TEACHING NEGOTIATION

A biannual newsletter from NP @ PON
(Negotiation Pedagogy at the Program on Negotiation
at Harvard Law School)
 
In This Issue
Pedagogical Innovations
Technology in the Classroom
Improving Teaching Performance
Teaching Tool Spotlight
Upcoming Events
Volume 1, No. 1 Summer 2007
Dear colleague,
 
Welcome to the inaugural issue of the
NP @ PON biannual e-newsletter, Teaching Negotiation.
 
NP @ PON - which stands for Negotiation Pedagogy at the Program on Negotiation at Harvard Law School (PON)- is a new venture dedicated to improving teaching and learning about negotiation. Incorporating and expanding upon the historical mission of the PON Clearinghouse, NP @ PON serves as PON's intellectual focal point for negotiation education.  It is headed by faculty co-directors Lawrence Susskind (MIT) and Michael Wheeler (Harvard Business School), along with associate director Melissa Manwaring.

NP @ PON is involved a range of activities including research, curriculum development, training, and networking among those interested in negotiation pedagogy. The formal mission of NP @ PON is to:
  • Contribute to the growing field of negotiation pedagogy through research and publications;
  • Support both experienced and next-generation negotiation educators through workshops, idea exchanges, and other educator-focused events;
  • Foster connections between communities of negotiation educators and education scholars;
  • Develop and distribute teaching materials that are useful in skills-based negotiation instruction;
  • Explore and test the application of new technologies to improve teaching and learning about negotiation; and
  • Help PON reach new audiences of negotiation practitioners and students through workshops, seminars, and other educational activities.

To facilitate the exchange of ideas, NP @ PON will distribute this free electronic newsletter two times per year to interested negotiation teachers and trainers. (If you would prefer not to receive it, please click on the "Unsubscribe" link above). We hope that you find this newsletter useful, and welcome your comments and suggestions at np@pon.harvard.edu

Cordially,

 
Lawrence Susskind
Michael Wheeler
Melissa Manwaring

PEDAGOGICAL INNOVATIONS

From Mega-Simulations to Micro-Skills: Teaching Complex Skill Sets in Negotiation

By Melissa Manwaring and Catherine Teal Pennebaker
 
 

As negotiation scholars, teachers, and practitioners know, effective negotiation requires a broad range of skills, including interpersonal, intrapersonal, analytic, strategic, and creative skills. Moreover, these skills are used in complex permutations. Within the context of a single negotiation, a negotiator might develop a strategy for sequencing coalition-building efforts, probe behind a counterpart's position to assess the his interests, respond to a difficult tactic, address a misunderstanding in order to repair a long-term relationship, and make a timely and effective first offer. 

 

To the extent that our teaching goals include skills development, how do we best teach the complex skill sets called for in negotiation? Should we take a micro-level approach, allowing for a fine-grain focus and practice on discrete skills? Should we take a more macro-level approach, asking students to practice integrated sets of skills in complex, realistic scenarios? What do theories of adult learning suggest about the implications of these and other approaches? 

 

On May 8, 2007, NP @ PON hosted its inaugural pedagogy workshop to tackle these questions. Held at Harvard Business School, the workshop featured presentations about innovative macro-level and micro-level approaches to teaching negotiation skills, followed by commentary from an educational perspective and round-table discussions. Approximately 30 negotiation instructors from the fields of law, business, education, and communication attended the event, which was co-chaired by NP @ PON founders Michael Wheeler, Larry Susskind, and Melissa Manwaring. 

           

Professor Stephen Weiss, a specialist in international business negotiation at York University's Schulich School of Business, kicked off the discussion with a presentation on his use of highly complex "mega-simulations." These massive role simulations, based on real-world negotiations such as Nissan's 1999 alliance talks with Renault, DaimlerChrysler, and Ford, include numerous issues and as many as a dozen parties, and can take weeks to prepare and days to negotiate face-to-face. According to Weiss, the scale of such mega-simulations allows students to practice preparation (which includes reviewing a hefty notebook of detailed background memos and reports), internal group decision making, team building, multi-track diplomacy, reputation and trust management, communication, and problem-solving skills in an ongoing situation. Mega-simulations, in his view, provide special kinds of learning opportunities beyond what simpler role plays offer. They require students, for instance, to coordinate multiple levels of negotiations, manage many more unknown factors (such as issues and relationships) that cannot be fully anticipated or controlled, and synthesize a range of different skills, such as process management, analysis, and communication. Moreover, for a course such as international business negotiation, mega-simulations provide a highly realistic context in which students can practice. 

 

The featured educational commentator, Professor Christopher Dede of the Harvard Graduate School of Education, observed that the benefits of mega-simulations are grounded in theories of situated learning, in which knowledge is acquired collaboratively through social interaction in an authentic context. A classic example of situated learning is a medical residency-an authentic, collaborative environment for applying knowledge that is quite different from the more abstract classroom learning environment. Situated learning, said Dede, is a type of learning that is particularly likely to be transferable from the classroom to the real world. Moreover, it allows students to develop skills in problem finding in addition to problem solving. Simpler, more "canned" exercises specify the problems, while mega-simulations provide a complex environment in which students must identify the negotiation problems before attempting to solve them. 

 

Another feature of situated learning approaches is that their complexity creates a wide array of learning possibilities. Dede noted that human activities range from the simple (such as sleeping, for which most people have similar and stable environmental preferences) to the complex (such as eating, for which people have different preferences and for which even the same person tends to enjoy variety over time) to the even more complex (such as bonding, for which people tend to have very different preferences: they might bond to a baseball team or to their pets or to other people in very different ways). According to Dede, educators tend to treat learning as though it's a simple activity like sleeping, when in fact it is much more like bonding in terms of its complexity and the variety of learning styles, strengths, and preferences. "We're not going to reach nontraditional learners by expecting them to adapt to how we teach," said Dede. "We're going to reach those people by providing a kind of an umbrella that has many different kinds of learning possible underneath it, and they can gravitate to the part that makes sense for them. The mega-simulations and other forms of situated learning potentially offer that kind of power instructionally."

 

The second featured presenter, Brigham Young University Law Professor Gerald Williams,described his efforts to focus on discrete negotiation skills through the use of specialized video annotation software known as MediaNotes. Inspired by a pedagogical approach called "deliberate practice"-used largely in skills-based areas such as athletics and the performing arts-Williams teaches negotiation by breaking it down into smaller, more manageable chunks, or "micro-skills."  Students then rehearse these skills to attain proficiency, correcting errors based on feedback. Williams' students digitally record their negotiation exercises using simple web cameras attached to laptop computers and then use specialized video annotation software to pinpoint and comment on specific micro-skills, such as distinguishing interests from positions. These comments are collected on a jointly accessible web page and give both students and faculty a chance to offer and respond to feedback on specific statements, tactics, and nonverbal cues that appear in the videotaped simulation. Williams compared his use of the MediaNotes annotation software to a coach's use of playback videos to review athletes' performances. This approach, Williams explained, has created measurable improvements in students' negotiation skills.

 

Dede observed that Williams' approach goes even beyond deliberate practice-which works well for psychomotor activities such as golf swings-and fits well within cognitivist learning theories. Learners employing a cognitivist approach break down complex performances into simpler building blocks, just as they do with deliberate practice, but within the cognitivist approach learners also distinguish situation-independent skills from situation-dependent skills. This ensures that learners not only possess a repertoire of skills, but also understand when to use them. Ideally, said Dede, cognitivist approaches lead to "robust learning," in which students retain their skills for a long time, develop a strong ability to transfer the skills from one situation to another, and accelerate their ability to learn future skills. At that point, cognitivist theorists claim, "the whole is more than the sum of its parts in the sense that when something new comes along, even though it's an independent subskill, you can draw on related parts of prior subskills you learned to help you learn that future skill faster."

 

After general discussion of both Weiss's and Williams' presentations, the participants worked in small groups to generate advice on several topics that emerged from the discussions: how to help negotiation students "unlearn" undesirable negotiation behaviors, how to approach teaching negotiation in teams and in organizations, how to sequence teaching and learning strategies across a curriculum, and how to model negotiation excellence in the course of teaching negotiation.

 

Reflecting on the daylong meeting, NP @ PON cofounder Susskind said that the workshop had exceeded his already-high expectations. "The presenters and commentators put a lot of effort into what they offered, and there was a very positive response from those who attended as well as from those who were unable to attend but feel strongly that more time and energy at PON should be focused on improving the way we teach negotiation," he said. "I thought the session was terrific, and I learned a lot."

 

Professor Andrea Kupfer Schneider,who teaches negotiation at Marquette University Law School, said that the workshop "was a fabulous opportunity, which we don't usually have, to carve out space and time to think about our teaching. I was grateful for the opportunity to sit around the table with some of the best teachers in the business and think about how we can do this better."  Another participant, Professor Michael Moffitt of the University of Oregon School of Law, commented that "the conversation was great, the topic was great, and the collection of experiences and perspectives around that table was outstanding." In his view, the presenters' topics were far from exhausted. "I almost ached for more time to hear discussion of each," he said. 

 
Articles by both Weiss and Williams about their respective teaching approaches will be forthcoming in Negotiation Journal.

 

Melissa Manwaring (mmanwar@law.harvard.edu) is the Director of Curriculum Development at the Program on Negotiation at Harvard Law School and associate director of NP@PON. Catherine Teal Pennebaker (catherine_teal_pennebaker@ksg08.harvard.edu) is a Master in Public Policy candidate at Harvard University's Kennedy School of Government and a research associate with NP@PON.

TECHNOLOGY IN THE CLASSROOM

Making room on the syllabus for online dispute resolution (ODR)
 
By Zev J. Eigen
 

Technology has transformed how we communicate, work, play, and even identify ourselves. A small but growing community of online dispute resolution (ODR) practitioners believes that technological development is transforming how we negotiate as well. If ODR is really altering the negotiation landscape, what are the pedagogical implications? What follows is a brief overview of the types of ODR now available and some thoughts on why and how negotiation and dispute resolution instructors may wish to consider making room on the syllabus for ODR.

 

Currently available ODR services may be categorized as either synchronous, in which the parties and/or neutrals communicate in real time, or nonsynchronous, in which they do not. Synchronous systems include videoconferencing (some of which, such as the solutions from inSORS Integrated Communications, purport to be extremely advanced) and instant messaging. These tools replicate the temporal dynamics of face-to-face (F2F) negotiations more closely than their nonsynchronous counterparts do. Nonsynchronous systems include a wide gamut of services that allow participants to communicate out of "real time." The rhythm of these systems is more like that of e-mail, blogs, or electronic message boards: users need not participate simultaneously and have some discretion over when they do participate.

 

The chart below lists some examples of nonsynchronous ODR systems, which vary in the way they emulate or transform the negotiation process.    

 

ODR system

Description

The Mediation Room

Offers nonsynchronous message areas restricted to permutations of participants and mediators (i.e.: mediator-participant restricted space, space that all parties may view, space that some may view but not edit, etc.)

Juripax

Similar to the above description; highly customizable

Mediate.com

Online training of mediators and mediator selection forum

Cybersettle

Parties each anonymously present offers over three rounds; neither side knows what the other side offers; a predetermined percentage difference determines whether there is an agreement

SmartSettle

Parties submit preference rankings on customized issue lists and bid without seeing the other side's offers until an overlapping ZOPA (zone of possible agreement) is disclosed. Parties may then "optimize" their agreement by allowing the company's algorithm to "maximize minimum gains" and suggest a more mutually beneficial resolution

 

This list is far from exhaustive. For some types of disputes, ODR systems are the standard form of dispute resolution. For instance, the Internet Corporation for Assigned Names and Numbers (ICANN)-the organization responsible for the global coordination of Internet domain names and addresses-has established the Uniform Domain-Name Dispute Resolution Policy, a highly regulated ODR system for resolving domain-name disputes. The online auction site eBay offers direct negotiation, mediation, and arbitration services through its ODR partner, SquareTrade.  Several other e-commerce providers offer ODR systems as well.

 

ODR deserves a place in our curricula for several reasons. First, well-informed dispute resolution students should be aware of these burgeoning and varied systems. Considering the scope and breadth of ODR penetration (Cybersettle alone claims to have serviced more than $1 billion in settlements), ODR is at least worth mentioning to students when explaining the array of options for "matching the forum to the fuss." 

 

Second, ODR offers unique and useful opportunities to educate students about the applicability of standard negotiating tools and principles. For example, students might learn a great deal if they negotiated a simple two-party distributive negotiation using ODR. How, if at all, would anchoring occur in a three-round double-blind bidding system such as Cybersettle's? At what rate do students reach agreement using such a system? Half the class could do it this way, and comparisons could be made with the half that negotiated in the traditional F2F way. Students could also benefit from experimentation with nonsynchronous dispute resolution methods, to the extent that they learn how to read and send implicit or "unspoken" signals, and confront their (potentially incorrect) assumptions about those signals. 

 

Third, the transformative aspects of some ODR systems may be worth exploring. For instance, researchers have begun considering how nonsynchronous systems affect value claiming and creation, as well as what role emotions play when all communications are filtered electronically.  Additionally, the possibility of anonymous communication spaces may change the way that online negotiators create value and realize gains. Questions about process legitimacy surface when trust is placed in an algorithm or an online keeper of confidences instead of in a warm-bodied mediator.

 

There are also at least two logistical advantages of ODR in the classroom. First, the problem of repeat players in small classes could be somewhat mitigated if simulations are run online with anonymity. In fact, students could learn how their behavior changes from game to game when they know or do not know with whom they are interacting. Second, self-reflection and content analysis become easier when students can access a full transcription of negotiations with a few mouse clicks. 

 

In short, ODR's prevalence merits mention, its benefits and limitations merit review and study, and its potentially transformative capabilities deserve pedagogical and scholarly attention.

 

Zev Eigen (zeveigen@mit.edu) is a Ph.D. candidate at M.I.T.'s Sloan School of Management and a former practicing attorney. 

IMPROVING TEACHING PERFORMANCE

Experienced negotiation teacher offers sage advice

By Penelope Brown

 

"Teaching negotiation is not like teaching accounting. Negotiation has a triple threat," says Elaine Landry, a professor at the F.W. Olin School of Business at Babson College in Wellesley, Massachusetts. Landry is referring to the more personal aspects of learning negotiation. Students must not only navigate the theoretical aspects of the subject, but also reflect upon their own negotiation behavior and the negotiation behavior of others. That, says Landry, makes negotiation very challenging to teach.

 

So how can a teacher improve on what is already a challenging task? While Landry maintains that improving is a deeply personal process and will differ from teacher to teacher, she offers specific advice for new teachers as well as experienced teachers.

 

Landry advises new teachers to be inspired by their own learning and reflect on what influenced their own education. For Landry, it was David Kolb and Roger Fry's experiential learning model, Robert Kegan's work on adult development, and K. Patricia Cross's work on adults as learners. Identifying the features and ideas important to your own learning allows a beginning teacher to find his own voice. "It has to be authentic. You can't truly teach the way someone else teaches. Mimicry doesn't tend to work because students can tell when your style is forced or prescribed," she says. New teachers must understand how they came to be learners themselves because "you can't contribute to someone else's learning before you understand your own learning," she adds. Landry encourages new teachers to take risks and experiment to find their voice. She thinks the most common liability is relying too much on content rather than the learning experience itself. Engaging in the learning experience with students and recognizing that it is a collaborative process rather than a top-down process ultimately make it more engaging for the teacher. "That I learn all the time keeps it interesting for me," says Landry.  In this sense, the learning process is itself a negotiation.

 

For experienced teachers, Landry thinks that the challenge is to be vigilant about improvement. While she recognizes that it is important to stay connected to the scholarship, maintaining the energy for teaching is also vital. As an experienced teacher herself, one of Landry's improvement strategies is to observe other teachers. She prefers to observe courses in which she has no teaching role, because there is less "static" that may come from knowing the students too well. "This allows me to really listen to the students. It forces me to think about how I may have intervened, or contributed to the learning process. I can observe and discover my limitations, things I may have missed by using a familiar routine. Conversations after observations are usually about figuring out what the teacher was thinking and comparing impressions of what happened in the classroom." Landry says the most productive conversations for her result when another instructor articulates her challenges and frustrations, and then together they try to diagnose the problem and brainstorm possible solutions.

 

Landry constantly changes the way she teaches by closely observing her students' learning. "I aim to teach organically, which involves redesigning the learning process all the time." She notes, for example, the considerable challenges in teaching a very personal subject to students of varying cultures. "Within one classroom, student comfort levels differ; how they learn differs. This becomes more demanding (and interesting) when you have a student from Japan who has had different educational influences than a student who has been educated in Brazil." To understand their differing needs during the course, Landry believes that the course must be both experiential and writing-intensive. After the course, she changes and improves her teaching mainly based on what students are able to learn and produce, rather than only on course evaluations. Landry notes that a willingness to redesign one's learning process is time-consuming, and it raises expectations from students. Nevertheless, "in whatever way you can energize in that direction, it is worth it. One of my responsibilities is to try to get participants to be uncomfortable with their successes and comfortable with their failures. And I try to convince them that surprise and innovation are worth striving for, that these are the keys to a better-than-average learning experience and, not coincidentally, the path to being an effective negotiator."

 

While Landry clearly sees that it is "tremendously difficult to help people learn-not just to deliver content but to really help them learn"-she would not have it any other way. "It's astonishing what people can learn. Learning can actually be transformed, in a semester!"  Drawing on insights from her students, her colleagues, and her own experiences as a learner, Landry continually works to transform her teaching as well.

 

Penelope Brown (penelope_brown@ksg07.harvard.edu) holds a Master in Education from the Harvard Graduate School of Education and a Master in Public Administration from Harvard University's Kennedy School of Government.  She is a research associate with NP @ PON.

TEACHING TOOL SPOTLIGHT


Teaching about complex public disputes: The World Trade Center Redevelopment Negotiation exercise

By Catherine Teal Pennebaker
 
 

On September 11, 2001, two coordinated criminal attacks, occurring within 18 minutes of each other, destroyed two 110-story skyscrapers in downtown Manhattan, as well as other adjacent buildings. The perpetrators of this horrific act perished in the destruction, which resulted in the deaths of almost 3,000 people.

 

The event had international repercussions. The people of New York City were severely traumatized and the appropriate treatment of the site has become a matter of charged public discourse. Considerations of domestic patriotism, international relations, economic development, uninterrupted financial obligations, and profound private grief all suggest prompt redevelopment according to a broadly endorsed plan. It is generally agreed that the costs of redeveloping the site will approximate at least $7.5 billion, not including the cost of any memorial on the site to commemorate those who died there.  That memorial is projected to cost at least $500 million more.

 

Thus begin the instructions for the World Trade Center Redevelopment Negotiation, a new teaching exercise based on the negotiations to rebuild the World Trade Center site and to create a memorial for the victims of the 9/11 attack. Created by the International Institute for Conflict Prevention and Resolution (CPR) and the MIT-Harvard Public Disputes Program, and distributed through the Program on Negotiation Clearinghouse, the exercise involves a facilitated negotiation among five parties with divergent interests over the funding and implementation of this highly sensitive and politically controversial project.

 

"The game is intended for two audiences," explains MIT professor and coauthor Lawrence Susskind. "The first includes students and mid-career professionals studying negotiation who want to learn about multiparty, multi-issue dispute resolution in the public arena. The second audience is a larger set of people interested in understanding more about the problems surrounding the decision to rebuild the World Trade Center following the attacks on 9/11." In either case, participants attempt to reach consensus within the context of an emotionally and politically charged debate, with pressure added by the tight time line and the enormous financial costs involved.

 

The roles in the exercise, which are not intended to depict any particular real people, represent parties with a wide array of interests. Along with a facilitator, the roles include representatives of the city, the state (which owns the property in question), the commercial developer, the families of the victims, and the insurer. The issues to be negotiated include funding for the redevelopment, the physical layout of the project, the timing of construction, and who will receive credit for building a memorial to the victims. In addition to presenting the inherent challenges of any multi-lateral negotiation, such as process management and coalition building, the exercise also highlights the intrapersonal and interpersonal dimensions of negotiating within the context of a national tragedy.

 

Susskind conducted the exercise for the first time in New York City, during CPR's 2007 annual conference. "I thought the attorneys, judges, and mediators who participated in the NYC event really threw themselves into the game, playing roles quite different from their everyday assignments with passion and insight," he said. "Their written responses after the event indicated that the game had given them a chance to step back from the tragedy and put it into perspective," as many of the exercise participants were in New York City during the 9/11 attacks.

 

A soon-to-be-released teaching DVD shows Susskind introducing the exercise at the January 2007 CPR conference, follows one group of participants negotiating the exercise, and then shows Susskind debriefing all the participants on their experiences and the key lessons. The negotiation segment is particularly interesting, as it depicts a highly realistic example of multiparty negotiation, cutting back and forth between simultaneous caucus discussions while using a split screen to show comments and reactions during round-table discussions. The round-table discussions become increasingly heated, with agreement on a proposal coming down to the wire.

 

Appropriate for use in academic, corporate, government, or community training settings, the World Trade Center Redevelopment Negotiation exercise is currently available through the Program on Negotiation Clearinghouse at www.pon.org or by calling 800-258-4406. The teaching DVD will be available through the PON Clearinghouse this summer.

 

Catherine Teal Pennebaker (catherine_teal_pennebaker@ksg08.harvard.edu) is a Master in Public Policy candidate at Harvard University's Kennedy School of Government and a research associate with NP @ PON.

UPCOMING EVENTS

Save the date: December 8, 2007 Negotiation Pedagogy Workshop
 

On Saturday, December 8, 2007, NP @ PON will offer a one-day negotiation pedaogy workshop at Harvard University in Cambridge, Massachusetts.  The workshop will feature sessions on new and lesser-known negotiation teaching tools as well as on broader curriculum design and educational principles.  Open to the public, the workshop will be geared toward those who teach negotiation and dispute resolution at the graduate and undergraduate level.  More information will be distributed soon. 

JOIN THE NETWORK

Online dialogue for negotiation educators
 
Are you interested in sharing your teaching ideas with other negotiation educators? Would you like feedback from colleagues regarding your teaching questions or challenges? Please visit the NP @ PON webpage at www.pon.harvard.edu/np to connect to the NP @ PON Online Forum. Anyone who teaches negotiation, dispute resolution, or related topics in any context (academic, organizational, corporate, etc.) is invited to participate.
Thank you for taking the time to review this newsletter. For more information about NP @ PON, please visit the NP @ PON webpage.  Your comments and suggestions (send to np@pon.harvard.edu) are most welcome. 
 
Cordially,
 
Lawrence Susskind
Michael Wheeler
Melissa Manwaring
 
Negotiation Pedagogy at the
Program on Negotiation at Harvard Law School
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