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ENCO is a Texas-based power company that has begun to move aggressively into emerging markets. The Indian government has approached ENCO to build an electrical generating plant to increase the power supply to Maharashtra State, one of India’s most economically developed states. ENCO is willing to undertake the project if it can be assured of a credible, long-term purchaser that will buy the electricity t a price profitable to ENCO. Toward this end, ENCO has negotiated but not yet signed a long-term “Power Purchase Agreement” (PA) with the Maharashtra State Electricity Board, a state enterprise that distributes electricity to consumers.

Since the negotiation of the PPA, however, developments in Maharashtra State have raised some concern. Communal rioting has begun and the local media has changed the ENCO project with corruption and foreign exploitation. Elections are scheduled for next year and the Congress Party, which controls the Maharashtra State Government and negotiated the PPA, my lose.

ENCO’s CEO Janet Thron, is scheduled to fly to India next to sign the PPA. She has asked her top five associates for advice on how to proceed. All five associates have offered differing advice, and Thorn must make a series of decisions in response to deteriorating circumstances.

MAJOR LESSONS:

All international contracts are potentially unstable, especially when governments are parties.

Political change is a prime cause of contractual instability.

• Contract enforcement mechanisms (such as international arbitration) can be important, but at best they are alternatives that strengthen a party’s position.
• Because international deals involve continuing negotiations, parties need to develop strategies to help cope with change even after a contract is signed.
• The legal and political context of a deal can influence its stability.
• When the net benefits to one party of not having a contract become greater than maintaining the contract, one can expect that party to reject or seek to re-negotiate the contract.
• Standard contracting practices in one country may not work effectively in other countries.

Teacher’s Package Includes:

• Participant Materials
• Teaching Note
• Charts that can be used as overhead transparencies

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SCENARIO:

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) in the teacher’s package, and are 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.”

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SCENARIO:

S. Smith, of the town Riverton, has been assigned the task of overseeing the reprogramming of the town’s computerized municipal operations and the training of those employees. Smith, after careful review, has selected J. Brown of Northeast Computer Services for the sizable job. The problem, however, is that Brown has offered to do the job for $20,000, somewhat below the corporate rate, and Smith, due to a restricted budget, is constrained to spending no more than $10,000. The two have agreed to one last meeting in hopes of reaching an acceptable solution.

Teaching Materials:

For all parties:

General Information

Teacher’s Package:

All of the Above

Teaching Note (from the Tendley Contract)

PROCESS THEMES: Anchoring; BATNA; Constituents; Constraints; Fairness; Interests, dovetailing; Objective criteria; Offers, first; Options, generating; Pareto optimization; Precedents; Risk perception

MAJOR LESSONS:

The available data allow a number of more or less equally persuasive arguments about what a “fair” contract would be. This is at a minimum good practice in developing and using objective criteria. Beyond that, the case presents the more difficult challenge of finding an objective basis with which to judge the applicability of alternative objective criteria.

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This discussion piece presents twelve case studies for review. The case studies involve a range of factual and legal scenarios, including personal injury, discrimination, breach of contract, employment termination, hazardous waste, business leasing, fraud, divorce, date rape, partnership, dissolution, and juvenile delinquency. After reading each case study, students decide and discuss which form of dispute resolution (case evaluation, mediation, arbitration, mini-trial, summary jury trial, or trial) would be most appropriate. Some of the case studies include follow-up questions for further discussion.

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This is an overview of the formal mediation process. It includes a list of the advantages of formal mediation over a court hearing. The goals of each step of the process are touched upon. There are some tips as to technique and caucuses. This outline is meant for people who want to learn to mediate, but can also be very useful for people who are going to be involved in a formal mediation in another capacity. In other words, it is exactly what it claims to be.

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SCENARIO:

Sometimes it is helpful when discussing small claims mediation to have an actual case for students, mediators, litigants, and lawyers to study. This copy of the agreement reached between J. Construction Company, plaintiff, and the Elk Knights of Odd Fellows, defendant. The Elk Knights deducted several hundred dollars from the bill for construction of their new hall, claiming that the construction company went over schedule, left a mess, and made use of their custodian. The Knights also found fault with the quality of the construction. The Plaintiff claimed $870.00 plus $95.57 interest and $15.30 in court costs. The plaintiff made two claims in an attempt to circumvent the $750.00 limit on small claims court.

MECHANICS:

This is a discussion piece best utilized as a supplement used with other mediation role simulation or as a tool to guide people through the mediation process.

SIMILAR SIMULATIONS:

• Rosenberg vs. Lincoln Landscaping
• Water Woes

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This is the fifth volume in a series to address trans-boundary and global commons environment and resource problems. The chapters in this volume  were written and presented by students in a graduate seminar on International Environmental Negotiation offered jointly by the Fletcher School of Law and Diplomacy and the MIT Department of Urban Studies and Planning. The proposals presented in these annual collections of essays are designed to improve the negotiation process and the substantive outcomes of existing and future environmental agreements.

The ten chapters in this volume address five broad themes: negotiating and implementing agreements, technology transfer and trade, hazardous materials, refugess and the environment, and conserving biological diversity.

The chapter titles and authors are as follows:

• “Negotiating Bolder International Environmental Treaties: Using Parallel Informal Meetings to Improve Outcomes,” by John P. Glyphis
• “Voluntary Codes of Management: New Opportunities for Increased Corporate Accountability,” by Anne M. Gelfand
• “Environmental Monitoring and Remote Sensing,” by Robert Faris
• “Joint Implementation: Crafting a Viable Strategy for North-South Cooperation,” by Kare Lei-Chen Khor
• “Current Options for Facilitating the Transfer of Environmentally Sound Technologies,” by Lorene Flaming
• “Unilateral Trade Related Environmental Measures and the World Trade Organization,” by Susana Hernandez
• “An International Regime for the Transport and Management of Nuclear Waste,” by Renan Poveda
• “A Framework Convention to Prohibit the Export of Banned and Canceled Pesticides from Developed to Developing Countries,” by Tanya J. Nunn
• “The Impact of Refugees on the Environment,” by Yvonne Agyei
• “Conserving Biodiversity: A Reformed CITES in an Integrated Approach,” by Melissa Etheridge

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This book, sixth in the Environmental Paper Series, addresses trans-boundary environmental issues. The volume is divided into two sections: the first group deals with examples of conflict resolutions within the “Global Commons,” while the second group addresses regional and global agreements for the management of these conflict resolution dilemmas.

The papers contained in this volume are:

• “A Trade Co-Operative for Global Foresty Management,” by Wei-Jen Leow
• “Conservation Measures for Trans-boundary Fish Stocks Within Exclusive National Economic Zones,” by Lada Emelianova
• “Greening APEC: Institutional Reform for Establishing a ‘Regional Sustainable Development Area’,” by Hattori Takahashi
• “Bridging the Intellectual Property Debate: Methods for Facilitating Technology Transfers in Environmental Treaties,” by Jamie Henikoff
• “Alternatives for Linking Trade and Transfe or Environmentally Sound Technologies,” by Hans Michael Plut
• “Fine-Tuning the GEF,” by Christine Maurer-Voss
• “Expertise and the Convention to Combat Desertification,” by Marybeth Long
• “A Proposal for an Environmental Right-to-Know Convention: Negotiating the Barriers,” by John Harrison
• “All Commons are Local: The Antarctic Treaty System as a Regional Model for Effective Environmental Management,” by Gianfranco Corti
• “Enforcing International Environmental Treaties in Domestic Legal Systems,” by David Bowker and Michael Castellano
• “Facilitating Sustainable Development: Rethinking the Role of the UNSCD,” by Jason Corburn
• “Implementation of Global Environmental Treaties: The role of Coordinated Corporate Action,” by Jennifer Howard
• “Renegades and Vigilantes in Multilateral Environmental Regimes: Lessons of the Canada-EU ‘Turbot War,’” by Stepan Wood

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The seventh in the International Environmental Paper Series is divided into three sections. The first proposes global agreements which can be reached in the areas of nitrogen emissions, “common heritage” resources, and the development of renewable energy technologies.

The second section proposes two separate environmental management plans that share in common some important principles: the emphasis of citizen and NGO participation, and the importance of regional economic development.

The final section of this volume includes four papers that address some promising opportunities and problematic issues in making large-scale environmental agreements work at the global and regional levels.

The papers contained in this volume are:

• “Defining the ‘Common Heritage of Mankind,’” by Ari Nathan
• “The Global Nitrogen Initiative: An Opportunity for Sustainable Development and Global Change,” by James Perkaus
• “Global Treaty on Renewable Energy,” by Frederic A. Beck
• “The Role of Environmental Protection in Sub-Regional Economic Integration: The Case of Hidrovia and Mercosur,” by Luka A. Ney
• “Reducing the Environmental Impact of Freight Transport: A Strategy for Europe,” by Theresa Glasmacher
• “Eastern European NGOs in Regional Environmental Negotiations: Emerging Information Technologies as a Critical Success Factor,” by Matthias Baxman
• “Decentralizing the Global Environmental Facility to Improve Its Performance,” by Ximena Rueda
• “Science and Economics in Climate Change and Other International Environmental Negotiations,” by Peter Zapfel
• “A Review of Joint-Implementation: Common Commitments, Different Burdens,” by Hae-Wook (Howard) Cheong

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This volume is the eighth in a series of collected papers addressing the technical and political issues involved in crafting international agreements for the preservation of the environmental and sustainable and equitable use of natural resources. It is interesting to note that, over the years during which these volumes have appeared, it has become increasingly difficult to categorize the papers, as analysts and policy makers continue to discover and address the complexity of the problems of environmental management. They are complexities no less daunting and intriguing than those of nature and society themselves.

These papers were selected from those prepared by students in the 1997 presentation of the graduate seminar on environmental negotiation taught by Professors Lawrence Susskind and William Moomaw with the support of the Program on Negotiation at Harvard Law School. The editors have clustered the papers in this volume under four headings: north-south partnerships; regional cooperation; new tools; and new areas and concepts.

The first group of papers addresses specifically instances in which environmental protection and resource development might be pursued collaboratively by nations of the “north” and “south,” and how such collaborations might be constructed. The second group addresses issues that may arise between nations within as well as across the northern and southern blocs, such as control of regional pollutants through multilateral environmental agreements and the management of international fisheries. The third group focuses on the development of innovative approaches to management issues, such as the use of environmental and impact assessment to address the transboundary and global effects of development, amendment of environmental conventions to render their requirements more stringent, and effective collaboration among NGOs with respect to environmentally responsible global governance. In the final group, the authors address new areas of inquiry, including a framework convention on global freshwater resources, suggested methods for encouraging the development of sustainable food resources not dependent on high-input monocultures, and a proposal for the creation of a Universal Declaration of the Rights of the Environment and the Rights of Humans to a Healthy Environment.

The papers included in this volume are:

• “Improving North-South Cooperation in the Emerging Climate Stabilization Regime,” by Jean Acquatella
• “A Proposal for the Joint Development of Hydrocarbon Resources in the South China Sea,” by Jed Baily
• “Promoting North-South NGO Collaboration in Environmental Negotiations: The Role of US Foundations,” by Wendy Vanasselt
• “Environmental Side Agreements to Trade Treaties: A New Model of Environmental Policy Making?” by Margaret Laude Kuhlow
• “A Regional Approach to Military Pollution in Estonia,” by Deborah Bing
• “A Framework for Managing International Fisheries,” by Hather Clish
• “Environmental Impact Assessment: Addressing the Effects of Development at Transboundary and Global Scales,” by David Bryan Glascock
• “Reforming the Convention Amendment Process to Facilitate the Strengthening of Commitments,” by Jean Poitras
• “Environmentally Responsible Global Governance: How NGOs Can Help,” by Mary Risely
• “Managing Global Freshwater Resources: A Proposed Framework Convention Regarding the Use and Management of Freshwater Resources in International River Basins,” by Kathe Mullaly
• “Cultivating a Sustainable Agriculture Convention: Sowing Seed for a ‘Deep Green’ Revolution,” by Janet R. Mendler
• “Toward Legal Standing for Natural Objects: A Proposal for the Creation of the Universal Declaration of the Rights of the Environment and the Rights of Humans to a Healthy Environment,” by Ali Shirvani-Mahdavi

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The juxtaposition of diverging political and environmental trends at the turn of the millennium raises the following question: How can the current international treaty making system be corrected to ensure the design of effective treaties that will curb global environmental degradation?

The articles in this volume – the ninth in the series of PON Papers on International Environmental Negotiation – attempt to answer this question in an integrative fashion. They can be grouped into the following categories:

• The process of international environmental treaty making can be enhanced to incorporate methods and mechanisms that have been utilized in treaties conventionally seen as outside the environmental realm.
• Environmental concerns can be incorporated into global treates that until recently were seen as not contributing to environmental degradation.
• Effective corrections of traditional and non-traditional environmental treaties will require new actors, new technologies, and new ways of thinking.

Contributing authors include Maria Fariello, Tobin Freid, Tetsuya Nagashima, Kelly Sims, Ellen Shaw, Authur Ingolfsdottir, Ian Wadley, and Imke Wesseloh.

Papers in this volume include:

• “Fisheries on the High Seas Dividing the Pie,” by Audur Ingolfsdottir
• “The Visibility and Design of International Greenhouse Gas Emissions Trading,” by Kelly Sims
• “Improving Global Forest Management: Proposals for a Conservation Treaty and for an Enhanced Global Timber Certification Systems,” by Tetsuya Nagashima
• “The Potential for Environmental Contributions to Peace,” by Maria Fariello
• “Civil Society, the Environment, and the free Trade Area of the Americas,” by Kevin Gallagher
• “The Law and the Profits: Corporate Participating in the international Environmental Treaty Making Process,” by Ellen Shaw
• “Revolutionizing International Negotiation: Making Information Technology an Integral Part of Environmental Treaty Making,” by Tobin Fred and Imke Wesseloh
• “World’s Apart: A Proposal for Frame Reflective Discourse in International Environmental Negotiations,” by Ian Wadley

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Volume 11 of PON’s series on International Environmental Negotiation includes an eclectic group of papers. they range from Kashmir to the Nile and cover resource distribution and conservation, the role of women and indigenous peoples in reaching consensus, the rights of nonhuman animals, and innovative ways to reach an international agreement, among other diverse topics. If there is a theme to the papers of 2002, it is the need to include as wide a range of opinion as possible in deciding how to live in, use, and sustain the environment. Reaching workable strategies requires “buy-in” at all levels, from remote villages to the United Nations.

The papers in this volume include:

• “Addressing the Negative Impacts of Mining: A Proposed Global, Site-Specific Agreement for the Mining Industry,” Daniel Wald
• “Incorporating Hazardous Substance Source Reduction Strategies in Multilateral Environmental Agreements,” Xantha Bruso
• “Renewable Energy, Sustainable World: How Eliminating the Fossil Fuel Subsidies will Solve the Problem of Global Warming,” Faris Khader
• “An Integrative Approach to Science Advice for International Environmental Conventions,” Pia M. Kohler
• “Reforming the Global Compact,” Aki Ohata
• “The Environment as a Tool for Conflict Resolution: Negotiating an Environmental Solution for Kashmir,” Cynthia Brady
• “The Role of Reputation in International Environmental Negotiations,” Mihaela Papa
• “Addressing Protection of the Great Apes through International Legislation and Other Methods,” Paul Rubio
• “Women Without Borders: A Cross-National Perspective on Common Hurdles and Needs for Female Entrepreneurs,” Krista Salman
• “When Rivers Run Dry: A Management Approach for the Nile Basin,” Anne Angwenyi

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This twelfth volume in the PON series on international environmental negotiation moves into new areas not addressed in previous volumes. The task of negotiating international environmental agreements that are truly sustainable took on a new shape in the aftermath of the World Summit on Sustainable Development held in Johannesburg, South Africa in September 2002. The strongest outcome from that meeting was a call for agreements among governments, the private sector, and non-governmental organizations. While this is not an easy shift to make, the papers in this volume suggest that there are additional permutations and combinations of potential partners and strategies that can create new opportunities for sustainable agreements.

This volume includes:

Section One: Regional Strategies for Treaty Making

• “Negotiating Regional Bio-Issues or Conservation: Access and Benefit Sharing of Bioresources in the Himalayan Region of South Asia,” Ananda M. Bhattarai
• “The Regional Treaty Making Approach Toward Environmental Democracy,” Dong-Young Kim

Section Two: Incorporating New Actors Into Negotiations

• “Protecting Traditional Knowledge Through a Multi-Stakeholder Agreement & Network of Indigenous-Run Focal Points
• “United Nations Treaty Facilitators: A Proposal to Improve Environmental Treaty Making,” Alexis Gensberg
• “A Corporate-NGO Agreement to Spur Innovation in Vehicle Fuel Economy,” Sean M. Becker

Section Three: Utilizing Existing Tools More Effectively

• “The Usability of Science Advice to International Environmental Conventions,” Pia M. Kohler
• “Leadership: Redefining the Role of Global Environmental Secretariats,” Armando Yanez Sandoval
• “Evaluation and Improvement of the Multilateral Environmental Reporting System,” Kellyn Roth

Section Four: New Tools for Designing Treaties

• “The Contingent Agreement Approach to the Negotiation of Multilateral Environmental Agreements,” Peter H. Israelsson
• “Operationalizing the Precautionary Principle: Adopting of an Early Warnings – Early Action System,” Ami R. Zota

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This volume is the thirteenth in an annual series of research papers addressing a range of transboundary environmental negotiation issues. As the papers in each year’s volume suggest, a number of themes recur: Is it possible for the developing nations of the South to negotiate effective with the developed nations of the North? How can such non-governmental interests as environmental NGOs, scientific bodies and multinational corporations participate meaningfully in the treaty negotiation process? How can nations be encouraged to take credible scientific information seriously when working out multilateral agreements? What can be done to increase compliance with international environmental treaties when the community of nations seems unlikely to employ economic or military sanctions against nations that fail to honor them? How can such linked concerns as economic development, international trade, private investment, security, and human rights to be included in the environmental treaty-making process?

In addition to touching on these recurring themes, this series addresses new questions: It it possible to overcome deeply rooted value conflicts at the heart of transboundary treaty negotiations? Given obstacles to global treaty enforcement, is “soft law” a reasonable alternative? Could new institutional arrangements (such as emissions trading systems or permanent mediating entities) help ensure implementation of complex multilateral agreements? Would bringing new actors in the process increase the likelihood that meaningful agreements can be reached? These questions are explored in the contexts of deep value conflicts, transboundary water disputes, women’s leadership, greenhouse gas emission mitigation, transboundary movement of solid waste, and the use of soft law.

As in the other volumes in this series, the authors of the papers in this collection are current or recent advanced graduate students at MIT, Harvard and Tufts University studying international law, environmental policy-making, and conflict resolution. Many of these scholars have begun to implement their ideas in the real world by taking jobs in a wide range of countries and multilateral settings where they are being given the opportunity to test the kinds of innovations they propose in these pages.

The papers in this volume include:

• “Deep Value Conflict and the Whaling Controversy,” by Patrick Verkooijen
• “Creating a Self-Enforcing Multilateral Agreement in the Ganges-Brahmaputra River Basin,” by Jeremy Carl
• “Reframing the Tigris-Euphrates Basin Water Dispute,” by Ali Mostashari
• “Women’s Leadership for CLimate Change: Lessons from the Peace Process in Moving Negotiations Forward,” by Annabel Hertz
• “Carbon Mitigation Projects as a Tool for Environmental Initiatives and Sustainable Development,” by Nichola Minott
• “Removing the Kinks to Links: Developing a Framework for a Future Global Emissions Trading Regime,” by Justin Sullivan
• “Negotiating an Effective Multilateral Climate Change Agreement Using the Contingent Agreement Approach,” by John Larsen
• “Agreeing to Limits on trade: Addressing the Issue of the Transboundary Movement of Municipal Solid Waste,” by Andres Flores Montalvo
• “Improving Environmental Governance through Soft Law: Lessons Learned from the Bali Declaration on Forest Law and Governance in Asia,” by Erik Nielsen

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Each year since 1991, the Program on Negotiation has published a volume of collected papers on international environmental negotiation. The authors are advanced graduate students at MIT, Harvard and Tufts University studying international law, environmental policy-making, and dispute resolution. Each volume includes an introduction by professors Lawrence Susskind of MIT and William Moomaw of Tufts University.

These papers address a wide range of cutting-edge issues in the field, such as deep value conflicts, the North-South relationship, treaty enforcement and implementation mechanisms, and proposed new frameworks for managing transboundary disputes over issues such as water use, waste disposal, greenhouse gas emission, bioinvasive species, and fishing practices. Some papers are in-depth case studies of particular conflicts or agreements; others take a more theoretical approach, proposing alternatives or improvements to existing practice. The common thread is a focus on the technical, political, and practical issues involved in crafting international agreements for the preservation of the environment and sustainable and equitable use of natural resources.

Volumes 1,4 and 10 are out of stock, but all other volumes are still available. Please visit the individual webpages for each volume for more information. If you are interest in a particular paper from a given volume, please contact the Clearinghouse at chouse@law.harvard.edu or 800-258-4406 (within the U.S.) or 781-239-1111 (outside the U.S.) to make arrangements for a special purchase of that paper.

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The authors explore the kinds of institutional reforms that might help to strengthen the global environmental treaty-making system. Among the topics addressed are: ways to enhance the involvement of non-governmental organizations in the treaty-making process; the development of computer networks for “prenegotiation,” or conference preparation, to build alliances; and the use of remote sensing technology to further the cause of international environmental protection. This volume follows an earlier collection entitled Nine Case Studies of International Environmental Negotiation, published by the Program on Negotiation at Harvard Law School in 1990.

The papers in this volume include:

• “Nongovernmental Organizations: Their Past, Present and Future Role in International Environmental Negotiations,” by Nancy Lindborg
• “Secretariats and International Environmental Negotiations: Two New Models,” by Rosemary Sanford
• “Using Computer Networks to Improve Prenegotiation Discussions and Alliances for Global Environmental Action,” by John W. Wilson
• “The Remote Sensing Regime: Sources of Instability, Options for Reforms, and Implications for Environmental Treaty Making,” by Ian Simm
• “Tropical Deforestation and International Environmental Negotiation: An Illustration of the the North-South Confrontation,” by Marcella Obdrzalek
• “The International Joint Commission: A Possible Model for International Resource Management,” by Carol Reardon
• “The Convention on Biological Diversity: Negotiating a Global Regime,” by Martha Rojas and Chris Thomas
• “Strengthening UNEP to Improve Environmental Treaty Compliance,” by Joseph Mbuna
• “Improving Compliance Provisions in International Environmental Agreements,” by David Mulenex

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This volume is a preliminary sketch of how multilateral institutions may be crafted to better manage the environmental resources and systems of our planet. Prescriptive in nature, they search for ways to capitalize on the gains of the 1992 UNCED (United Nations Conference on the Environment and Development) and to ensure that its mistakes are not repeated.

This volume includes:

• “Environmental Nongovernmental Organizations at Intergovernmental Negotiations,” by Vanessa M. McMahon
• “Computer Networks and UNCED: Did They Really Increase Participation by Nongovernmental Organizations?” by Nancy Gabriel
• “Free Trade, Fair Trade, and Environmental Treaty Making,” by Andrew Winden and Amy. E. Matza
• “Integrating Environment and Trade: UNEP as an Observer of the GATT,” by Ameen Jan
• “International Environmental Mandates to MDBs: Bridging the Gap Between Objectives and Performance,” by David Fairman and Tamar Gutner
• “GEF: A Global Environmental Opportunity or Green Rhetoric,” by Daniele Guidi, William Conklin and Agueda de Areilza
• “Overcoming Barriers to Successful Technology Sharing: New Roles for GEF,” by Janet L. Sawin with Timothy K. Roorda
• “The European Community: Regional Economic Integration and Its Implications for International Environmental Negotiations,” by Daniel von Moltke and Ilze Gotelli
• “International Environmental Negotiation: A Strategy for the South,” by Adil Najam
• “Mediating Environmental Treaty Disputes and the International Court of Justice,” by Theodore A. Johnson

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MAJOR LESSONS:

It is difficult to create value when you discuss issues one by one, and when you and your negotiating partner are focused on articulating positions rather than interests.

In general, it makes sense to share your own interests, and persuade your partner to tell you his or hers by asking why he or she prefers specific options, and how he or she values different issues.

The opportunity to create value arises when you and your partner discover (by sharing interests) that you care about different things to different degrees, and you can trade across those differences.

Even when parties disagree about what a fair outcome would be, there is usually room for interpretation and negotiation on what standard of fairness the parties should use.

Aspirations can undo or facilitate a negotiation, depending on where they are set and how adjustable they are to new information.

Parties’ satisfaction levels may not be correlated to the total value they created; process and relationship/ rapport are also key determinants of how satisfied the parties are at the end of a negotiation.

Subjective satisfaction can change drastically if or when parties become aware of less-than-forthcoming behavior by their counterparts, or aware of opportunities for gain that were missed.

MATERIALS:

Participant materials include:

General instructions for both parties

Confidential instructions for Brattlebury

Confidential instructions for Viatex

MECHANICS:

This is a two-party scored negotiation simulation involving representatives of a company valled Viatex, that makes plastic bottles, and Brattlebury, one of its clients, which produces pharmaceuticals.

MAJOR LESSONS:

Participants will be judged according to the ability to create and claim value effectively by working across multiple issues simultaneously.

Asking and telling each other about specific interests to create value.

What standard of fairness to apply to the situation at hand.

How to manage aspirations, understanding how relationship/ rapport are key determinants of satisfaction with a negotiation and how awareness of each party’s interests affects this level.

SCENARIO:
Brattlebury Corporation manufactures a range of pharmaceutical, nutritional, and medical products for which Viatex supplies plastic bottles. The relationship between the two companies has existed for 10 years and both parties are satisfied with it thus far however Brattlebury is under pressure recently to cut costs due to less than stellar sales. After examining means to cut corporate costs, Brattlebury discovered that its RFP process was highly inefficient and cost both Brattlebury and Viatex significant amounts of time in drawing up a proposal every two years.

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Note: Each of the seven individual Workable Peace Series curriculum units may also be purchased separately. Please click on the links below for information about purchasing individual units. Purchase of the seven-unit Workable Peace Curriculum Series includes a site license, which grants the user permission to reproduce any of its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or an organization. If you have any questions about the scope of the site license, please contact Stacie Nicole Smith, Director of Workable Peace, at stacie@workablepeace.org or 617-492-1414 ext. 124; or the Program on Negotiation’s Director of Curriculum Development at 617-495-1684.

About Workable Peace

The Workable Peace curriculum – a conflict resolution program for high school students and young adults – is a product of the Workable Peace Project, directed by Stacie Smith and David Fairman at the Consensus Building Institute. The curriculum is designed to help students understand why intergroup conflicts begin, why some conflicts lead to violence, and how violent conflicts can be prevented and ended. Using class discussion and role plays based on actual current and historical intergroup conflicts, Workable Peace presents a framework for understanding integroup conflict at many levels, from local to international. After learning about inergroup conflict in the classroom, students will be able to apply the Workable Peace framework to conflicts in their own communities, under the supervision of teachers and community based conflict management professionals.

The Workable Peace curriculum has three parts: a framework that presents sources of intergroup conflict and conflict management strategies, detailed role plays set in historical and current hot spots of intergroup conflict around the world (e.g., Guatemala, Rwanda, the Middle East, and Boston during school integration), and civic learning projects on local integroup issues in students’ schools and communities. Each of the role plays is set at a time when many of those involved in the conflict have recognized the terrible consequences of prolonged violence for their own lives and for the groups to which they belong. The scenarios challenge students to play the roles of individuals who are deeply committed to their group identities. In the role plays, students must articulate the interests and needs of their characters, understand and accept those of the other characters, and create non-violent solutions for managing conflict.

Curriculum Series Contents

The Workable Peace Curriculum Series includes the following units, any of which may be purchased separately. Click below for more information on each:

Ethnic Conflict and Genocide in Post-Colonial Africa

Religion and Nationalism in Northern Ireland

Managing Conflict in the Middle East

Indigenous Rights and the Environment in Latin America

Ancient Greece and the Peloponnesian War

Civil Rights and School Integration in the United States

The Rise of Organized Labor in the United States

Comments from Teachers

“This curriculum was created with teachers in mind, providing assessment tools and a user-friendly framework for thinking through conflict.”

“Workable Peace is a program that really does work! My students were involved until the very end and they learned a lot.”

“It is imperative that people learn how to deal with conflicts, and how to resolve them appropriately without violence. … This simulation is one of the best things that we do in school.”

Comments from Students

“I’ve learned that conflict is not what causes the problems of the world; it’s the way people deal with these conflicts that causes the problems.”

“Performing in this role-play game me a chance to speak in class, and allowed me to have an opinion on what we were working on, which I find I can’t do in a lot in my classes.”

“Not only does this teach me about history, culture, and politics, but also about peaceful negotiations and what it takes to create a society in which all members feel accepted and independent.”

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Note: Purchase of the teacher’s manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Religion and Nationalism in Northern Ireland curriculum (entitled “The March at Drumcree Role Play”) may be purchased on a per participant basis. If you have any questions about the scope of the site license, please contact Stacie Nicole Smith, Director of the Workable Peace, at stacie@workablepeace.org or 617-492-1414 ext. 124; or the Program on Negotiation’s Director of Curriculum Development at 617-495-1684.

Religion and Nationalism in Northern Ireland

This unit discusses the ethnic, political, and religious conflict in Northern Ireland. Students study the history of the conflict and examine the responses of various parties to the Good Friday Agreement. The role play, March at Drumcree, focuses on annual Protestant commerations celebrating the 1690 defeat of the last Catholic king of England. These celebrations, in the form of marches through the Protestant neighborhoods of Portadown, have been occurring for nearly two hundred years; however, the neighborhood Catholics, who view the marches as a symbol of Protestant domination, have sought to end them. The representatives and a mediator work to resolve issues about the current march, its route, and its future.

Overview of the Workable Peace

Workable Peace is an innovative high school humanities curriculum and professional development project for secondary school classrooms. Using new teaching materials and strategies, Workable Peace integrates the study of intergroup conflict and the development of critical thinking, problem-solving, and perspective-taking skills in social studies and humanities content. It gives teachers academically rigorous tools for teaching the major themes and key events of history in ways that enliven the imagination, awaken moral reasoning, and impart social and civic skills that students can use throughout their lives.

By inviting students to examine history and current events from multiple perspectives, Workable Peace develops students’ abilities to understand the underlying sources of intergroup conflict and allows them to practice skills for resolving conflicts without violence. Workable Peace integrates the study of intergroup conflict with core social studies and humanities subjects, and helps students understand and make connections between conflicts around the world, in the U.S., and in their own schools and communities. In these ways, Workable Peace makes the teaching and learning experience more creative, productive, and meaningful.

A team from Harvard’s Graduate School of Education evaluated the Workable Peace curriculum and found significant improvements in students’ tolerance for different points of view, understanding of conflicts and strategies for resolving them, and listening and perspective-taking skills. In addition, students demonstrated deeper understanding of the historical content they were studying, and a stronger ability to connect this with other historical conflicts, and conflicts in their own lives.

The Workable Peace curriculum reflects core concepts and key content areas in the Curriculum Standards for Social Studies of the National Council for Social Studies (NCSS) and similar state standards. It is designed to be integrated into secondary school social studies and humanities classes. It can be used in after school or out-of-school settings.

Each Curriculum Unit contains five sections (each with a detailed Teacher’s Guide):

1. An analytical framework that teaches the sources of integroup conflict and conflict management strategies.

2. Introductory activities to teach conflict analysis, using historical events and primary source documents.

3. An in-depth role play that challenges participants to voice their group’s needs, understand the needs of others, and seek ways to meet their goals through negotiation with representatives from other groups.

4. Additional resources, including an annotated bibliography of additional information on the issues in the role play, as well as civic learning activities that apply the conflict resolutions skills to parallel issues in students’ lives.

5. Additional negotiation and mediation skill-building activities.

To order at the reduced K-12 rate please provide (in the “Comments” box in the online check-out process) the name and address of the K-12 institution, and the name of the teacher who will be using the curriculum as well as the name of the course in which the curriculum will be used.