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SCENARIO:
In the state of Jefferson, an emergency situation has developed due to tremendous increases in the quantity of hazardous industrial waste produced each year. As of January 1 next year, the one in-state landfill must be closed. There are already signs that the water supplies in adjacent areas have been contaminated. The Commissioner of Environmental Quality has pressed the Governor to decide on a policy for hazardous waste disposal.
The Governor has appointed an eight-member "blue ribbon" committee to provide advice on the policy. In the Committee's first meeting, factions polarized and no agreements were reached. The Committee has agreed to convene one more time in an attempt to reconcile its differences and to make a recommendation to the Governor. The five key issues under discussion are: the relative emphases on health/safety/environment v. economic development/financial interests; the administration of environmental standards; the acceptable levels of risk to human’s health and safety; the restrictions on waste production; and compensation to adversely affected neighborhoods and the right of citizen review. If the parties cannot agree, the Governor will draft guidelines, with no special "input" from the major parties involved in this controversy.
MAJOR LESSONS:
There are numerous sources of negotiating power that are not necessarily correlated with a party's political clout away from the bargaining table.
A good working relationship may be a source of leverage in a negotiation.
There is often a substantial gap between a negotiator's aspirations (his or her view of the best agreement possible) and his or her BATNA. It often takes several rounds of give-and-take to estimate the gap.
It is possible to convince other parties to lower their aspirations by pointing out the advantage of reaching an agreement that is slightly better than their BATNA, as opposed to not reaching an agreement because of sticking to unrealistically high aspirations.
MECHANICS:
Estimated Time Requirements:
Total time of 2.5 hours
30 mins: read instructions
90 mins: negotiate
45 mins: debrief
TEACHING MATERIALS:
For all parties:
General Instructions
Role Specific:
Confidential Instructions for
Chair of the State Environmental Coalition
Commissioner of Economic Development
Commissioner of Environmental Quality
Lawyer for Citizens for Responsible Government
Mayor of Redford
President of the Jefferson Chamber of Commerce
Representative from the Jefferson Labor Coalition Representative of the Hazardous Waste Generators Association
Teacher's Package (52 pages total):
All of the above
Notes on logistics, further reading, debrief, BATNA issues and suggested exam questions
Please note that this exercise is included in the Resolving Public Disputes package, also available through the Clearinghouse.
KEYWORDS:
Environmental dispute resolution; multi-party negotiation; environmental justice; joint fact finding
THEMES:
Agenda control; BATNA; Caucusing; Coalitions; Consensus building; Cost-benefit analysis; Integrative bargaining; Objective criteria; Options, generating; Public opinion
SIMILAR SIMULATIONS:
Chemco Inc.
Humboldt: Mediating a Regional Development Dispute
Siting an Asphalt Plant in the City of Madrona
The Carson Extension [environmental justice games for the EPA]
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