ESSEC

LAW DEPARTMENT

SJU243:Negotiation Workshop

Section 1 : Florrie Darwin

Section 2 : Thomas Guedj

Section 3 : Aurélien Colson

1. Abstract

This workshop aims at improving your interpersonal skills in negotiation situations. Beyond theories, how do you actually prepare, implement, and debrief a negotiation strategy in order to conclude a deal or to solve a conflict? Are you able to ask appropriate questions, or to present convincing arguments to a client, to a business partner or to another lawyer? Are you creative in developing options which are rooted in criteria of legitimacy? How do you react to a question or to an argument from the other side? Are you able to overcome different obstacles to successful negotiations: cognitive, emotional, institutional, cultural, etc.? In other words, aware of how you really behave in negotiation contexts, should you behave the same way, or differently? How can you learn to be a better negotiator, or even a mediator?

2. Objectives

The course has the following objectives:

• Increasing participants' awareness about negotiation complexity
• Making the participants better analysts of negotiation, theirs and others'
• Enhancing participants' negotiation skills, broadening their repertoire
• Dealing efficiently with tensions, differences, and conflicts
• Improving working relationships, with subordinates, peers, and superiors
• Making better deals and contracts, especially in international contexts
• Learning how to be a mediator, to facilitate others' projects or conflicts
• Learning how to really learn from experience

3. Teaching Methods

Participants will be presented with practical simulations that they will be asked to prepare at home before class, to play with their classmates, in pairs or in teams, and finally to debrief with the entire group. Summary lectures will end each session. The whole pedagogy is based on "telling, showing and doing" in order for each participant to progressively elaborate a more efficient personal negotiation method.

Before class starts, students are asked to read the first simulations Oil Pricing and Sally Soprano. Most of the cases and exercises are borrowed from Harvard or IRÉNÉ materials. During the workshop, they will also have to read Getting to Yes by Roger Fisher, William Ury & Bruce Patton (Penguin, 1981, 19912), as well as

Thanks to a special password which will be distributed later, participants will also be able to connect themselves to IRÉNÉ Extranet. IRÉNÉ, the Institute for Research and Education on Negotiation in Europe, was founded at ESSEC and gathers academics and professionals from France and abroad. IRENE promotes research through conferences and publications. More information on www.irene-paris.com.

4. Evaluation and Grading

Students need to actively participate in class. Preparation of simulations before class is therefore required. Participants must not miss any session. Should they miss more than two, they would not qualify for credit.

After each class day, participants will write their journal, where they report their daily personal experience. This work is subjective, should recall theory only to link it with practice, in the simulations or in everyday life. Information that the journal contains is kept confidential among IRÉNÉ instructors. It should not, and will not be communicated to other students.

On October 4, participants will hand in their final journal which summarizes their four- day workshop, including their e-mail negotiations, and which uses italics to differentiate elements which have been added to the daily entries.

The final grade will be based on class participation (50%), and the final version of their journal (50%). Participants who inform their instructor on the first day of the course of their wish to take this course Pass/Fail can do so; they have to satisfy the same requirements as other students.

5. Administration

The course will be taught at ESSEC, Av. B. Hirsch, Cergy, from September 24, 2001 to september 27, 2001. Class starts at 9:00 sharp and often ends at the end of the afternoon, much later than 4:15.

As class attendance is mandatory and limited to 24 people in each section, and as there is a waiting list, students who could not be there on time on Monday morning will be replaced.

On Monday morning at 9:00, all workshop participants are expected in room PA 4.

For the rest of the workshop, section 1 (Florrie Darwin) will meet in rooms E19 & E14; section 2 (Thomas Guedj) will meet in rooms E17 & E13; section 3 (Aurélien Colson) will meet in rooms C103 & C105.

Because of the workload of the workshop, participants should not schedule any other activity during the week of the workshop.

If you need any administrative help before, during or after the workshop, please contact Pascale Castex, Law Department Coordinator (castex@essec.fr).

6. Course Outline and Assignments

DAY ONE : MONDAY SEPTEMBER 24, 2001

Assignments for DAY ONE :

• Read Fisher & Ury, Getting to Yes, Penguin, 1981, 19912.
• Prepare Oil Pricing.
• Prepare Sally Soprano.

Program of the MORNING : Session 1 : INTRODUCTION (Room PA4)

• SIMULATION 1 : Oil Pricing
• Break
• Review : Strategical behavior
• Lecture : Presentation, workshop purpose and structure

Program of the AFTERNOON : Session 2 : NEGOTIATION BASICS

• SIMULATION 2 : Sally Soprano
• Break
• Review : Interests, options, BATNA, criteria, relationship, communication, commitment
• Lecture : Preparing for negotiation

DAY 2 : TUESDAY SEPTEMBER 25, 2001

Assignments for DAY TWO :

• Journal for day one.
• Prepare Eazy's Garage.
• Prepare Redstone Development.

Program of the MORNING : Session 3 : THE PREPARATION

• SIMULATION 3 : Eazys' Garage
• Review : How to generate options ?
• Break
• EXERCISE 1 : The Crazy Cow

Program of the AFTERNOON : Session 4 : THE NEGOTIATION DILEMMA

• SIMULATION 4 : Redstone Development
• Break
• Review : Dealing with the first tension
• EXERCISE 2 : The Sentence
• Lecture : Managing the first tension
• SIMULATION 5 : Powerscreen (I) : The Fight

DAY 3 : WEDNESDAY SEPTEMBER 26, 2001

Assignments for DAY 3 :

• Journal for day two.
• Prepare Powerscreen.
• Prepare The Visiting Rooms.

Program of the MORNING : Session 5 : WORKING ON EMPATHY

• Lecture : From Contract to Conflict
• SIMULATION 5 : Powerscreen (II) : Principal ---> Agent
• Review : Understanding clients
• EXERCISE 3 : The Landscape
• Break
• SIMULATION 5 : Powerscreen (III) : Agent <---> Agent
• SIMULATION 5 : Powerscreen (IV) : Agent ---> Principal
• Review : Managing the three tensions

Program of the AFTERNOON : Session 6 : THE ART OF FRAMING

• SIMULATION 6 : The Visiting Rooms
• Break
• Review : Efficiency of arguments in two-level negotiations
• Managing the three tensions
• Lecture : Managing the awareness process
• EXERCISE 4 : The Weather
• SIMULATION 5 : Powerscreen (V) (optional)

DAY 4 : THURSDAY SEPTEMBER 27, 2001

Assignments for DAY 4 :

• Journal for day three.
• Prepare Chestnut Village
• Prepare Guantama.

Program of the MORNING : Session 7 : MULTI-PARTY NEGOTIATION

• SIMULATION 7 : Chestnut Village
• Group Preparation
• Break
• Review : The challenge of conference negotiation
• Lecture : Multiplying perspectives in negotiation

Program of the AFTERNOON : Session 8 : CRISIS MANAGEMENT

• Lecture : From Negotiation to Mediation.
• SIMULATION 8 : Guantama
• Break
• Review : Crisis management
• EXERCISE 5 : The Lady Exercise
• Lecture : Preparing mediation

FINAL ASSIGNMENT for THURSDAY OCTOBER 4, 2001

• Hand in the final version of your JOURNAL.
• NO EXTENSION WILL BE GIVEN.

7. Readings

Required Readings

• Fisher, Roger, Ury, William & Patton, Bruce. Getting to Yes. Penguin, 1991.

Complementary Readings

• Axelrod, Robert. The Evolution of Cooperation. New York: Basic Books, 1984.
• Beaufort, Viviane de - & Lempereur, Alain. "Preparing Mergers and Acquisitions in the
• European Union : The Asset of Cooperative Negotiation " in Usunier & Ghauri (eds). International Business Negotiations. Oxford : Elsevier, 1996.
• Brett, Jeanne, Adair, Wendi; Lempereur, Alain & alii. "Culture and Joint Gains in Negotiation" Negotiation Journal XIV (1998) 1:61-86.
• Dupont, Christophe. La Négociation. Conduite, Théorie, Applications. Paris: Dalloz, 19903.
• Faure, Guy Olivier & Rubin, Jeffrey. (éds.) Culture and negotiation. Newbury Park: Sage, 1993.
• Fisher, Roger & Ertel, Danny. Getting Ready to Negotiate. New York: Penguin, 1995.
• Foster, Dean Allen. Bargaining across Borders. New York: McGraw-Hill, 1995.
• Goldberg, Stephen; Sander, Frank & Rogers, Nancy. Dispute Resolution : Negotiation, Mediation and Other Processes. Boston : Little, Brown & Company, 1992.
• Kahneman, David & Tversky, Amos. Judgment under Uncertainty: Heuristics and Biases. Cambridge: Cambridge University Press, 1982.
• Karass, Gary. Negotiate to Close. London: Harper Collins, 1995.
• Lax, David & Sebenius, James. The Manager as Negotiator. New York: The Free Press, 1986.
• Lempereur, Alain. "Negotiation and Mediation in France. The Challenge of Skill-Based Learning and Interdisciplinary Research." Harvard Negotiation Law Review. Vol. 3, Printemps 1998, 151-174.
• Lempereur, Alain (éd.). Modèles de médiateurs et médiateur-modèle. Paris-Cergy: IRENE, 1999.
• Mnookin, Robert; Peppet, Scott & Tulumello, Andrew. "The Tension between Empathy and Assertiveness" Negotiation Journal XII (1996) 3, 217-230.
• Moore, Christopher. The Mediation Process. San Francisco: Jossey-Bass, 1996.
• Neale, Margaret & Bazerman, Max. Cognition and Rationality in Negotiation. New York: The Free Press, 1991.
• Raiffa, Howard. The Art and Science of Negotiation. Cambridge, MA: Belknap Press of Harvard University Press, 1982, 199412.
• Ross, Lee. Reactive devaluation in negotiation and conflict resolution. In Arrow, K., Mnookin, R., & alii. (eds.) Barriers to Conflict Resolution. New York: Norton, 1995, 26-42.
• Ury, William. Getting Past No. New York: Bantam Books, 1993.
• Ury, WIlliam; Brett, Jeanne et Goldberg, Stephen. Getting Disputes Resolved: Designing Systems to Cut the Cost of Conflict. Cambridge, MA : Program on Negotiation Books, 1988.

8. The Instructors

Aurélien Colson holds a diploma from the Paris Institut d'Etudes Politiques and from l'ESSEC, and a MA in International Conflict Analysis from the University of Kent at Canterbury, where he works on his Ph.D. on the International Crime Tribunal for the former Yougoslavia, with the Gilbert Murray Trust, Oxford. Lecturer at ENA and at ESSEC, he is also teaching at the Ecole Nationale des Ponts et Chaussées and at the Institut Catholique de Paris. He is also a member of IRÉNÉ (Institute of Research and Education on Negotiation in Europe). Aurélien COLSON is now a member of the French Prime Minister's Cabinet.

Thomas Guedj is a consultant and a trainer in the fields of negotiation, mediation and alternative dispute resolution. He is an attorney at New York and Paris Bars. Getting his LL.M. from Harvard, he specialized in negotiation with Roger FISHER. Founding member of IRENE, he is a negotiation lecturer, namely at ESSEC, at the University Paris II, and at the Ecole Nationale d'Administration. He produced many negotiation simulations ; and coauthored, with Jacques SALZER, a videotape on a mediation in a conflict between two companies.

Florrie Darwin (BA, Columbia; JD, Harvard Law School) teaches negotiation and mediation at Harvard University. She is the chair of the Cambridge Planning Board, which reviews and adjudicates land use planning matters for the City of Cambridge, Massachusetts, and former chair of the Cambridge Rent Control Board. She mediates cases in small claims courts, and is an outside adjudicator of foster care cases for the Massachusetts Department of Social Services. Her last conference at ESSEC was on "Understanding Multicultural Mediation." She has been a visiting lecturer at the University of Toronto Faculty of Law, and a lecturer at the ENA in France. She practiced for several years with the firm of Hill & Barlow in Boston, where she had extensive negotiation experience. She is a member of the Massachusetts Bar, the Society for Professionals in Dispute Resolution, the Board of Directors of the National Association for Public Interest Law, and is a trustee of the Cambridge Affordable Housing Trust.