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Advanced Negotiation: Fall 2015

Multiparty Negotiation, Group Decision-Making, and Teams

Copyright © 2015 by the President and Fellows of Harvard College. All Rights Reserved. 1

Advanced Negotiation:

Multiparty Negotiation, Group Decision Making, and Teams

Fall 2015

HARVARD LAW SCHOOL

WEDNESDAYS, 1:00 – 5:00 P.M.

LEWIS INTERNATIONAL LAW CENTER

ROOM 214B

Robert C. Bordone

Thaddeus R. Beal Clinical Professor of Law

Pound 518

(617) 495-9194

[email protected]

Office Hours: Tuesday, 9:00 a.m.–11:00 a.m.

Rachel A. Viscomi

Lecturer on Law and Clinical Instructor

Pound 517

(617) 495-5425

[email protected]

Office hours: Thursday, 9:00 a.m.–11:00 a.m.

PURPOSES AND STRUCTURE OF THE WORKSHOP

Harvard Law School’s basic Negotiation Workshop focuses primarily on negotiations involving two

principals on opposite sides of a deal or dispute. Yet lawyers and other professionals, irrespective of

their specialty, find themselves party to negotiations with multiple (i.e. more than two) principals all

the time. In addition they work in team and group settings with greater frequency in evermore

complex, global, and connected professional contexts. By combining theory and practice, this

Workshop aims to improve your conceptual understanding of and effectiveness in multiparty

negotiations and teams.

More specifically, our goals are:

A. To increase your theoretical understanding about common dynamics at play in

multiparty negotiations, groups, and teams by exposing you to:

Various frameworks for understanding and analyzing multiparty negotiations and teams;

Bordone, Robert Viscomi, Rachel Advanced Negotiation: Multiparty Negotiation, Group Decision Making, and Teams Fall 2015 course

mailto:[email protected]





Empirical research findings on behavioral best practices;

A common vocabulary to enhance preparation, conduct, and review

B. To enhance your behavioral skills negotiating in multiparty contexts and working in

groups and teams:

While there is no "best" way to negotiate in all dyadic circumstances, it is even harder to

offer prescriptive advice in the multiparty context. Nonetheless, you may be able to develop

some general guidelines to structure your preparation for, conduct of, and review of

negotiations and teams. We will offer our own best advice and encourage you to develop

your own prescriptions:

To assess the skills you have as a negotiator;

To broaden your repertoire of simple, usable, and effective tools and strategies for

multiparty negotiations and working in teams;

To allow you to practice and experiment with these skills in a low-risk, collaborative

learning environment;

To work on bridging the gap between theory and practice

C. To increase self-awareness of yourselves as agentic actors in multiparty negotiations

and teams:

To help you diagnose your own and others’ strengths and weaknesses in multiparty

negotiations and teams

To help you identify your own and others’ default tendencies in such situations

To expand your capacity for taking on different roles in different contexts

Like the Law School’s Negotiation Workshop, this Workshop will integrate intellectual and

experiential learning by combining readings, lectures, and discussions with frequent exercises,

extensive review, live and filmed examples, individual and small group reviews, and careful

analysis of the negotiation process and the process of learning from experience. We ask that each

of you approach the Workshop with your mind open to learning about yourself and about others.

We hope that you will welcome surprises.

The workshop consists of 24 students. The Workshop is taught by two faculty members and a

teaching assistant. Our class will meet in Lewis 214B. All lectures and most exercises will occur

there. While there will be no regular working groups (or ―sections‖), we will occasionally meet in

small groups during class time in order to analyze or plan for negotiations. Breakout rooms will be

available for this purpose.





MATERIALS

Our texts for this workshop will be:

Breaking Robert’s Rules: The New Way to Run Your Meeting, Build

Consensus, and Get Results by Lawrence E. Susskind and Jeffrey L.

Cruikshank (2006).

Getting It Done: How to Lead When You’re Not in Charge, by Roger Fisher

and Alan Sharp (1998).

These can be purchased at the Law School Coop. Copies are also available at the Langdell

Reserve Desk if you prefer not to purchase one for yourself. You will also receive a reading packet

during the first class that will contain additional required and optional readings for the course. On

some days, we include optional readings that have more of an academic bent, partially because we

think they are helpful and interesting, but also because we know some class participants might have

more scholarly interests in the topic.

OFFICE HOURS

Bob will hold office hours on Tuesdays from 9:00 a.m.–11:00 a.m., and Rachel will hold office

hours on Thursdays from 9:00 a.m.–11:00 a.m. You may also meet with Bob or Rachel anytime by

appointment. Bob’s office is Pound 518 and his phone number is 617.495.9194. You can also reach

him by email at [email protected]. Bob’s assistant is Tracy Blanchard,

[email protected]. Her phone number is 617.496.7109 and her desk is in Pound 513.

Rachel’s office is Pound 517 and her phone number is 617.495.5425. Her email address is

[email protected].

COURSE REQUIREMENTS AND GRADING

A. Attendance and Participation

Attendance at all meetings of the Workshop is required. Full attendance is essential to achieving the

aims of the Workshop for you and others. Most exercises depend on every participant’s playing a

certain role. During each class session you will be teamed with other participants for one or more

exercises. Any absence is likely to cause significant inconvenience and loss of opportunity to others.

If you must be absent or late on account of sickness or a family emergency, please send an

email in advance to Bob Bordone at [email protected], Rachel Viscomi at

[email protected], and Tracy Blanchard at [email protected]. Absences

will be excused only for illness, religious obligation, or a family emergency.






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B. Workshop Journal

One of the most important requirements of the Workshop is that you submit five journal entries of 3

to 4 pages each. They will be read only by the course instructors and teaching assistant.

Why do we require you to keep a Journal? Journal writing in the Workshop is an effective means

of helping you to achieve a greater level of awareness of yourself and others, and can lead to deeper

understanding of the negotiation experience. Your journal should contain reflections about your

experiences in the Workshop, your interactions with others, the lessons you learn from class and

simulations, what you like and do not like about these experiences, what you might do differently

next time, and what unanswered questions you still have. You should view it as an opportunity to

engage in ongoing self-examination and personal growth. We’re interested in deep thinking and

quality, not quantity. We ask that at least one of these journals be devoted to discussing your team

consulting project.

When are journal submissions due during the Workshop? All journals must be handed in by

4:00 p.m. on December 14. At least one of these journals must be submitted by September 21 at

4:00 p.m. The remaining four journals may be submitted on the week of your choosing, but no more

than one journal may be submitted per week.

Journals that are submitted after 4:00 p.m. on September 21 for the first installment, or after 4:00

p.m. on December 14 for the final installment will be considered late. Please email the journal to

Ariel Eckblad at [email protected].

C. Semester-Length Team Consulting Project

In lieu of a final examination, you will participate in a team project in which you will provide advice

to the staff of U.S. Senator Elizabeth Warren related to an upcoming multiparty negotiation they are

facing. On Wednesday, September 16, 2015 the class will be divided into six groups of four. On

Wednesday, September 30, 2015, the class will have the chance to ask questions of a senior member

of Senator Warren’s staff via videoconference. The six groups will then present their final

recommendations to Harvard faculty judges (including at least one faculty member from outside the

course) on Wednesday, November 11, 2015. The panel of faculty judges will narrow down the

finalists to four teams. Then, on Wednesday, November 18, 2015 class participants will decide on

the winning group. The winning group will be dispatched to Washington, D.C., to present its

recommendations in person to Senator Elizabeth Warren.

D. Grading

You must take the course for a grade (Honors, Pass, Low Pass, Fail). Graded evaluation of your

performance in the Workshop will be based as follows:






35% on your class preparation and participation including the quality and

extent of your effort in the various exercises and the sophistication of

your in-class comments and analysis

35% on the quality of both your Journal and any related homework

assignments handed in during the course

30% the semester-length Team Consulting Project, including the overall

quality of your substantive work product, the clarity and

professionalism of your presentation, and your demonstrated ability

to work well and improve as a team





SCHEDULE OF CLASSES AND ASSIGNMENTS

I. INTRODUCTION

WEDNESDAY, SEPTEMBER 9

1:00 Negotiate Climate Change

2:20 BREAK

2:30 Review Climate Change

3:30 INTRODUCTION TO THE WORKSHOP

4:00 Introduction exercise

4:45 Logistics and Course Requirements

5:00 END OF DAY

HOMEWORK

Read the General Memorandum.

Complete the Multiparty and Group Reflection Assignment.

Read and prepare for Climate Change.

REQUIRED READING

Roy J. Lewicki, David M. Saunders, and John W. Minton, Negotiation, Chapter 9, pp.

334-352 (3rd

edition, 1999).

If you did not take Negotiation Workshop in the Spring: Bruce Patton, ―Negotiation,‖ The

Handbook of Dispute Resolution, pp. 279-303 (Michael L. Moffitt and Robert C. Bordone

eds., 2005).

RECOMMENDED READING

William L. Ury, Jeanne M. Brett, and Stephen B. Goldberg, Getting Disputes Resolved:

Designing Systems to Cut the Costs of Conflict, ch. 1: ―Three Approaches to Resolving

Disputes: Interest, Rights, and Power,‖ pp. 3-19 (1993).





II. MULTIPARTY NEGOTIATION

WEDNESDAY, SEPTEMBER 16: PREPARING TO NEGOTIATE

1:00 Shared Goals and Responsibilities

1:15 NEGOTIATION TOOLS: A REFRESHER

1:45 Prep-by-Side World Trade Center

2:20 BREAK

2:30 Negotiate World Trade Center

Review World Trade Center

4:45 LOGISTICS

5:00 END

HOMEWORK

Read and prepare for World Trade Center.

REQUIRED READING

Leigh L. Thompson, The Mind and Heart of the Negotiator, ch. 9: ―Multiple Parties,

Coalitions, and Teams,‖ pp. 218-27 (4th

edition, 2009).

Elizabeth A. Mannix, ―Three Keys to Navigating Multiparty Negotiation,‖ Negotiation,

pp. 3-5 (February 2006).

Michael Watkins, Breakthrough Business Negotiations: A Toolbox for Managers, ch. 1:

―Diagnosing the Situation,‖ pp. 5-44 (2002).





WEDNESDAY, SEPTEMBER 23: UNDERSTANDING MULTIPARTY DIFFERENCES

1:00 Negotiate Run For the Border!

Review Run For the Border!

1:55 Negotiate Balance the Budget!

Review Balance the Budget!

2:50 BREAK

3:00 Negotiate The Final Furlough

Review The Final Furlough

4:00 BREAK

4:10 MULTIPARTY DIFFERENCES: DECISION RULES & SPOILERS

4:50 LOGISTICS

5:00 END

HOMEWORK

Hand in your first journal entry by Monday, September 21, at 4:00 p.m. Please email

the journal to Ariel Eckblad at [email protected].

Read and prepare for The Final Furlough, Run For the Border!, and Balance the

Budget! and send your selections for each scenario by email to Ariel Eckblad at

[email protected] by noon on Tuesday, September 22.

Work on your team project.

REQUIRED READING

Lawrence E. Susskind and Jeffrey L. Cruikshank, Breaking Robert’s Rules: The New Way

to Run Your Meeting, Build Consensus, and Get Results, ch. 1: ―Why Break Robert’s

Rules?‖ ch. 2 ―What Is Consensus?‖ pp. 3-40 (2006).







Stephen John Stedman, ―Spoiler Problems in Peace Processes,‖ International Security,

Vol. 22, No. 2, pp. 5-18, 52-53 (Fall 1997).

Jeffrey T. Polzer, Elizabeth A. Mannix, and Margaret A. Neale, ―Multiparty Negotiation

in its Social Context,‖ Multiparty Negotiation, vol. 4, pp. 92-107 (Lawrence E. Susskind,

ed., 2004).

RECOMMENDED READING

Bernie Jones, ―A Comparison of Consensus and Voting in Public Decision Making‖

Multiparty Negotiation, vol. 1, pp. 273-82 (Lawrence E. Susskind, ed., 2004).

Roy J. Lewicki, David M. Saunders, and John W. Minton, Negotiation, Chapter 9, pp.

329-34 (3rd edition, 1999).

This American Life, ―Got Your Back,‖ July 25, 2014, available at

http://www.thisamericanlife.org/radio-archives/episode/531/got-your-back?act=1#play,

08:30 – 23:05


http://www.thisamericanlife.org/radio-archives/episode/531/got-your-back?act=1#play




WEDNESDAY, SEPTEMBER 30: COALITIONS & SETTING THE TABLE

1:00 MULTIPARTY DIFFERENCES: COALITIONS

1:30 Negotiate Social Services

Review Social Services

2:20 BREAK

2:30 SETTING THE TABLE

2:50 Team consulting project preparation

3:50 BREAK

4:00 Interview John Donenberg, Legislative Director for Senator Elizabeth Warren

4:50 LOGISTICS

5:00 END

HOMEWORK

Prepare for in-class interview with representative for Teams Project. By Monday,

September 28, at 4:00 p.m. your team should send three proposed questions for the

discussion to [email protected].

Read and prepare for Social Services.

Begin to negotiate Fastskin outside of class, starting on Wednesday, September 30 at

8:00 p.m.


REQUIRED READING

David A. Lax and James K. Sebenius, 3D Negotiation: Powerful Tools to Change the

Game in Your Most Important Deals, ch. 4: ―Get All the Parties Right,‖ ch. 7: ―Get the

Sequence and Basic Process Choices Right,‖ pp. 53-68, 99-101, 108-10 (2006).

James K. Sebenius, ―Sequencing to Build Coalitions: With Whom Should I Talk First?‖

Wise Choices: Decisions, Games, and Negotiations, pp. 324-41, 344-45 (Richard J.

Zeckhauser, Ralph L. Keeney, and James K. Sebenius, eds., 1996).







to Run Your Meeting, Build Consensus, and Get Results, ch. 3. ―Getting the Right Parties

to the Table,‖ pp. 41-53 (2006).

RECOMMENDED READING


to Run Your Meeting, Build Consensus, and Get Results, Appendix A: ―Convincing

Others to Use a Consensus Building Approach — A Checklist,‖ pp. 191-97 (2006).





WEDNESDAY, OCTOBER 7: PROCESS AT THE TABLE

1:00 Fastskin Mocktail Party

1:30 Fastskin Executive Crisis Negotiation

2:50 MINI-BREAK

2:55 Review Fastskin

3:40 MINI-BREAK

3:45 PROCESS AT THE TABLE: DESIGN & INTERVENTION

4:30 Team consulting project preparation

4:50 LOGISTICS

5:00 END

HOMEWORK

Continue negotiating Fastskin outside of class, starting on Wednesday, September 30

at 8:00 p.m.


REQUIRED READING


to Run Your Meeting, Build Consensus, and Get Results, ch. 4: ―Assigning Tasks and

Leadership Responsibilities,‖ read pp. 61-71, ch. 5: ―The Importance of Facilitation,‖ pp.

83-113, ch. 6, ―Confirming that Agreement Has Been Reached,‖ pp. 114-17, Appendix B:

―Suggested Ground Rules,‖ pp. 198-202 (2006). Skim ch. 4, pp. 71-82 (refer to pp. 42-44,

53-60 for context).





WEDNESDAY, OCTOBER 14: MULTIPARTY COMPLEXITY

1:00 Intra-Team Prep for Chestnut Village

2:10 BREAK

2:20 Negotiate Chestnut Village

3:40 BREAK

3:50 Review Chestnut Village

4:50 LOGISTICS

5:00 END

HOMEWORK

Read and prepare for Chestnut Village.


REQUIRED READING

Michael Watkins, ―Strategic Simplification: Towards a Theory of Modular Design in

Negotiation,‖ International Negotiation, vol. 8, pp. 149-67 (2003).

Roger Fisher, ―Negotiating Inside Out: What are the Best Ways to Relate Internal

Negotiations with External Ones,‖ Negotiation Journal, 5(1) (1989): pp. 33-41 (in

Lawrence E. Susskind, ed., Multiparty Negotiation, vol. 4 (2004), pp. 133-41).

Roger Fisher and Alan Sharp, Getting It Done: How to Lead When You’re Not in Charge,

ch. 2: ―Lateral Leadership,‖ pp. 14-34 (1998).





III. TEAMS AND GROUPS

WEDNESDAY, OCTOBER 21: COMMON CHALLENGES OF WORKING IN TEAMS

AND GROUPS

1:00 WORKING IN TEAMS AND GROUPS: AN INTRODUCTION

1:40 The Lego Tower Exercise

3:10 BREAK

3:20 Racing Exercise

4:50 LOGISTICS

5:00 END

HOMEWORK


REQUIRED READING

J. Richard Hackman, Collaborative Intelligence: Using Teams To Solve Hard Problems,

ch. 1: ―Teams That Work and Those That Don’t,‖ pp. 9-21 (2011).

Donelson R. Forsyth, Group Dynamics, ch. 11: ―Group Decision Making,‖ pp. 357-397

(6th

edition, 2013).

Donelson R. Forsyth, Group Dynamics, ch. 12: ―Teams,‖ pp. 399-400, 402-403, 407-425

(6th

edition, 2013).

Will Felps, Terence R. Mitchell, and Eliza Byington, ―How, When, and Why Bad Apples

Spoil the Barrel: Negative Group Members and Dysfunctional Groups,‖ Research in

Organizational Behavior, Vol. 27, pp. 190-98, 202-06 (2006).

RECOMMENDED READING

Amy Edmonson, ―Psychological Safety and Learning Behavior in Work Teams,‖

Administrative Science Quarterly, June 1999, pp. 350-57, 375-83.





WEDNESDAY, OCTOBER 28: TOOLS FOR MANAGING TEAMS AND GROUPS

1:00 BEHAVIORS IN TEAMS

1:20 Discuss Behaviors in Teams

2:00 BREAK

2:10 FACILITATION

2:35 Facilitation Skills Drill

3:00 LOGISTICS

3:10 BREAK

3:20 Facilitation Exercises and Video Recording

5:45 END

HOMEWORK

Read and prepare for Facilitation Exercises.

Work on your team project, which is due Friday, November 6, 2015 at 4:00 p.m.

REQUIRED READING

Thomas A. Kayser, Mining Group Gold: How to Cash in on the Collaborative

Brainpower of a Group, ch. 3: ―The Key to the Gold Mine: Facilitation‖ pp. 34-36, 40-

42, and ch. 8: ―Working the Gold Mine: Facilitating Group Interaction,‖ pp. 162-202 (2nd

edition, 1995).


ch. 3: ―Purpose,‖ ch. 6: ―Engagement,‖ ch. 10: ―Choose to Help,‖ pp. 54-74, 143-57, 200-

04 (1998).

Vanessa Urch Druskat and Steven B. Wolff, ―Building the Emotional Intelligence of

Groups,‖ Harvard Business Review (March 2001).

RECOMMENDED READING

Scott G. Isaksen and John P. Gaulin, ―A Reexamination of Brainstorming Research:

Implications for Research and Practice,‖ Gifted Child Quarterly, Vol. 49, pp. 315-329

(2005).





WEDNESDAY, NOVEMBER 4: MULTICULTURAL & IDENTITY ISSUES IN GROUPS

1:00 Negotiate Tribes Exercise

Special Guest: Dan Shapiro, Associate Professor of Psychology, Harvard Medical

School

Review Tribes Exercise

3:30 LOGISTICS

3:45 VIDEO REVIEW of Facilitation Exercises

6:15 END

HOMEWORK

Work on your team project, which is due Friday, November 6, 2015 at 4:00 p.m.

There is no required reading for this week in order to give you more time to finalize your team

project.





WEDNESDAY, NOVEMBER 11: TEAM PROJECT PRESENTATIONS

1:00 Team Presentations to HLS Faculty Panels and Team Self-review

3:30 Team Consulting Project Review (All Class)

4:50 LOGISTICS

5:00 END

HOMEWORK

Finalize your team project.

There is no required reading for this week in order to give you more time to finalize your team

project.





IV. PUTTING IT ALL TOGETHER

WEDNESDAY, NOVEMBER 18: LEADERSHIP, POWER, AND ETHICS

1:00 LEADERSHIP, POWER, AND ETHICS

Special Guest: Professor Michael Wheeler, Harvard Business School

1:30 Leadership, Power, and Ethics movie problems

2:45 BREAK

3:00 Negotiate Team Consulting Project

4:30 Review Team Consulting Project

4:50 LOGISTICS

5:00 END

HOMEWORK

Read and begin preparing Bellicoso for negotiation on Saturday, November 21.

REQUIRED READING

Wasynczuk, Andrew, Katherine Dowd, and Sara del Nido. "Golden Rule (A)." Harvard

Business School Case 909-017, April 2009. (Revised October 2010.)

James Sebenius and Elizabeth Sweeny, ―Joshua Chamberlain on the eve of Gettysburg,‖

Nov. 9, 2009.

Donelson R. Forsyth, Group Dynamics, ch. 7 ―Influence,‖ pp. 202-231 (6th

edition, 2013).

Roger Fisher, ―Negotiating Power: Getting and Using Influence,‖ American Behavioral

Scientist, Vol. 27, No. 2, November-December, 1983, pp. 149-66.





SATURDAY, NOVEMBER 21: FINAL NEGOTIATION

10:00 – 5:00 Negotiate Bellicoso

HOMEWORK

Do final preparations for Bellicoso.





WEDNESDAY, DECEMBER 2: GOING FORWARD

1:00 Review Bellicoso

2:10 Going Forward

3:30 PARTY

5:00 END

HOMEWORK

Hand in your final journal entry by Monday, December 14 at 4:00 p.m. Please email

the journal to Ariel Eckblad at [email protected].

REQUIRED READING


ch. 10: ―Choose to Help,‖ pp. 200-04 (1998).



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