friends. One student just bought a leather jacket at a one-day sale which, unfortunately, doesn’t fit. The jacket does fit the second student perfectly, however, and the second student is very interested in buying it. The issue to be negotiated is price. The first student purchased the jacket for $100 but needs $150 to purchase a properly fitting jacket at its original, non-sale price. The second student knows that the first student bought the jacket on sale.

Teaching Materials Include:

• Confidential Instructions for the Buyer

• Confidential Instructions for the Seller

• Teaching Note

Playing Time: This simulation is between a high school basketball player and his/her coach. The students wants more playing time on the basketball team; the coach thinks that the students needs more work. The two have agreed to meet to discuss the situation.

Teaching materials include:

• Confidential Instructions for the Coach
• Confidential Instructions for the Player
• Teaching Note

from $350.00

A complete module includes simulations, teaching notes, and videotapes (videos are also available in the PAL format for use outside of the U.S.). Components may be purchased individually. The complete HR Package includes all six modules.

The components are:

1) Crisis in the Company – A crisis arises in a production plant when workers refuse to operate a machine that uses a new chemical dye process that they feel is unsafe. The HR Director is called in to assess the situation. Two videos are included (20 minutes/ 5 minutes).

Instructor’s Package:

University/ Non-profit $150.00

For-Profit $200.00

2) Binder Kadeer: Consultation in the Company – An employee of the company has filed a complaint with the company’s affirmative action office, charging his manager with discrimination. Dealing with diversity within the company is also an issue. The case is referred to an HR representative who consults with the parties.

Instructor’s Package:

Univeristy/ Non-profit $15.00

For-Profit $20.00

3)Fact-Finding: Harassment in the Company – An employee files charges of sexual harassment and discrimination involving a promotion. The case is referred to an HR representative for fact-finding. One video is included (45 minutes).

Intructor’s Package:

University/ Non-Profit $150.00

For-Profit $200.00

4) John Janssen and the Company: Negotiated Decision Making in Organizations (Employment Practices) – A multi-issue negotiation in which one of the HR representatives is one of the parties. The COMPANY is concerned about a decision to retain or fire a newly transferred manager because of an alleged drinking incident.

Instructor’s Package:

University/ Non-Profit $15.00

For Profit: $20

5)Designing an Integrated Account System: Facilitation in the Company– This is a four party, multi-issue, team decision involving the development of a new account system. The HR representative serves as facilitator.
Instructor’s Package:

University/Non-Profit $15.00

For-Profit $20.00

6)Overworked HR Professional: Strategies for Integrating New Skills into Daily Operations — a group exercise designed to help participants plan ways to integrate skills of collaborative negotiation into their work setting.
Instructor’s Package

University/Non-Profit $15

For-Profit $20.00

PLEASE NOTE: Student material for the module’s role-plays must be ordered separately. To order participant copies, please search under “Role Simulations” by module name (e.g. “Fact-Finding”).
If you wish to order an individual module, please contact the PON Clearinghouse directly by phone at 800-258-4406 or 781-239-1111, or by e-mail at chouse@law.harvard.edu.

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Whatever the benefits of public services and facilities, they often have adverse impacts and risks associated with them. When these impacts and risks are concentrated in poor communities, questions arise about the fairness of such siting decisions. When they are concentrated in communities of color, environmental racism may be involved. What does environmental justice require?

This is just one of the questions addressed in the Environmental Justice Package, which is a versatile, self-contained, and effective teaching tool for anyone interested in the emerging topic of environmental justice. The package contains the teacher’s package for two simulations (Beaumont Incinerator and Siting an Asphalt Plant in the City of Madrona), each of which is separately available from the Clearinghouse, and the article Risk and Justice: Rethinking the Concept of Compensation, by Patrick Field, Howard Raiffa, and Lawrence Susskind.

PLEASE NOTE:

Participant copies of the role simulations should be ordered separately. The Risk and Justice article may be photocopied for classroom use.

An expanded version of this curriculum package is also available. Please see the Environmental Justice Package (Full Version).

from $40.00

Whatever the benefits of public services and facilities, they often have adverse impacts and risks associated with them. When these impacts and risks are concentrated in poor communities, questions arise about the fairness of such siting decisions. When they are concentrated in communities of color, environmental racism may be involved. What does environmental justice require?

This is just one of the questions addressed in the Environmental Justice Package (Full Version), which is a versatile, self-contained, and effective teaching tool for anyone interested in the emerging topic of environmental justice. The package contains the following.

• One copy of the book Using Dispute Resolution Techniques to Address Environmental Justice Concerns by Gregg P. Macy and Lawrence Susskind

• One copy of the article Risk and Justice: Rethinking the Concept of Compensation, by Patrick Field, Howard Raiffa, and Lawrence Susskind, which may be photocopied for in-class use.

Teacher’s packages for the following four role-simulations:

• Beaumont Incinerator, A six-party task force negotiation regarding the application of environmental policy to the operation of an incinerator in a racially diverse community

• Siting an Asphalt Plant in the City of Madrona, A six-party negotiation regarding environmental justice concerns over the siting of an asphalt plant in a racially mixed area.

• Dioxin – Waste to Energy Game, A six-party negotiation involving scientific and technical disputes over dioxin-related health risks posed by trash incineration in waste-to-energy plants

• Jefferson Hazardous Waste Negotiation, An eight-party, non-scorable negotiation over the formulation of a statewide hazardous waste siting policy

PLEASE NOTE: Participant copies of the book and the role-simulations should be ordered separately.

An abridged version of this curriculum package is also available. Please see Environmental Justice Package (Abridged Version).

$25.95

This special curriculum package includes the following case studies in the Great Negotiator Case Study Series, each of which features a past recipient of PON’s Great Negotiator Award:

• 2000 PON Great Negotiator: “To Hell with the Future, Let’s Get on with the Past”: George Mitchell in Northern Ireland, featuring former U.S. Senator George Mitchell’s work on the all-party talks in Northern Ireland between 1996 and 1998 that culminated in the signing of the historic Good Friday Accords.

• 2001 PON Great Negotiator: Charlene Barshefsky (A) and (B), featuring former U.S. Trade Representative Charlene Barshekfsky’s work from 1994 to 1996 negotiating a trade agreement with China.

• 2002 PON Great Negotiator: Lakhdar Brahimi: Negotiating a new government for Afghanistan, featuring former United Nations Special Envoy Lakhdar Brahimi’s involvement in negotiating an interim government for Afghanistan after the fall of the Taliban in 2001

• 2003 PON Great Negotiator: Stuart Eizenstat: Negotiating the Final Accounts of World War II, featuring former  EU Ambassador and Special Representative to the President, Stuart Eizenstat’s work facilitating the award of $8 billion in reparations from multiple European governments, banks, and companies to victims of World War II

Each case study describes the featured negotiator’s background and examines the context, strategies, tactics, and outcome of a particularly difficult international negotiation in which the negotiator was involved. Used together, the case studies offer a unique opportunity to learn from recent history and to compare and contrast the approaches of three renowned professional negotiators.

Each case study is also sold separately.

from $16.00

This package of Program on Negotiation teaching materials is specially designed to address the negotiation issues facing managers of not-for-profits, foundations, community groups, and other philanthropic organizations. It includes four multi-party role simulations as well as background reading, and may be used as the basis for a stand-alone 2-day workshop or as a component of a longer course.

The complete Philanthropic Management Package includes:

(1) Consensus Building for Family Foundations, by Janet Martinez and Lawrence Susskind (PON WP 00-1). A 27-page working paper offering advice to family foundations on how to build consensus internally, as well as within the communities where they are located.

(2) Wintertime in Winterville, a 4-party simulated negotiation among representatives from a community employment program, a federal building, and a nonprofit agency over a contract to provide janitorial services for the federal building.

(3) Blueville Health Foundation, a 6-party simulated negotiation among health foundation board and staff members regarding community health funding priorities.

(4) Homelessness in Niceville, a facilitated 5-party simulated negotiation among a representatives from a homeless shelter, a state homelessness task force, the homeless union, the local homeowners association, and a community service league regarding the allocation of a foundation grant to alleviate homelessness.

(5) Franklin Family Foundation and Westbrook Regional School District, a 12-party, 2-team simulated negotiation between foundation board members and community representatives (headed by members of a school board) regarding a proposed tutorial program for minority high school students.

Please note: Any of the package components may be purchased individually by clicking on the title.

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SCENARIO for game #1, “School:”

Tom Johnson is a fourteen year old sophomore at Central High School in an older metropolitan suburb. He lives with his mother and two younger sisters. His parents were divorced four years ago, and now his father lives in a neighboring state. Although Tom maintains average grades, he is disruptive in class, and has a truancy problem. He already has twenty unexcused absences this year, and it is only mid way through the second quarter. He also had a truancy problem last year.

About a month ago, a school security guard caught Tom and two of his friends breaking school windows at night. Although Tom says he was not actually involved in destroying the school property, the school principal has decided to schedule a meeting to discuss Tom’s problems. The meeting will be attended by the school principal, Mrs. Johnson, Tom, and a member of the probation department. The principal invited someone from the probation department to the meeting to inform Tom of the actions the court will be forced to take if his current behavior does not improve.

SCENARIO for game #2, “Agency:”

Al Logan is twenty-five years old and single. He was convinced of larceny for the second time in four years, and received a two year suspended sentence with two years probation. He was also ordered to enter an eighteen-month drug rehabilitation program.

Al has failed to complete drug rehabilitation programs in the past. One of his former rehabilitation counselors had believed that Al might have psychological problems to resolve before he could successfully address his drug problems. This counselor had suggested that Al enter a mental health facility, but Al did not want to commit himself to a “crazy house.”

Al will meet with his probation officer and representatives of the Light House Rehabilitation Center and Clark Mental Health Hospital. Together, they will try to determine the optimal program to help Al.

SCENARIO for game #3, “Family:”

Angela Clark is 28 years old, single, and has two children aged two and four. She has moved twice in the last six months, most recently from a rooming house from which she was evicted. She was recently convicted of forgery, her third conviction in as many years, and sentenced to two years in prison. She has already served sixty days, and will be allowed to serve the remainder of her sentence on probation. In addition to her prison sentence, the court has ordered her to pay $1000 in restitution. Her father, a wealthy man, finds his daughter’s behavior appalling. It was he who notified the Department of Social Services (DSS) of Angela’s neglect of her children. He assumed that he and his wife would be given custody, but instead the children were placed under foster care.

Angela wants her children back. In order to regain custody, she must prove that the care and protection issues cited in “neglect” conviction have been addressed, pay the $1000 restitution fee, find gainful employment, and arrange for day care. To do this she needs her father’s help and the aid of her sister. In the upcoming probation meeting, Angela, her father, her probation officer, and a DSS social worker will attempt to resolve this situation.

MECHANICS: “Probation Games,” is a set of three four-party negotiations. It is designed so that lessons learned in the previous simulations can be tested and assimilated quickly in the next simulation. Players should be given 10 minutes to prepare for each exercise. Negotiations should be given 10 minutes to prepare for each exercise. Negotiations should last 30 minutes, and debriefing sessions following each simulation should also last for 30 minutes.

TEACHING MATERIALS:

Game #1, “School:”

For all parties:

• General Background

Role Specific:

Confidential Instructions for the following:

• Mrs. Jonson

• Probation Department Staff Member

• School Principal

• Tom Johnson

Teacher’s Package:

• All of the above

• Teaching Note

Game #2, “Agency:”

For all parties:

• General Background

Role specific:

Confidential Instructions for the following:

• Al Logan

• The Clark Hospital Representative

• The Light House Representative

• The Probation Officer

Game #3, “Family:”

For all parties:

• General Background

Role Specific:

Confidential Instructions for:

• Angela Clark

• Department of Social Services Representative

• Jim Clark

• The Probation Officer

Teacher’s Package:

• All of the above

• Teaching Note

PROCESS THEMES: Emotions; Interest analysis; Options, generating; Reality testing; Relationships; Self-help; Threats; Trust

MAJOR LESSONS:

Game #1:

Threats and incentives should be used only in conjunction with contingent commitments.

Uncovering interests behind positions can help negotiators formulate mutually acceptable agreements.

Inventing options that result in mutual gain improves the likelihood of an acceptable and implementable solution.

Game #2:

Jointly developing objective criteria allows the parties to re-evaluate the situation in a way that is accepted as legitimate by all.

This simulation emphasizes the effectiveness of joint problem-solving. Equal participation in searching for a settlement is likely to lead to consensus.

Game #3:

Separating the people from the problem is especially important when resolving highly emotional situations.

In situations where there is a lack of trust among the parties, contingent agreements can reduce risks and help to rebuild trust.

If parties begin asking for unrealistic or impossible commitments, participants should not hesitate to impose a “reality check” on the discussion.

$10.00

An excellent resource for anyone designing or teaching a course on multiparty negotiation, this 171-page workbook summarizes the design, content and pedagogy of the Multiparty Negotiation Workshop taught at Harvard Law School in 2002 and 2003. Written by the course instructors (Harvard Law Professor Robert Mnookin and Lawrence Susskind) and their teaching assistants, the workbook describes what was taught, how it was taught, the instructors’ reflections on the course, and continuing quandaries regarding the teaching of multiparty negotiation.

A comprehensive set of appendices includes:

A list of key lesson points and readings for the course’s theoretical framework

Descriptions of the role simulations used in the course

Descriptions of the various legal, international, and public policy multiparty negotiation contexts studied in the course

Copies of the course presentation materials

Sample student essays

Sample student group projects

Copy of the final exam

The workbook is presented in a 3-ring binder. Click HERE to download a free copy of the workbook.

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SCENARIO:

In this exercise participants select an actual negotiation situation from their own lives that they found particularly difficult, and negotiate in the role of their opposing party.

MECHANICS:

Preparation for this exercise takes 15 minutes. There are two ways to run the negotiation part of this exercise: one takes 60 minutes and the other takes 90 minutes. In the 60 minute version, half of the participants are given the opportunity to present a case. In the 90-minute version, all participants may present a case. The teaching materials are the same in both versions. Debriefing may take 30 minutes or longer, depending on the size of the class.

TEACHING MATERIALS:

For all participants:

• Case Preparation Instructions

Teacher’s Package:

• Case Preparation Instructions

• Teaching Note

PROCESS THEMES: Assumptions; Bias; Empathetic understanding; Framing; Partisan perceptions, implications; Preparation

MAJOR LESSONS:

The purpose of this case is to increase awareness of how the same “facts” can be perceived differently depending on one’s point of view, and to stimulate thinking on the implications of partisan perceptions.

By approaching their cases from new perspectives, participants are able to recognize which of their current arguments are persuasive, and which are not.

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SCENARIO:

A group exercise designed to help participants plan ways to integrate skills of collaborative negotiation into their work setting.

This exercise is one of six modules in the “Collaborative Negotiation for Human Resource Professionals” curriculum package. For details, please see Collaborative Negotiation for Human Resource Professionals under “Curricula.”

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Negotiating a Template for Labor Standards: The U.S.-Chile Free Trade Agreement is a detailed factual case study that tracks the negotiation of the labor provisions in the U.S.-Chile Free Trade Agreement signed into law on January 1, 2004. It draws upon a range of published and unpublished sources and interview with some of the primary players to give a true inside look into a challenging international negotiation. Written primarily from the point of view of the lead U.S. negotiator for the labor chapter, the case study discusses the two countries’ interests and positions on the labor provisions, the possible templates available from prior agreements, the complex political maneuvering involved, and the course of the negotiations themselves – from the opening talks to the various obstacles to the final post-agreement celebration.

Teacher’s Package includes:

• 32-page case study

• Teaching notes with summary of the case study and suggested discussion questions

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SCENARIO:

A federal statute requires each state to submit a plan detailing how it will spend its share of an energy assistance fund for low-income residents. Governor Able of Monroe, a state that has been criticized for its previous policy, has created an Energy Assistance Task Force with members from state agencies, utility companies, the legislature and consumer groups to try and reach a consensus on a new plan. The Task Force has been meeting for several months to discuss the three issues of eligibility for assistance, funding for the program, and method of payment as instructed by the Governor. Participants in the exercise are given portions of the Task Force meeting transcripts and several questions to discuss. Unlike Monroe Energy Assistance Game I, this simulation forces the parties to deal with fundamental disagreements over values. The parties have to find some way of dealing with their ideological differences, not just differing economic interests.

MAJOR LESSONS:

This exercise promotes players’ awareness of opposing parties interests and values. It encourages the exploration of additional options that might offer common ground.

Relationships can be studied and their roles in developing negotiating strategies.

The ethical and moral obligations of a mediator in a public dispute can be probed using this case.

MECHANICS:

This exercise is best played with six players (one per role). Preparation takes approximately 30-45 minutes. Allow 1-1 1/2 hours for negotiation and at least 1 hour for debriefing.

TEACHING MATERIALS:

For all parties:

General Instructions

• The Method of Payment Debate

• The Eligibility Debate

• The Programming Funding Debate

Teacher’s Package:

• All of the above

THEMES:

BATNA; Caucusing; Closure; Coalitions; Commitment; Communication; Competition v. Cooperation; Consensus Building; Constituents; Currently perceived choice analysis; Ethics; Fairness; Group process; Information exchange; Interest, dovetailing; Partisan perceptions; Pressure tactics; Risk aversion; Single-text procedure; Time constraints; Value conflicts; Yesable propositions

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SUMMARY:

The Mariyinsky Palace Negotiations: Maintaining Peace Throughout the Ukraine’s Orange Revolution is a detailed factual case study of the negotiations to resolve the political crisis caused by the disputed 2004 Ukrainian presidential election. These negotiations culminated in an unprecedented second runoff election and a victory for the opposition Viktor Yushchenko. This case study, which is based on extensive research and interviews with key observers, offers an in-depth account of the complex dynamics that contributed to the contested first runoff election and to the events that followed. It includes English transcripts of most of the high-level negotiations, along with a glossary and several appendices.

NOTE: The case study’s epilogue summarizes events through August 2006. Subsequent events may well influence the interpretation and evaluation of the events described in this case.

This case study and teaching note are designed to offer a rich illustration of complex multiparty negotiation dynamics, and thus serve as an advanced negotiation teaching tool. At the same time, the case study also provides a detailed insider’s understanding of the events of the Orange Revolution, and may be of interest to those studying political science, electoral processes, and/or Ukrainian affairs.

The complete Mariyinsky Palace case study package is 127 pages long and comprises the 33-page case study and 10 appendices, including a glossary of Ukrainian terms, a timeline, a map of Ukraine, election results tables, brief biographies of key participants, a transcription of the interim agreement following the second round table of negotiations, the OSCE press release regarding the second round of elections, and 78 pages of transcribed excerpts from each of these negotiation round-tables. A shorter (49 pages) version with the case study and all appendices except the negotiation transcripts is also available.

Suggested time frame: 60+ minutes to read and prepare (preferably outside of class); 45 – 90 minutes for discussion

This case study may be used for individual analysis and/or class discussion, and is appropriate for graduate-level students of negotiation, dispute resolution, conflict management, government, diplomacy, international studies (particularly emerging democracies), and political science (particularly elections). It also may be of interest to governmental and organizational professionals concerned with emerging democracies and election processes.

SUMMARY:

The Orange Revolution that immediately followed the runoff election in Ukraine’s 2004 presidential race drew the former Soviet nation into a political crisis that attracted the world’s attention. Catalyzed by charges of electoral fraud against Prime Minister and presidential candidate Viktor Yanukovych, supporters of opposition candidate Viktor Yuschenko flocked to the capital city of Kyiv within a day of the election and began blockading government buildings. Before official results could be announced, Yushchenko’s supporters demanded a re-vote based on their claims that Yanukovych’s party had contributed to widespread electoral fraud.

The conflict came to be characterized internationally by the throngs of protesters bearing the orange color of Yushchenko’s campaign and by the threats from Yanukovych’s supporters that Ukraine’s southern and eastern portions would secede. In contrast, the events that led to the conflict’s resolution took place largely out of the public view. Responding to international and internal pressure, Yushchenko, Yanukovych, outgoing president Leonid Kuchma, and other high-level officials from Ukraine and elsewhere had three meetings over 12 days to negotiate an end to the political crisis. The negotiations culminated in a package agreement, immediately ratified by the Ukrainian Parliament, that acknowledged the Ukrainian Supreme Court’s ruling for an unprecedented second runoff election, mandated election reforms to reduce fraud, and enacted political reforms to transfer some of the President’s powers to the parliament. Yushchenko won the second runoff election and was inaugurated as President of Ukraine a little over two months after the protests began.

Subsequent events demonstrate that the Orange Revolution was far from a complete victory for Yushchenko. In an ironic turn of events, by 2006 Yushchenko was suffering from low national approval ratings, Yanukovych’s party gained governing power in parliament, and Yushchenko was ultimately forced to name Yanukovych as Prime Minister. Yanukovych’s comeback was made all the more significant given the political reforms agreed to during the Mariyinsky Palace negotiations that transferred many presidential powers to parliament. While subsequent events are clearly relevant to a thorough evaluation of the Mariyinsky Palace negotiations, the case study focuses on the events of November – December 2004 that led to the peaceful resolution of the election conflict and set the stage for Ukraine’s burgeoning, if unpredictable, democracy.

THEMES:

Possible themes for discussion include Yushchenko’s use of sophisticated negotiation techniques, Yanukovych’s gradual loss of negotiation leverage, coalitional and other multi-party dynamics, the pressure of constituencies, the role of third-party facilitators, and the influence of external events on the negotiations. The teaching note suggests debriefing questions on these and other discussion topics.

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In any negotiation, it is helpful to have some information about the people with whom one is dealing. Who are they? What are their backgrounds? It is important to be skillful in asking questions and listening actively to responses. The purpose of this exercise is to give participants an opportunity to practice interviewing and listening skills while getting to know one another as people, beyond their roles in business or school

MAJOR LESSONS:

Developing good working relationships with one’s colleagues can lay the groundwork for dealing effectively with differences when they arise.

The instructor can promote class discussion and analysis of effective listening and interviewing techniques by asking questions such as, “When did you find it easiest to listen to your partner?” and “What might you do in the future to make sure that you have been heard correctly?”

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SCENARIO:

The form asks, “What is your negotiating style?” In the left column it lists the key characteristics of relatively “soft” bargainers. In the right column are listed the corresponding characteristics of relatively “hard” bargainers. In between, for each key factor there are spaces for writing in where you come out on the spectrum. The factors addressed are concession strategies and offer strategies.

MECHANICS:

Distribute the form and allow ten minutes for participants to fill it in. It is particularly useful as a prelude to an overview presentation on effective negotiation. It was designed for use before an overview of principled negotiation, but in theory other approaches could also follow from it. It works even after participants have read Getting to YES.

TEACHING MATERIALS:

For all parties:

• Two column form with blank centers.
• Three column form with third columns listing the characteristics of principled negotiation.

PROCESS THEMES:

Assumptions; Competition v. Cooperation; Personality; Systems of Negotiation

MAJOR LESSONS:

This exercise stresses the fundamental elements of principled negotiation as logical alternatives to the seeming dilemma of “hard” or “soft” positional bargaining.

The final portion of the exercise provides a quick reference to the main elements of principled negotiation.

$6.50

Part of the PON Great Negotiator Case Study Series, this factual case study examines former EU Ambassador, Deputy Treasury Secretary, and Special Representative to the President Stuart Eizenstat’s career as a negotiator, with special emphasis on his work negotiating reparations for victims of the Holocaust. As a result of these efforts, Eizenstat received the Program on Negotiation’s 2003 “Great Negotiator” Award.

The case study begins with Eizenstat’s background and early career, including several complex negotiations in which Eizenstat played a key role: the 1996-1998 standoff between the U.S. and E.U. regarding economic sanctions against Cuba, Iran, and Libya; a 1997 trade dispute between the U.S. and Japan over controversial port practices; the management of the U.S. delegation to the 1997 Kyoto conference on global warming; and a 1999-2000 dispute between the U.S. government and U.S. terrorism victims over the availability of blocked assets to settle legal judgments.

The bulk of the case study focuses on Eizenstat’s extraordinary work facilitating the negotiations between World War II victims and Swiss, German, Austrian, and French government institutions and industries over reparations for slave and forced labor, confiscated property (including looted art and frozen bank accounts), and unpaid insurance policies. The scope of the eventual settlements was enormous, resulting in $8 billion for the victims of the Nazis. Eizenstat navigated this complicated – and in many ways, uncharted – terrain between 1995 and 2001, in addition to his demanding responsibilities as a senior official in the Commerce, State and Treasury Departments.

This case study provides a wonderful opportunity to teach from recent history, using a living, working diplomat as a focus for learning about negotiation. It may be used alone or in conjunction with the Great Negotiator 2003: Stuart Eizenstat DVD.

from $5.50

Part of the PON Great Negotiator Case Study Series, his factual case study examines former U.N. Special Envoy Lakhdar Brahimi’s involvement in negotiating an interim Afghani government after the fall of the Taliban in 2001. As a result of these efforts, Brahimi received the Program on Negotiation’s 2002 “Great Negotiator” Award.

The case study covers Brahimi’s background and early career, the background of the 2001 conflict in Afghanistan, the players and issues involved in the 2001 Bonn Conference on establishing an interim Afghani government, the main points of the Bonn Agreement, and the post-Bon peace process. It also includes an ethnic map of Afghanistan, excerpts from Brahimi’s remarks to the United Nations about Afghanistan, and a diagram of the Bonn Conference participants.

This case study provides a wonderful opportunity to teach from recent history, using a living, working diplomat as a focus for learning about negotiation. It may be used alone or in conjunction with the Great Negotiator 202: Lakhdar Brahimi DVD. The case study provides a wealth of factual details regarding Brahimi’s negotiations, while the DVD features BRahimi’s personal reflections and observations. An instructor might, for instance, use the case study as a basis for classroom discussion, and use excerpts from the DVD to offer Brahimi’s own thoughts on the issues discussed in class.

$6.50

Charlene Barshefsky (A):

Set between 1994 and 1996, this 16-page factual case study describes the challenges former United States Trade Representative Charlene Barshefsky faced in negotiating a trade agreement with China to improve its domestic intellectual property rights enforcement regime. After briefly describing Barshefsky’s past experience and trade negotiations, this case discusses the history of U.S.-China trade relations and analyzes Ambassador Barshefsky’s strategy in coalition-building in the United States and abroad toward the goal of achieving a sustainable deal. As a result of her work in this context, Ambassador Barshefsky received the 2001 Program on Negotiation “Great Negotiator” Award.

Charlene Barshefsky (B):

Also set between 1994 and 1996, this 17-page factual case study details former United States Trade Representative Charlene Barshefsky’s strategic and tactical approach to surmounting the barriers laid out in the (A) case.

Both Charlene Barshefsky (A) and Charlene Barshefsky (B) are designed to help studnets examine complex negotiation and coalition building strategies in an international context. They explore national/ cultural negotiating styles, barriers to doing a deal amidst splintered comercial and political interests, and innovative approaches to surmounting those barriers. The two case studies are related, but may either be used together or separately.

$6.50

Part of the PON Great Negotiator Case Study Series, this 46-age factual case stud examines the strategies and tactics used by U.S. negotiator George Mitchell during his two-year tenure as chairman of the all-party talks in Northern Ireland between 1996 and 1998. His efforts culminated in the signing of the historic Good Friday Accords. In 2000, Mitchell received the Program on Negotiation “Great Negotiator” award.

This case study was prepared as a basis for class discussion rather than to illustrate either effective or ineffective handling of an administrative situation.

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SCENARIO:

An employee files charges of sexual harassment and discrimination involving a promotion. The case is referred to an HR representative for fact-finding. One video is included (45 minutes) and is essential to the exercise.

This exercise is one of six modules in the “Collaborative Negotiation for Human Resource Professionals” curriculum package. For details, please see Collaborative Negotiation for Human Resource Professionals under “Curricula.”