Negotiation and Dispute Resolution

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1 Instructor: Daniel Rainey February/March 2017 PLEASE NOTE: The only way I have to contact you before class begins is through the SMU address that is on the registration sheet. Please monitor your SMU for information about the class that I will distribute before the first class meeting. I will set up a web site for the class with information, form, etc., and I will send out a link via before the first class meeting. Course Overview This course is designed to introduce students to the fundamentals of negotiation and bargaining. During the class we will look at negotiation through three lenses: Negotiation from a traditional positional approach; Negotiation from an interest-based approach; Negotiation from a third party (mediator/facilitator) point of view. Through readings, class discussions, and practical exercises, students will learn the theory and practice of negotiation from each of the three points of view, and students will negotiate from both an advocacy perspective and from a third party perspective. During the class, we may be joined by negotiators and mediator/facilitators who will speak about their experience in negotiation and bargaining, and the role negotiation theory plays in the development of realworld negotiation efforts. Course Philosophy Over the years, I have come to appreciate the myriad possible approaches to any topic related to dispute resolution, and the role that our own professional experiences, ethnic backgrounds, religious beliefs, and political orientations play in the way we analyze situations and act as either advocates or as interveners. The members of the class will bring in many experiences and viewpoints, all of which can contribute to our understanding of how human beings interact in stressful situations. In light of this acknowledgement, I invite you to: Respect all points of view regardless of where you are on these issues; Freely contribute to the discussions; Listen to gain insight; Reflect on what the other person is trying to communicate, whether or not you agree; Accept that we are here as a learning community, in which each person is both a teacher and a learner. 1

2 Course Expectations Due to the highly experiential nature of the course, meeting the following expectations will ensure that you get the most rewarding and engaging experience from the class. Preparation and Participation: The success of this class is dependent on our ability to discuss class readings intelligently, actively participate in class discussions, and actively participate as well prepared advocates or third parties in the exercises. We have ambitious goals for the class and they cannot be met unless everyone is ready to work when we get together. Attendance: Consistent attendance is required. If you are not in attendance, it is not possible for you to contribute meaningfully. Required Textbooks: [Available in hard copy and Kindle on Amazon.com] Negotiation. Harvard Business Essentials Series Harvard Business School Publishing Corporation, ISBN: Michael Wheeler, The Art of Negotiation: How to Improvise Agreement in a Chaotic World. Simon and Schuster, NY, ISBN: NOTE: Information and discussions in class will generally track with the content of the books, but I will not lecture from the book - I assume you can read on your own, so I would like to create an in-class atmosphere in which we add to information in the books, using them as a base line of information. To accomplish this, please read all of both books before the first class meeting. Required Resource Each student will be required to purchase the Thomas-Kilmann index instrument. The instructor will have the instruments available in class, and will supply them at cost ($20.00). Recommended Reading (Not Mandatory) Roger Fisher, William Ury, and Bruce Patton. (2011) Getting to Yes: Negotiating Without Giving In. Penguin Books. William Ury. (1993) Getting Past NO: Negotiating In Difficult Situations. Bantam Leigh Thompson. ( th Edition) The Mind and Heart of the Negotiator. Pearson Ray Lewicki, David Saunders, and John Minton. ( th Edition) Essentials of McGraw-Hill. Agreement Books. Books. Negotiation. Richard Schell. ( nd Edition) Bargaining For Advantage. Penguin Books. Adam Grant. (2013) Give and Take: A Revolutionary Approach to Success. Penguin Books. 2

3 COURSE ELEMENTS & GRADES: This course is heavily experiential: each student will participate in multiple negotiation simulations, both as an individual and as a member of a bargaining team. Grades will not be assigned based on the outcome of the negotiations. We will discuss who got a better deal, and what a better deal might mean, but grades will not be dependent upon bargainers or teams beating the other bargainer or team. Element #1 - Course Participation (20%) Each student must attend and be active in each of the class meetings. This is an individual grade based on attendance and activity in the discussions and negotiation simulations. Element #2 Required Readings (10%) Each student will be required to turn in a review of Negotiation and a review of The Art of Negotiation. The reviews must use the review format supplied by the instructor, and they must be submitted as Word documents. (5% for each review = 10%) Element #3 Major Negotiation Preparation and Evaluation (60%) There will be several minor negotiations in class, and there will be three major negotiations done by negotiating teams. Based on the number of students in the class I will establish negotiating teams for each of the major negotiations. The teams will be given a preparation framework for negotiation and a fact pattern for negotiating each of the major negotiation issues. This is a group assignment. After each of the major negotiations, each team will be required to turn in a bargaining prep document using the format that I supply. This is a group assignment. Each individual will be required to turn in a candid, confidential review of the negotiation, using the format that I supply. This is an individual assignment. The prep documents, the group reviews and the individual reviews will combine to make up 45% of the total grade: 3 prep documents = 15%; 3 group reviews = 15%; 3 individual reviews = 30% Element #4 - Real Case Evaluation (10%) Each individual will be asked to submit a final paper analyzing a real negotiation in which he or she has been involved. The paper must be done using an evaluation format I will supply, and must be submitted as a Word document. This is an individual assignment. 3

4 STUDENT EVALUATION AND GRADING SCALE = A Exceptional A superior / outstanding performance. Has mastered the concepts and adds unique contributes to class discussions = A- Excellent A very good / admirable performance. Displays understanding in all areas of the class, and contributes successfully to class discussions = B+ Outstanding Above average performance. A few insignificant flaws may appear, but overall has great application of the field = B Good A generally satisfactory, intellectually adequate performance. Few significant flaws in performance = B- Adequate A barely satisfactory performance. Contributes little to class discussions and lacks a clear understanding of concepts = C+ Not sufficient An unacceptable performance. Unable to engage in class discussions and has little comprehension of theories. Key Learning Objectives 1. Students will be able to understand and describe the differences between distributive bargaining and integrative bargaining and be able to list common behaviors associated with each style. 2. Given specific case studies, students will be able to identify and analyze the issues, positions and interests taken by each party in the dispute. 3. Students will be able to identify and describe the key differences in personal styles of negotiation based on the Thomas-Kilman Conflict Mode Instrument and be able to list and describe some of the strengths and weaknesses of each style. 4. Using the negotiation planning instrument as a guide, students will be able to develop and implement a multi-faceted strategic plan for approaching any given negotiation. How Achieved Students will read descriptions of each style, discuss the theory of integrative and distributive styles with the instructor and with guest negotiators, and apply both styles in negotiation simulations. Students will read descriptions of each element of negotiation, discuss the elements with the instructor, and develop issues, positions, and interests in negotiation simulations. Guest negotiators will guide the students through development of each element in real bargaining situations. Students will complete the T-K instrument, evaluate their own preferences, discuss the instructors T-K style as an example of bargaining styles, and reflect on their own styles as an element of discussion after each round of bargaining. A major element of preparation for each bargaining simulation will be the preparation of a complete negotiation plan. The plan will be used to prepare for bargaining, and as an element in the evaluation of each round of bargaining. 4

5 NOTE: The information below is required content for all SMU syllabi the language is taken from standard university guidelines. COURSE POLICIES Honor Code Students are reminded of the SMU Honor Code as referenced in the Student Handbook. Intellectual integrity and academic honesty are both the foundations and the goals for this program. Please reference and review the university policies on the responsibilities, policies, and penalties regarding academic honesty found at: Class Decorum: To foster a good learning environment for yourself and your fellow students we ask that you adhere to the following guidelines during class: Please turn off (or set on vibrate) all cell phones Do not engage in social media, read newspapers, books for other classes or other outside reading material during class Walking into class late is as disruptive as leaving early. If you must leave early, make arrangements with the instructor before class begins, and when you leave, do so quietly. Professional respect and courtesy for your fellow students is imperative at all times Interfering with or disrupting any University teaching, research or administrative activity may result in referral for review to the Director, Chair and/or Office of Student Conduct and subject to removal from the program Absence Students may miss no more than five (5) hours of a seminar format (weekend) class and no more than 2 full classes of regular evening courses. Basic and Family Mediation courses are part of the Texas Statutory certificate requirement, no more than two hours total may be missed to qualify for these certificates. Notification of Absence Due to Religious Holy Day(s) Students who will be absent from class for the observance of a religious holiday must notify the instructor in advance. Please refer to the Student Obligations section of the online university catalog for more explanations. You are required to complete any assignments or take any examinations missed as a result of the absence within the time frame specified by your instructor. Add/Drop Policy If you are unable to complete this course, you must officially withdraw by the university deadline; the last day to Add/Drop regular courses without a grade record or billing. Withdrawing is a formal procedure which you must initiate with the Dispute Resolution office; your instructor cannot do it for you. Grade of Incomplete A student may receive a grade of I (Incomplete) if at least 50 percent of the course requirements have been completed with passing grades, but for some justifiable reason, acceptable to the instructor, the student has been unable to complete the full requirements of the course. At the time a grade of I is given, the instructor must stipulate in writing to the student and to the University registrar the requirements and completion date that are to be met and the grade that will be given if the requirements are not met by the 5

6 completion date. The maximum period of time allowed to clear the incomplete grade normally is 12 months. If the Incomplete grade is not cleared by the date set by the instructor or by the end of the 12-month Policies and Procedures deadline, the grade of I will be changed to the grade provided by the instructor at the time the incomplete grade was assigned or to a grade of F if no alternate grade was provided. The grade of I is not given in lieu of a grade of F or W, or other grade, each of which is prescribed for other specific circumstances. If the student s work is incomplete, poor quality and not acceptable, a grade of F will be given. The grade of I does not authorize a student to attend the course during a later term. Graduation candidates must clear all Incomplete grades prior to the deadline in the Official University Calendar, which may allow less time than 12 months. Failure to do so can result in removal from the degree candidacy list and/or conversion of the grade of I to the grade indicated by the instructor at the time the grade of I was given. For graduate students, a maximum of two concurrently held grades of Incomplete in courses is allowed. If this maximum is reached, the student will be allowed to take only one three-hour course per term until the Incomplete total is reduced. Students who accumulate a total of three grades of Incomplete in courses will be put on probation and not allowed to enroll further until the total is reduced. Disability Accommodations Students needing academic accommodations for a disability must first register with Disability Accommodations & Success Strategies (DASS). Students can call or visit to begin the process. Once registered, students should then schedule an appointment with the professor as early in the semester as possible, present a DASS Accommodation Letter, and make appropriate arrangements. Please note that accommodations are not retroactive and require advance notice to implement. Statement on Confidentiality and Emotional Safety In order to provide a safe learning environment for students in the class and to protect the confidentiality of practice clients and class members, students will discuss case material and other personal information, reactions, etc., only while in class or privately with other current class members. It is the responsibility of each class member to treat classmates with respect and integrity, thus providing emotional safety for each other during class activities. Failure to do so can result in termination from the program. 6