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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 2:00 - 4:00

Room 3-442

Instructors: Professor Lawrence Susskind

Phone: 253-2026

Rm: 9-332

e-mail: susskind@mit.edu

 

Ms. Susan Podziba

Phone: 738-5320

Rm: 9-316

e-mail: podziba@mit.edu

 

Assistant:

Ms. Jan Martinez

Rm: 9-322

e-mail: jmartine@mit.edu

 

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. Ms. Martinez 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 see Marjorie Noack in 9-332.

Outline of Class Sessions

September 8
Introduction to Negotiation and Dispute Resolution in the Public Sector

September 13
Challenging the Conventional Wisdom About Dispute Resolution in the Public Sector

September 15
A Short-Guide to Consensus Building

September 20
No Class

September 22
An Overview of Negotiation Theory

Game #1: Appleton vs. Baker)

September 27
Conflict Assessment: Analyzing Stakeholder
Interests
(Review assigned readings)

September 29
Distribute vs. Integrative Bargaining

(Game #2: Redstone)

October 4
Multi-Party Negotiation

(Game #3: The Coalition Game)

October 6
Coalition Theory

(Game #4: Harborco)

October 11
NO CLASS ­ Columbus Day

October 13
Cooperative vs. Competitive Styles of Negotiatoin: The Role of Gender in Negotiation (Review of Assigned Readings)

October 18
FACILITIATION

(Game #5: Dirty Stuff II)

October 20
Role & Responsibility of the Facilitator

(Debriefing of Game #5)

October 25
MEDIATION

October 27
The Role & Responsibility of the Mediator

(Game #6: Humboldt)

November 1
The Role & Responsibility of the Mediator II

(Debriefing of Game #6)

November 3
Mediating in Unequal Power Situations

(Game #7: Westville)

November 8
Sources of Bargaining Power

(Debriefing of Game #7)

November 10
Chelsea Case Study

November 15
NOAA Case Study

November 17
Federal ADR & Negotiated Rulemaking Acts

November 22
Practitioners' Panel (Guest Lecturers)

November 24
VALUE-BASED PUBLIC DISPUTES

(Game #8: Madrona)

November 29
VALUE-BASED PUBLIC DISPUTES

(Debriefing of Game #8)

December 1
VALUE-BASED PUBLIC DISPUTES

December 6
Course Review

December 8
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).

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

Lawrence Susskind, Sarah McKearnan, and Jennifer Thomas-Larmer,

The Consensus Building Handbook (Sage Publishers, Thousand Oaks, California), 1999 (hardback)

11.255

ASSIGNED READINGS

 

September 15, 1999

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)

Introduction and Short Guide in the Consensus Building Handbook

 

September 22, 1999

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.

Susan Podziba, McKin Super Fund Site Convening Report for US EPA, 1997. (reader)

Stakeholder Analyses in the Consensus Building Handbook or Negotiating Environmenal Agreements (to be assigned)

 

October 6, 1999

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

 

October 13, 1999

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

Andrea Kupfer Schneider, Effective Responses to Offensive Comments, Negotiation Journal, Volume 10, Number 2, 1994. (reader)

 

October 18, 1999

David Straus, Chapters in the Consensus Building Handbook

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 25, 1999

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)

Michael Elliot chapter in the Consensus Building Handbook

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 1, 1999

Plato, The Collected Dialogues, Edith Hamilton, Huntington Cairns, Eds., Princeton University Press, 1991, pp. 353-384. (reader)

 

November 8, 1999

John Forester chapter in the Consensus Building Handbook

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

 

November 15, 1999

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 Mediation: The Chelsea Charter Consensus Process, Kettering Foundation, Dayton, Ohio, 1998. (reader)

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

 

November 17, 1999

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.

 

December 1, 1999

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 and 6. (reader)

Several additional chapters and cases from the Consensus Building Handbook to be assigned

 

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