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Free review copies of non-English Teacher’s Packages will be emailed upon request. Please contact chouse@law.harvard.edu or telephone 800-258-4406 (within the U.S.) or 781-966-2751 (outside the U.S.)
SCENARIO:
Big Pipeline, a construction company, is building a pipeline through land owned by First Nation (Native American) peoples. Twenty years ago, a similar project by the same company left many of the indigenous peoples feeling dissatisfied and unhappy – this has resulted in tensions in this current negotiation. Happily, most of the issues between the Mountain Home Band, the group of First Nations people who will be the most affected, and Big Pipeline have been worked out. One major issue remains – allocation of job opportunities. How many laborers should be used for the construction project and how many of these jobs should be reserved for Mountain Home Band people?
MAJOR LESSONS:
It is possible to negotiate agreements that create gains for you and for them–you can both beat your BATNA. To create joint gains, use the Mutual Gains Approach:
- Know your own BATNA and interests
- Set your aspirations
- Communicate your interests, and probe for their interests
- Trade across issues you value differently
- Use standards you can both accept to help you choose among options and packages
Manage the opportunities and dangers involved in setting aspirations:
- Set your aspirations high
- Be responsive to new information; don’t be rigid.
- When you do adjust your aspirations, be careful not to leave value unclaimed.
- Help your partner do the same.
Negotiate as if relationships mattered:
- Don’t jeopardize long-term relationships by pushing too hard for short-term gain.
- Effective “cross-cultural” negotiation depends upon making sure you are understood (and understand).
- The rewards of modest risk-taking can be substantial. There will always be tension between the advantages of cooperation and the need to “compete.”
- Good negotiators develop a repertoire of negotiating styles.
- You have to talk about relationships to improve them.
MECHANICS:
This negotiation may be run within 30 minutes with a 10 minute prep-time. You should allow at least 20 minutes for debriefing
TEACHING MATERIALS:
For all parties:
- General Instructions
Role specific:
- Big Pipeline Project Manager + score sheet
- Mountain Home Band Chief + score sheet
Additional Teaching Notes:
- Summary of ‘lessons learned’
- Summary score sheet for 120 players
- Chart of possible scores