DUSP Courses 1998

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11.255 Bargaining, Negotiation & Dispute Resolution in the Public Sector

11.255 READER

Bargaining, Negotiation and Dispute

Resolution in the Public Sector

Fall 1998

Monday and Wednesday 1:00 - 3:00

Room 1-246

Instructors: Professor Lawrence Susskind

Phone: 253-2026

Rm: 9-332

e-mail: susskind@mit.edu

Ms. Susan Podziba

Phone: 738-5320

Rm: 9-336

e-mail: podziba@mit.edu

Assistant: Ms. Jill Blockhus

Rm: 9-322

e-mail: blockhus@mit.edu

11.255 BARGAINING, NEGOTIATION AND DISPUTE RESOLUTION IN THE PUBLIC SECTOR

Conventional legislative, administrative, and judicial means of resolving resource allocation and policy disputes in the public sector often produce less than satisfactory outcomes. Planners, policy-makers, developers, and advocates concerned about the fairness, efficiency, stability, and wisdom of public sector decision-making are searching for better ways of resolving conflicts. Recent advances in the theory and practice of consensus building and dispute resolution are, therefore, of great significance.

This seminar is designed for graduate students with no prior background or experience in the field of dispute resolution. Lectures, case studies, and simulations are used to introduce students to the "art" and "science" of conflict assessment and dispute resolution. Occasional guest lectures by well-known practitioners provide an opportunity for students to test some of the theoretical ideas presented in class against the problems that arise in practice.

Some of the most important work in the field of dispute resolution is being done at the inter-university Program on Negotiation at Harvard Law School (PON). The Department of Urban Studies and Planning is well represented at the Program through the work of students and faculty affiliated with the MIT-Harvard Public Disputes Program.

Assignments and Requirements

No term paper will be required although there will be an in-class final exam. Every student is expected to submit bi-weekly journal entries commenting on the assigned readings and responding to questions presented throughout the semester. Participation in all weekly gaming sessions is required.

Readings for 11.255 will be on reserve in Rotch Library. There will also be a copy of the reader in 7-341 for anyone who would like to make a copy for personal use.

Enrollment is limited. Preference will be given to DUSP students. The Assistant will be available weekly to meet with students during scheduled office hours. In addition, if you would like to set up a time to see Professor Susskind or Ms. Podziba, please put your name o
In the sign-up sheet in Room 9-332.

Outline of Class Sessions

September 9 Introduction to Negotiation and Dispute Resolution in the Public Sector

September 14 Challenging the Conventional Wisdom About Dispute Resolution in the Public Secto

September 16 An Overview of Negotiation Theory

(Game #1: Appleton vs. Baker)

September 21 No Class

September 23 Conflict Assessment: Analyzing Stakeholder Interests

(Review assigned readings)

September 28 Distributive vs. Integrative Bargaining

(Game #2: Redstone)

September 30 No Class

October 5 Multi-Party Negotiation

(Game #3: The Coalition Game)

October 7 Coalition Theory

(Game #4: Harborco)

October 12 NO CLASS - Columbus Day

October 14 Cooperative vs. Competitive Styles of Negotiatoin: The Role of Gender in Negotiation (Review of Assigned Readings)

October 19 FACILITIATION

(Game #5: Dirty Stuff II)

October 21 Role & Responsibility of the Facilitator

(Debriefing of Game #5)

October 26 MEDIATION

October 28 The Role & Responsibility of the Mediator

(Game #6: Humboldt)

November 2 The Role & Responsibility of the Mediator II

(Debriefing of Game #6)

November 4 Mediating in Unequal Power Situations

(Game #7: Westville)

November 9 Sources of Bargaining Power

(Debriefing of Game #7)

November 11 NO CLASS - Veteran's Day

November 16 Chelsea Case Study

November 18 Federal ADR & Negotiated Rulemaking Acts

November 23 Practitioners' Panel (Guest Lecturers)

November 25 VALUE-BASED PUBLIC DISPUTES

(Game #8: Madrona)

November 30 VALUE-BASED PUBLIC DISPUTES

(Debriefing of Game #8)

December 2 VALUE-BASED PUBLIC DISPUTES

December 7 Course Review

December 9 Final Exam

BOOKS TO PURCHASE

(These books can be found at the Tech Coop.)

Roger Fisher and William Ury, Getting to Yes, (Houghton-Mifflin, Boston), 1991 (paperback, new edition).

Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Irwin Publishing Inc., Boston), 1994 (paperback, new edition).

Lawrence Susskind and Jeffrey Cruikshank, Breaking the Impasse: Consensual Approaches to Resolving Public Disputes (Basic Books, New York), 1987. (paperback)

David Strauss, How to Make Meetings Work, (Jove Publishers), 1985 (paperback).

Susskind and Field, Dealing with An Angry Public: The Mutual Gains Approach, (Free Press), 1997.

11.255

ASSIGNED READINGS

September 16, 1998 Lawrence Susskind and Jeffrey Cruikshank, Breaking the Impasse: Consensual Approaches to Resolving Public Disputes (Basic Books, New York), 1987

Roger Fisher and William Ury, Getting to Yes, (Houghton-Mifflin, Boston), 1991 2nd edition.

David Lax and James Sebenius, The Manger as Negotiator, (Free Press, New York), 1986, Chapter 2 (reader)

Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Irwin Publishing Inc., Boston), 1994, Chapter 1.

September 23, 1998 Susan Carpenter and W. J. D. Kennedy, Managing Public Disputes (Jossey-Bass, S.F.), 1988, pp. 71-91 (reader)

Howard Raiffa, The Art and Science of Negotiation, (Harvard Univ. Press, Cambridge, MA), 1982, pp. 119-163. (reader)

Lawrence Susskind and Jennifer Thomas-Larmer, Conflict Assessment, The Consensus Building Handbook, Chapter 2, Sage Publications, forthcoming

Stakeholder Analysis, A Report to the Northern Oxford County Coalition, Sample Conflict Assessment (Maine-NOCC), CBI Publication, May 26, 1995 (reader)

October 7, 1998 Roy L. Lewicki, Joseph A. Litterer, Negotiation, (Richard D. Irwin, Boston, MA), 1985, Chapters 3 and 4.

Raiffa, The Art and Science of Negotiation, pp. 257-274. (reader)

October 14, 1998 Deborah Kolb, Her Place at the Table: A Consideration of Gender Issues in Negotiation, PON Working Paper 388-5.

Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Irwin Publishing Inc., Boston), 1994, Chapter 11.

October 19, 1998 Michael Doyle and David Straus, Making Meetings Work: The Interaction Method, (Jove Publishers, The Berkeley Publishing Group, NY), 1985, pp. 3-124.

Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Irwin Publishing Inc., Boston), 1994, Chapter 12.

Schwarz, Roger M., Group Facilitation and the Role of the Facilitator, What Makes Work Groups Effective, The Skilled Facilitator: Practical Wisdom for Developing Effective Groups, (Jossey Bass, San Francisco), 1994, 3-41. (reader)

October 26, 1998 Moore, Christopher W., "How Mediation Works", The Mediation Process: Practical Strategies for Resolving Conflict, (Jossey Bass, San Francisco), 1986, 13-43. (reader)

Susskind, Lawrence and Ozawa, Connie, Mediated Negotiation in the Public Sector: The Planner as Mediator, Journal of Planning Education and Research, Vol. 4, No. 1, August 1984. (reader)

Pruitt, Dean G. and Kressel, Kenneth, The Mediation of Social Conflict: An Introduction, Journal of Social Issues, Vol. 41, No.2, 1985, 1-10. (reader)

P. H. Gulliver, Disputes and Negotiations: A Cross-cultural Perspective (Academic Press, New York), 1979, pp. 209-231. (reader)

Lawrence Susskind, Environmental Mediation and the Accountability Problem, Vermont Law Review, Vol. 6, No. 1, Spring 1981. (reader)

November 2, 1998 Plato, The Collected Dialogues, Edith Hamilton, Huntington Cairns, Eds., Princeton University Press, 1991, pp. 353-384.

November 9, 1998 John Forester, Planning in the Face of Power, (Univ. of California, Berkeley), 1989, Chapter 6, pp. 82-103. (reader)

Roger Fisher, Negotiation Power, American Behavioral Scientist, Vol. 27, 1983. (reader)

Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Irwin Publishing Inc., Boston), 1994, Chapter 10.

November 16, 1998 Robert D. Putnam, with Leonardi, Robert, and Nanetti, Raffaella Y., Making Democracy Work, (Princeton University Press, Princeton), 1993, Chapter 6. (reader)

Susan L. Podziba, Social Capital Formation, Public-Building & Public meidation: The Chelsea Charter Consensus Process, Kettering Foundation, Dayton, Ohio, 1998.

Mathews, David, Politics for People, (University of Chicago Press, Chicago), 1994, Chapters 6 and 7. (reader)

November 18, 1998 Susskind, Babbitt, and Segal, When ADR Becomes the Law: A Review of Federal Practice, Negotiation Journal, Vol. 9, No. 1, 1993.

Federal Advisory Committee Act, 10-6-72

Administrative Dispute Resolution Act, 11-15-90

Negotiated Rule Making Act, 1-23-99

Susskind and McMahon, The Theory and Practice of Negotiated Rulemaking, Yale Journal of Regulation, Vol. 3, 1985.

November 28, 1998 William Ury, Jeanne Brett, and Stephen Goldberg, Getting Disputes Resolved, (Jossey-Bass, S.F.), 1989, (whole book).

Susskind and Field, Dealing with an Angry Public: The Mutual Gains Appproach, (Free Press) 1997, Chapters 1,2, and 6.

Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Erwin Publishing Inc., Boston), 1994, Chapters 5, 6, 7, 8, and 13.

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This syllabus may have been updated. To ensure that you're looking at the most recent version, please hit "Reload."
11.255 Bargaining, Negotiation & Dispute Resolution in the Public Sector
11.255 READER Bargaining, Negotiation and Dispute Resolution in the Public Sector Fall 1998 Monday and Wednesday 1:00 - 3:00 Room 1-246 Instructors: Professor Lawrence Susskind Phone: 253-2026 Rm: 9-332 e-mail: susskind@mit.edu Ms. Susan Podziba Phone: 738-5320 Rm: 9-336 e-mail: podziba@mit.edu Assistant: Ms. Jill Blockhus Rm: 9-322 e-mail: blockhus@mit.edu 11.255 BARGAINING, NEGOTIATION AND DISPUTE RESOLUTION IN THE PUBLIC SECTOR Conventional legislative, administrative, and judicial means of resolving resource allocation and policy disputes in the public sector often produce less than satisfactory outcomes. Planners, policy-makers, developers, and advocates concerned about the fairness, efficiency, stability, and wisdom of public sector decision-making are searching for better ways of resolving conflicts. Recent advances in the theory and practice of consensus building and dispute resolution are, therefore, of great significance. This seminar is designed for graduate students with no prior background or experience in the field of dispute resolution. Lectures, case studies, and simulations are used to introduce students to the "art" and "science" of conflict assessment and dispute resolution. Occasional guest lectures by well-known practitioners provide an opportunity for students to test some of the theoretical ideas presented in class against the problems that arise in practice. Some of the most important work in the field of dispute resolution is being done at the inter-university Program on Negotiation at Harvard Law School (PON). The Department of Urban Studies and Planning is well represented at the Program through the work of students and faculty affiliated with the MIT-Harvard Public Disputes Program. Assignments and Requirements No term paper will be required although there will be an in-class final exam. Every student is expected to submit bi-weekly journal entries commenting on the assigned readings and responding to questions presented throughout the semester. Participation in all weekly gaming sessions is required. Readings for 11.255 will be on reserve in Rotch Library. There will also be a copy of the reader in 7-341 for anyone who would like to make a copy for personal use. Enrollment is limited. Preference will be given to DUSP students. The Assistant will be available weekly to meet with students during scheduled office hours. In addition, if you would like to set up a time to see Professor Susskind or Ms. Podziba, please put your name o In the sign-up sheet in Room 9-332. Outline of Class Sessions September 9 Introduction to Negotiation and Dispute Resolution in the Public Sector September 14 Challenging the Conventional Wisdom About Dispute Resolution in the Public Secto September 16 An Overview of Negotiation Theory (Game #1: Appleton vs. Baker) September 21 No Class September 23 Conflict Assessment: Analyzing Stakeholder Interests (Review assigned readings) September 28 Distributive vs. Integrative Bargaining (Game #2: Redstone) September 30 No Class October 5 Multi-Party Negotiation (Game #3: The Coalition Game) October 7 Coalition Theory (Game #4: Harborco) October 12 NO CLASS - Columbus Day October 14 Cooperative vs. Competitive Styles of Negotiatoin: The Role of Gender in Negotiation (Review of Assigned Readings) October 19 FACILITIATION (Game #5: Dirty Stuff II) October 21 Role & Responsibility of the Facilitator (Debriefing of Game #5) October 26 MEDIATION October 28 The Role & Responsibility of the Mediator (Game #6: Humboldt) November 2 The Role & Responsibility of the Mediator II (Debriefing of Game #6) November 4 Mediating in Unequal Power Situations (Game #7: Westville) November 9 Sources of Bargaining Power (Debriefing of Game #7) November 11 NO CLASS - Veteran's Day November 16 Chelsea Case Study November 18 Federal ADR & Negotiated Rulemaking Acts November 23 Practitioners' Panel (Guest Lecturers) November 25 VALUE-BASED PUBLIC DISPUTES (Game #8: Madrona) November 30 VALUE-BASED PUBLIC DISPUTES (Debriefing of Game #8) December 2 VALUE-BASED PUBLIC DISPUTES December 7 Course Review December 9 Final Exam BOOKS TO PURCHASE (These books can be found at the Tech Coop.) Roger Fisher and William Ury, Getting to Yes, (Houghton-Mifflin, Boston), 1991 (paperback, new edition). Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Irwin Publishing Inc., Boston), 1994 (paperback, new edition). Lawrence Susskind and Jeffrey Cruikshank, Breaking the Impasse: Consensual Approaches to Resolving Public Disputes (Basic Books, New York), 1987. (paperback) David Strauss, How to Make Meetings Work, (Jove Publishers), 1985 (paperback). Susskind and Field, Dealing with An Angry Public: The Mutual Gains Approach, (Free Press), 1997. 11.255 ASSIGNED READINGS September 16, 1998 Lawrence Susskind and Jeffrey Cruikshank, Breaking the Impasse: Consensual Approaches to Resolving Public Disputes (Basic Books, New York), 1987 Roger Fisher and William Ury, Getting to Yes, (Houghton-Mifflin, Boston), 1991 2nd edition. David Lax and James Sebenius, The Manger as Negotiator, (Free Press, New York), 1986, Chapter 2 (reader) Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Irwin Publishing Inc., Boston), 1994, Chapter 1. September 23, 1998 Susan Carpenter and W. J. D. Kennedy, Managing Public Disputes (Jossey-Bass, S.F.), 1988, pp. 71-91 (reader) Howard Raiffa, The Art and Science of Negotiation, (Harvard Univ. Press, Cambridge, MA), 1982, pp. 119-163. (reader) Lawrence Susskind and Jennifer Thomas-Larmer, Conflict Assessment, The Consensus Building Handbook, Chapter 2, Sage Publications, forthcoming Stakeholder Analysis, A Report to the Northern Oxford County Coalition, Sample Conflict Assessment (Maine-NOCC), CBI Publication, May 26, 1995 (reader) October 7, 1998 Roy L. Lewicki, Joseph A. Litterer, Negotiation, (Richard D. Irwin, Boston, MA), 1985, Chapters 3 and 4. Raiffa, The Art and Science of Negotiation, pp. 257-274. (reader) October 14, 1998 Deborah Kolb, Her Place at the Table: A Consideration of Gender Issues in Negotiation, PON Working Paper 388-5. Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Irwin Publishing Inc., Boston), 1994, Chapter 11. October 19, 1998 Michael Doyle and David Straus, Making Meetings Work: The Interaction Method, (Jove Publishers, The Berkeley Publishing Group, NY), 1985, pp. 3-124. Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Irwin Publishing Inc., Boston), 1994, Chapter 12. Schwarz, Roger M., Group Facilitation and the Role of the Facilitator, What Makes Work Groups Effective, The Skilled Facilitator: Practical Wisdom for Developing Effective Groups, (Jossey Bass, San Francisco), 1994, 3-41. (reader) October 26, 1998 Moore, Christopher W., "How Mediation Works", The Mediation Process: Practical Strategies for Resolving Conflict, (Jossey Bass, San Francisco), 1986, 13-43. (reader) Susskind, Lawrence and Ozawa, Connie, Mediated Negotiation in the Public Sector: The Planner as Mediator, Journal of Planning Education and Research, Vol. 4, No. 1, August 1984. (reader) Pruitt, Dean G. and Kressel, Kenneth, The Mediation of Social Conflict: An Introduction, Journal of Social Issues, Vol. 41, No.2, 1985, 1-10. (reader) P. H. Gulliver, Disputes and Negotiations: A Cross-cultural Perspective (Academic Press, New York), 1979, pp. 209-231. (reader) Lawrence Susskind, Environmental Mediation and the Accountability Problem, Vermont Law Review, Vol. 6, No. 1, Spring 1981. (reader) November 2, 1998 Plato, The Collected Dialogues, Edith Hamilton, Huntington Cairns, Eds., Princeton University Press, 1991, pp. 353-384. November 9, 1998 John Forester, Planning in the Face of Power, (Univ. of California, Berkeley), 1989, Chapter 6, pp. 82-103. (reader) Roger Fisher, Negotiation Power, American Behavioral Scientist, Vol. 27, 1983. (reader) Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Irwin Publishing Inc., Boston), 1994, Chapter 10. November 16, 1998 Robert D. Putnam, with Leonardi, Robert, and Nanetti, Raffaella Y., Making Democracy Work, (Princeton University Press, Princeton), 1993, Chapter 6. (reader) Susan L. Podziba, Social Capital Formation, Public-Building & Public meidation: The Chelsea Charter Consensus Process, Kettering Foundation, Dayton, Ohio, 1998. Mathews, David, Politics for People, (University of Chicago Press, Chicago), 1994, Chapters 6 and 7. (reader) November 18, 1998 Susskind, Babbitt, and Segal, When ADR Becomes the Law: A Review of Federal Practice, Negotiation Journal, Vol. 9, No. 1, 1993. Federal Advisory Committee Act, 10-6-72 Administrative Dispute Resolution Act, 11-15-90 Negotiated Rule Making Act, 1-23-99 Susskind and McMahon, The Theory and Practice of Negotiated Rulemaking, Yale Journal of Regulation, Vol. 3, 1985. November 28, 1998 William Ury, Jeanne Brett, and Stephen Goldberg, Getting Disputes Resolved, (Jossey-Bass, S.F.), 1989, (whole book). Susskind and Field, Dealing with an Angry Public: The Mutual Gains Appproach, (Free Press) 1997, Chapters 1,2, and 6. Lewicki, Litterer, Saunders, and Minton, Negotiation: Readings, Exercises, and Cases (Erwin Publishing Inc., Boston), 1994, Chapters 5, 6, 7, 8, and 13.