Please note: The following syllabus is adapted from the negotiation course syllabus developed by Professor Elaine Landry for the F.W. Olin Graduate School of Business, Babson College.

NEGOTIATION
MOB 7120, Section 2
Summer Term 2002
Melissa Manwaring

Times and Location:

Tues. & Thurs. 6:30 – 9:00 p.m.
May 21 – July 2, 2002
Olin 225

Contact Information:

Instructor: Melissa Manwaring
Phone: 617-495-1684 x534
Email: mmanwar@law.harvard.edu or mmanwaring@babson.edu
Office hours by appointment

Departmental Coordinator: Sheila Faherty
Phone: 781-239-4390
Email: faherty@babson.edu
Tomasso 212

Course Description:

The purpose of this course is to help you understand the theory and processes of negotiation so that you can negotiate successfully in a variety of settings. The course is designed to be relevant to the broad spectrum of problems faced by the manager and professional. Class sessions explore the many ways that individuals think about and practice negotiation – with colleagues, employers, employees, clients, outside agencies, and others.

Because negotiation is a subject of increasing theoretical study, we will explore concepts developed in a number of academic fields, including business, law, and psychology, including tools for negotiation preparation and analysis. And, since negotiation involves individual abilities and not just intellectual understanding, we also will look closely at personal skills and experiences. You will have a chance to learn more about your own negotiating preferences and the consequences of the choices you make. In addition, you will be asked to accept and offer feedback on the negotiation behavior that you demonstrate and observe. Equally important will be practice in formulating your own theories about negotiation and extracting insights from your experiences to guide you in future negotiations. Thus, you will need to read and prepare carefully, participate freely, critique yourself and others, and spend significant reflection and writing time in order to learn as much as possible from the course.

Course Materials (all available at the Bookstore):

Overview of Course Requirements:

Because of the highly experiential nature of this course, attendance and class participation are required. I assume that you will miss no classes, always attend prepared, and demonstrate your full engagement. At a minimum, skilled application of readings, useful questions and insights about in-class negotiation experiences, openness about self-learning, and constructive observations regarding classmates' negotiating behavior are expected from all participants, regardless of the level of outside experience and sophistication your bring to this work.

In addition to these forms of participation, there are three written assignments: Assignment #1 (a short-answer exercise entitled Jessie Jumpshot); Assignment #2 (a 3 – 5 page paper analyzing a negotiation in which you personally participated); and Assignment #3 (a 5 – 10 page paper describing and supporting a set of negotiation propositions and guidelines). I will hand out more information about these assignments later in the course.

Grades will be compiled as follows:
Class participation (including attendance, preparedness, and
quality – not necessarily quantity – of comments and questions)……………..40%
Assignment #1 (Jessie Jumpshot).………………………………………………5%
Assignment #2 (Personal Negotiation Analysis; 3-5 pp.)..…………………….20%
Assignment #3 (Negotiation Guidelines; 5-10 pp.)………………………….....35%

Everyone will begin each class session with a B, which is an indication that you have met the expected standard. Homework and participation grades also will be recorded as a B if the assignment and/or exercise requirements are met. Grades will by raised for exceptionally good written work or participation. Grades will be adjusted downward for work which could benefit by further attention or review, or for insufficient participation class discussions and/or exercises. Grades will also be adjusted downward for such things as late assignments, substantially weak preparation for classroom exercises, or unhelpful, unsupported, or otherwise counterproductive contributions to course activities.

Please note that you will not be graded on the substantive outcome of any negotiation exercise, included the outcome of scorable exercises. This policy reflects the fact that, while you do have significant influence over your substantive outcome, part of your outcome will be a function of your assigned role and your negotiating partner(s). More importantly, this policy is designed to encourage experimentation with different negotiation styles and tactics. In my experience, students who are graded on their substantive outcomes will be reluctant to try unfamiliar negotiation approaches – thus protecting their grades but inhibiting their learning. In this course, your participation in the negotiation simulations will be evaluated on the thoroughness of your preparation, the degree of your effort and engagement during the exercise, and the quality of your post- simulation reflection and analysis, regardless of your outcome.

Note on Attendance
Active participation will be the key to learning all there is to learn from this course. Moreover, most classroom exercises depend on every class member being well-prepared to carry out a certain role as well as being prepared to share insights from the experience with the rest of the class. Absence is likely to cause significant inconvenience and loss of opportunity to others. If you know, therefore, that you will be unavoidably absent for any portion of a given class, please let me know (in writing) as soon as possible so that I can reconfigure the exercises for that class. If you must miss class unexpectedly, please leave me a voice mail message to that effect prior to the class session. You will be asked to complete a substitute assignment for any missed class.

Assignments are required whether or not you attend the designated session. In fairness to the competing obligations of each member of the class, grades for all late assignments will reflect at least a third of a grade deduction (e.g., B+ to B, or B- to C+). Further deductions will be made based on the length of the extension.

Any unexcused absence will automatically result in a two-thirds letter grade deduction (e.g., B+ to B-, or B- to C). An absence will be considered unexcused if you do not notify me of your absence and the reason before the start of class, or if you do not provide documentation of the reason for your absence (e.g., a doctor's note) within one week after missing the class. More than two unexcused absences will cause you to fail the course.


WORKING SYLLABUS


Class 1 (Tue., May 21): Dynamics of Distributive Bargaining
  • Introduction/Course Overview
  • Exercise: "Parker-Gibson"
  • After-class Readings:
    • Schelling, Thomas, "An Essay on Bargaining," The Strategy of Conflict 21-52 (Cambridge, MA: Harvard University Press, 1960; 1980)
    • Raiffa, Howard, "Elmtree House," The Art and Science of Negotiation 35-43 (Harvard University Press, 1982)
    • Essentials of Negotiation, pp. 1-21, 54-79

Class 2 (Thur., May 23): Introduction to Integrative Bargaining
  • Exercise: "Sally Soprano" (prepare before class)
  • After-class Readings:
    • Lax, David A. and James K. Sebenius, "Interests: The Measure of Negotiation," Negotiation Journal 73-92 (Plenum Publishing Corp., January 1986)
    • Davis, Albie M., "An Interview with Mary Parker Follett," Negotiation Journal 223-235 (Plenum Publishing Corp., July 1989)
    • Bazerman and Gillespie, "Betting on the Future: The Virtues of Contingent Contracts," Harvard Business Review, Sept. – Oct. 1999
  • Assignment #1 (Jessie Jumpshot) handed out in class
Class 3 (Tue., May 28): A Framework for Preparation
Class 4 (Thur., May 30): Sources of Power and Value Creation
  • Guest instructor: Professor Anne Donnellon (Babson College)
  • Exercise: "The Tendley Contract" and/or "The Colortek Job" (prepare before class)
  • After-class Readings:
    • Fisher, Roger, "Negotiating Power: Getting and Using Influence," American Behavioral Scientist, Vol. 27, No. 2, at 149-166 (Sage Publications, Inc., November/December 1983)
    • Essentials of Negotiation, pp. 132-161
    • Getting to YES, pp. 177-187
Class 5 (Tue., June 4): What is a Good Outcome?
  • Exercise: "Chuck's Wagon" (prepare before class)
  • After-class Readings:
    • Getting to YES, pp. 107-165
    • Essentials of Negotiation, pp. 79-87 and 207-226
Class 6 (Thur., June 6): Dealing with Difficult Tactics
  • Assignment #2 (Personal Negotiation Analysis) Due
  • Guest speaker: Robert Bordone (Harvard Law School)
  • Difficult tactics exercises
  • After-class Readings:
Class 7 (Tue., June 11): Managing Difficult Conversations
  • Exercise: "Casino" (prepare before class)
  • After-class Readings:
Class 8 (Thur., June 13): Cross-cultural Negotiation
  • Exercises: "Zabian"; "MedLee" (prepare before class)
  • After-class Readings:
    • Adler & Silverstein, "When David Meets Goliath: Dealing with Power Differentials in Negotiations" 5 HNLR 16-28, 77-110 (2000).
Class 9 (Tue., June 18): Introduction to Multiparty Negotiations Class 10 (Thur., June 20):
  • Exercise: "Pepulator Pricing Exercise" (prepare before class)
  • Film: "Balance"
  • After-class Readings:
    • Hofstadter, "The Prisoner's Dilemma: Computer Tournaments and the Evolution of Cooperation," in Metamagical Themas: Questing for the Essence of Mind and Pattern 715-734 (Basic Books, 1985)
    • Fisher and Brown, "A Note on Tit for Tat," in Getting Together: Building Relationships as We Negotiate 197-202 (Penguin, 1988)
Class 11 (Tue., June 25): Managing Coalitions and Other Multiparty Dynamics
  • Exercise: "HarborCo" (prepare before class)
  • After-class Readings:
    • Sebenius, James K., "Sequencing to Build Coalitions: With Whom Should I Talk First?," Wise Choices: Decisions, Games and Negotiations (Zeckenhauser, Keeney and Sebenius, eds.) 324-328 (Boston, MA: Harvard Business School Press, 1994)
    • Shell, "When is it Legal to Lie in Negotiations?" 32 Sloan Mgt. Rev. 93-101 (1991)
Class 12 (Thur., June 27): Ethical Considerations
  • Exercise: "Teflex Products" (prepare before class)
  • After-class Readings:
    • Argyris, Chris and Donald A. Schon, "What is an Organization That It May Learn?", Organizational Learning II: Theory, Method, and Practice 3 – 17 (Addison Wesley Longman, 1996)
    • Moore, Christopher W. and Peter J. Woodrow, "Collaborative Problem Solving Within Organizations," in Lawrence Susskind, ed., Consensus Building Handbook Handbook 591 – 630 (Sage Publications 1999)
    • Essentials of Negotiation, pp. 162-182
Class 13 (Tue., July 2): Negotiating Within Organizations

Assignment #3 (Negotiation Guidelines) due by 4:00 p.m. on Wed., July 3


Calendar of Assignments

(Reflects assignments to be completed prior to each class)

SUN. MON. TUE. WED. THURS. FRI. SAT.
May 19 20 21
-First class (no prep required)
22 23
- Prepare Sally Soprano
- Readings
24 25
26 27 28
-Assignment #1 due in class-Prepare PowerScreen
-Readings
29 30
-Prepare Tendley and/or Colortek
-Readings
31 June 1
2 3 4
-Prepare Chuck's Wagon
-Readings
5 6
-Assignment #2 due in class
-Readings
7 8
9 10 11
-Prepare Casino
-Readings
12 13
-Prepare MedLee
-Readings
14 15
16 17 18
-Prepare Three- Party Coalition
-Readings
19 20
-Prepare Pepulator
21 22
23 24 25
-Prepare HarborCo
-Readings
26 27
-Prepare Teflex
-Readings
28 29
30 July 1 2
-Readings
3
Assignment #3 due by 4:00 p.m.
4 5 6




NOTE ON COURSE DESIGN

This will be a highly interactive course. It is premised on two assumptions -- one about the way the course is taught and the other about what is taught.

The first assumption is that the ability to negotiate successfully rests on a combination of analytical and interpersonal skills. Analysis is important because negotiators cannot develop promising strategies without a deep understanding of the context of the situation, the dynamics at work, and the range of possible moves and countermoves. Interpersonal skills are important because negotiation is essentially a process of communication, trust building (or breaking), and mutual persuasion.

This course develops a set of conceptual frameworks that should help you be a more reflective, more analytically savvy, and, in all senses of the term, better negotiator. These negotiation frameworks and principles are best learned via hands-on experiences. Thus, most classes will have significant time allotted to role simulations and other interactive exercises. These exercises have been selected to help illustrate points in the readings, as well as to motivate further discussion and reflection. Through them, you will have the opportunity to use your powers of communication and persuasion and to experiment with a variety of negotiation strategies and tactics.

The second assumption is that the principles of negotiation and dispute resolution are central to almost every aspect of professional life. Classroom exercises are set in a broad variety of business contexts and highlight a range of substantive issues, including salary negotiations, contract negotiations, workplace disputes, inter-organizational relations, joint ventures, and organizational change. Some will highlight quantitative issues such as salary or profit, while others will highlight less concrete – but equally important – issues such as relationships and reputation. Although some of these negotiation events may not reach completion during class time, they should serve as launches to your own experiences outside of class.

Suggestions for classroom exercises

1. Both experience and theory are essential to improving skills. The experiential learning, which takes place in the classroom and in the exercises, is the heart of this course. A feeling of openness and trust among participants will increase our ability to learn from each other. To foster this exchange of experience, suggestions and ideas, please treat the information shared by others in the class as confidential. You can rely on me to do the same – in class and with all of your assignments.

2. I will make specific role assignments for most classes. In the remaining classes you will be given the opportunity to choose your discussion/ negotiating partner(s). There are advantages and disadvantages to working with individuals whose style and beliefs are well known by you. I will do my best to provide you with both a mix of roles and a mix of partners over the term. If you find yourself repeating either partners or simulation assignments, ask to switch. Although it may seem low cost to link up with friends, it is my experience that most that choose this route ultimately find it limits their take-aways from the class. To the extent that your wits and emotions are engaged in exercises with a wide spectrum of people, you will become a more aware and effective negotiator.

3. Empathize with your assigned roles. I expect you to take the simulations seriously and to do your best to see the world as your assigned character could see it and behave accordingly. Within that general guideline, I urge you to experiment with a variety of approaches and tactics – even if they may be viewed as unconstructive by your negotiating partner(s). Do all you can to stay in role. If the other person comes out of role, ignore that interruption. As with a sports match among friends, it does more for your game -- and is more fun -- to play vigorously and intelligently while on the "field."

4. The facts of the cases are drawn from real situations, and additional information you know or discover from other sources may be relevant and helpful. You may draw on such sources and even invent additional information, if you see the need, provided:

  1. that the additional information does not change the basic problem presented by the case or contradict facts given in the instructions; or
  2. you have not been instructed to do otherwise. Of course, in negotiating you can also misrepresent "the facts" in any way you choose. For purposes of review, however, that will be viewed as a misrepresentation strategy whenever you have no factual basis for material assertions.

5. Many of the exercises include confidential instructions. Do not show these instructions to others unless they have been assigned the identical information. Obviously, you may choose to discuss or even reveal some of the content provided as part of your strategy, but resist opportunities to compare actual instruction sheets. It is easy to defeat the purpose of these exercises, but resist this possibility and please do not discuss exercise material with past or future course participants. Exchanging this information will not assist you – or them – in improving negotiation effectiveness. It will devalue your own experience, spoil things for other students, and deaden discussion. Furthermore, getting things "right" or "wrong" in negotiating sessions does not improve or worsen your grade.

6. Unless instructed to do so, you are not required to reach a consensus, or any other form of agreement. You are also not required to model any particular style or philosophy of negotiating effectiveness.

7. Some of the exercises will take longer than you need them to; others will end before you want them to. Watch the time! Each session is constrained by the class schedule and taking an extra few (or more) minutes cuts into the group's opportunity to learn from the exercise. It may also result in the class ending later than planned.

8. If you finish before time, return to class quietly so that your outcome does not influence others that are still participating in the exercise. Either make careful notes about the exercise or debrief with your partner or others from the class out of earshot of those who are not finished. You are also welcome to observe another duo's/ group/'s discussion -- as long as you are profoundly unobtrusive!

Journals
In the past, students have found it helpful to keep a daily journal, recording data from their in-class exercises and observations and insights regarding that data. Such a journal can be helpful not only with the written assignments (which will ask you to make connections between course concepts and your in-class and/or out-of class negotiations), but also with tracking your learning. While journals are not required and will be neither collected nor graded, I encourage you to consider keeping a journal for your own benefit.


Instructor Biography

A former practicing attorney, Melissa Manwaring is the Director of Curriculum Development at the Program on Negotiation at Harvard Law School, where she develops negotiation-related teaching materials, consults with clients on course design, and teaches negotiation to law students and professionals. She also works as a mediator for on-line commercial disputes. Ms. Manwaring originally studied negotiation theory with Getting to YES co-authors Roger Fisher and Bruce Patton and was trained as a mediator through the Harvard Mediation Program. For over six years, she practiced commercial litigation and intellectual property counseling in the San Francisco Bay Area, working with a largely high-tech client base. She also has worked as independent negotiation trainer and consultant, and has taught negotiation theory and skills to hundreds of students and clients from around the world, including executives, attorneys, public servants, educators, law students, undergraduate students, and middle-school students. Ms. Manwaring holds a B.A. summa cum laude from the University of Illinois and a J.D. cum laude from Harvard Law School, and is currently an M.Ed. candidate at the Harvard Graduate School of Education.