NEGOTIATION WORKSHOP



Ms. BETSY MILLER and Mr. ANDREW TULUMELLO
Spring 2003; Mondays 6:00 p.m. - 9:00 p.m.
(3 Credits)



Contact Information:

Betsy Miller
Jones, Day, Reavis & Pogue
52 Louisiana Avenue, N.W.
Washington, DC 20001
(tel) 202.879.3860
(e-mail) bamiller@jonesday.com
Andrew Tulumello
Gibson, Dunn & Crutcher, LLP
1050 Connecticut Avenue, N.W.
Washington, DC 20036
(tel) 202.955-8657
(e-mail) atulumello@gibsondunn.com


COURSE DESCRIPTION

The Negotiation Workshop is an intensive, skills-based class that emphasizes the ability to think and write analytically about the process of negotiating. The Workshop utilizes role plays, problem sets, instructional readings, and in-class discussions to provide a comprehensive approach to negotiating in all contexts. We will focus on two conceptual frameworks, namely "Principled Negotiation," as developed by Roger Fisher and the faculty of the Harvard Negotiation Project, and the Three Tensions of Negotiation, as Developed by Robert Mnookin and the faculty of the Harvard Negotiation Research Project. The interactive nature of this class provides participants with an opportunity to work closely with each other and with their professors. Several Guest Lecturers, who are conflict resolution professionals and academics, have been invited to share their expertise and experiences.

On occasion, participants will be expected to prepare for role plays outside class. Participants will also be required to write three 5-7 page papers and one 12-15 page final paper. There will be no final examination.

Because role-play pairings are pre-assigned and depend on the presence of all participants, attendance at every class is mandatory. Failure to attend class without permission of the professors will be reflected in the final grade. Now that those rules are out of the way, please know that our intention is to make this class both interesting and fun for you - so welcome!




REQUIRED READINGS

Excerpted Texts and Articles (to be distributed in class)

Roger Fisher, et al., Getting to Yes : Negotiating Agreement Without Giving In (2nd ed. 1991).

Roger Fisher, et al., Beyond Machiavelli : Tools for Coping with Conflict (1996).

Robert H. Mnookin, et al., Beyond Winning : Negotiating to Create Value in Deals and Disputes (2000).

Douglas Stone, et al., Difficult Conversations : How to Discuss What Matters Most (2000).




COURSE REQUIREMENTS

Schedule: Class will meet on Monday nights from 6:00 p.m. until 9:00 p.m.
Attendance: Attendance is mandatory at all classes.
Grading: Grades will be based on:
Class Participation: 15%
Class participation is essential to the success of the Workshop and is therefore valued by the professors. Participation will be evaluated based on attendance, preparation for role plays and exercises, and thoughtful contributions to classroom discussions.
Short Papers: 50%
There will be three short papers. The first paper will be worth 10% of the final grade; the second and third papers will each be worth 20% of the final grade. The topics for these papers will be discussed on the first day of class, but may include analyzing a negotiation from your own life by applying the techniques discussed in class readings and analyzing a current events situation through the lens of negotiation theory.
Final Project: 35%
Each participant in the Workshop will complete a final project, which must be approved by the professors. The final project must be related to negotiations and must utilize theory from the class readings. Participants are encouraged to think creatively about their final project. Past projects have included: research papers on historical events, creative papers analyzing works of fiction through the lens of negotiation theory, and creation of a negotiation role play. Final projects in the form of research or creative papers should be 12-15 pages in length. Non-paper projects will have appropriate length guidelines, which will be determined upon approval of the project by the professors.
There will be no final examination.

SYLLABUS

PART ONE: THE BASICS

Skilled negotiation is a series of strategic choices. However, no single decision can guarantee success on its own. At times, it is appropriate to compete, and at times to collaborate. In this section, the negotiator's fundamental choices, and the consequences thereof, will be explored.

Class 1 Introduction, Course Structure and Purposes
Negotiate and debrief Oil Pricing Exercise
Assignment for Class 2:
Getting to Yes , Ch. 1-8 and "In Conclusion"
Read & prepare Bullard Houses (to be distributed mid-week)
Read distributed excerpt: "The Prisoner's Dilemma"
Class 2 Defining Success - What is a "Good" Outcome?
Negotiate and debrief Law Library
Negotiate and debrief Bullard Houses
Lecture - "What Is A Good Outcome?"
Assignment for Class 3:
Beyond Machiavelli , Chapters 2, 4
Prepare Sally Soprano negotiation for next class
Class 3 How to Prepare
Prep-by-Side for Sally Soprano
Negotiate and debrief Sally Soprano
Assignment for Class 4:
Beyond Winning , Ch. 1
Readings on 9-11 (to be handed out)
Getting to Yes , Ch. 5
Bazerman excerpt: "Irrational Commitment" (to be handed out)
SHORT PAPER #1 DUE NEXT CLASS
Class 4 The Problem of Distribution
9-11 Fund (problem set)
Ultimatum Game
Auction Exercise
Assignment for Class 5:
Beyond Winning , Ch. 2
Difficult Conversations , Ch. 9, 10
Class 5 Empathy and Assertiveness
Mode Exercise and scoring
Small group debrief of Mode
Assignment for Class 6:
Beyond Winning , Ch. 4, 9

PART TWO    UNDERSTANDING LEGAL NEGOTIATIONS

Class 6 Why Do Cases Settle?
Sue or Settle Game
Katzenberg v. Disney (problem set)
Assignment for Class 7:
Prepare Powerscreen
Beyond Winning , Ch. 5, 10
Class 7 The System of Legal Negotiations
Prep-by-Side, negotiate, and debrief Powerscreen
Assignment for Class 8:
Beyond Winning , Ch. 7
SHORT PAPER #2 DUE NEXT CLASS
Class 8 The Lawyer-Client Relationship
Lecture: Exploring the Lawyer-Client Relationship
Prepare (lawyer-client interview), negotiate and debrief Eazy's Garage
Assignment for Class 9:
Prepare HarborCo

PART THREE    CHALLENGING DYNAMICS AND COMPLICATING FACTORS

Class 9 Multi-Party Negotiations
Negotiate and debrief HarborCo
MAPO (problem set)
Exploring the "One-Text" approach
Assignment for Class 10:
Difficult Conversations , Ch.1-8, 10-12
Kolb excerpt on gender (to be handed out)
Class 10 Coping with Different Communication Styles
Emotional Footprint Exercise
TBA
Assignment for Class 11:
Beyond Machiavelli , Ch. 2,4
Class 11 Mediation and Conflict Resolution
Tom & Anna
Discussion of ideas in Beyond Machiavelli (building blocks)
Four Quadrants Tool
Currently Perceived Choice Tool
Annual Review [How to behave productively during your evaluation]
Assignment for Class 12:
Beyond Machiavelli , Ch. 1, 3
SHORT PAPER #3 DUE NEXT CLASS
Class 12 Difficult Tactics
Guest Panel
Difficult Tactics (exercises and labs)
Class 13 Moving Forward

FINAL PAPER

Due _____ for graduating students

Due _____ for non-graduating students