ADVANCED NEGOTIATION & MEDIATION SKILLS FOR MANAGERS
PADM-GP.4108.7W2.001 - Spring, 2015
Instructor: Allen J. Zerkin, J.D.
Mailbox 91, Puck Building, 3rd floor
Office hours: Wednesdays 5:30-6:20pm, in adjunct office 3051 - appointments recommended
Email: allen.zerkin@nyu.edu
Purpose of the course: To expand your negotiation skills and introduce you to the theory and practice of
mediation.
Performance evaluation:
Participation in class discussion and exercises - 40%
A reflective journal essay sharing with me what you are learning about yourself as a negotiator - 30%. The
essay can, for example, describe one or more life/work situations in which you have recently been involved
and/or can be related to our course exercises and readings. (It is recommended that you keep a journal
throughout the course, so that you have notes upon which you can draw when you do your essay.)
Guidelines: Maximum three-page Word document (double-spaced, 1.25” margins, 10-point font - NO
PDFs), due as an email attachment on Sunday, May 10.
Remaining 30% - at your option, either (a) have your course grade in PADM-GP.4101 be your grade for
this 30% (under this option, you do not need to do anything), or (b) a paper on a relevant topic of your own
choosing - maximum three-page Word document (double-spaced, 1.25” margins, 10-point font – NO
PDFs), due as an e-mail attachment by Friday, May 15. If you are going to opt to do this paper, please let
Professor Zerkin know in advance.
Readings: Available on the course website
Pre-course assignment:
Prepare to negotiate the Terminal Lighting case at the first class (the General Info and your role, which will
be assigned by email, are available on Blackboard).
Write a brief memo to me (maximum one page) describing your learning objectives for the course: What
capacities do you want to develop? What do you want to learn in the realms of negotiation and mediation?
Fill out Doodle for doing the MAPO case no later than Tuesday, April 14.
Session 1 - Wednesday, April 15: (6:45-8:25)
Introduction to the Course; Advanced Negotiation Skills, part 1
Pre-course assignment – see prior page
Readings:
Raiffa, “A Checklist for Negotiators”, The Art and Science of Negotiation, pp. 126-130; The Art and
Science of Negotiation; Cambridge, MA: Harvard University Press; 1982
Lewicki and Litterer, Chapter 12, pp. 279-292, "Converting Win/Lose to Win/Win: The Tactics of Conflict
Resolution," Negotiation, Homewood, IL: Richard D. Irwin, 1985
Shell, excerpts from “On Becoming an Effective Negotiator,” pp. 232-235, op. cit.
Session 2 - Wednesday, April 22: (6:45-8:25))
Advanced Negotiation Skills, part 2
Assignments for Session 2:
Prepare to negotiate the DEC v. Riverside case in class
Study the readings and be prepared to discuss them
MAPO exercise team preparation meetings (can be held anytime prior to the negotiation of the case, which
must take place between sessions 2 and 3)
Readings:
Lax and Sebenius, “Three Ethical Issues in Negotiation,” Negotiation Journal 2, no. 4 (October 1986): 363–370
(Reprinted in Negotiation and Settlement Advocacy, edited by Charles B. Wiggins. West Publishing Co., 1997)
Reitz, Wall & Love, “Ethics in Negotiation: Oil and Water or Good Lubrication?” pp. 230-244, in Lewicki et al,
Negotiation: Readings, Exercises, and Cases; New York, NY: McGraw-Hill/Irwin; 2003
Lewicki et al, “Ethics in Negotiation,” pp. 181-200, Essentials of Negotiation, Third Edition; New York, NY:
McGraw-Hill/Irwin; 2004
Shell, “Ethics in Negotiation,” pp. 196-228, Bargaining for Advantage, 2d Ed.; NY, NY: Penguin Books 2006
Session 3 - Wednesday, April 29: (6:45-8:25)
Advanced Negotiation Skills, part 3
Assignment for Session 3: Negotiate “MAPO” in teams outside of class
Readings:
Mnookin and Cohen, “Introduction,” pp. 1-11 in Mnookin and Susskind, eds., Negotiating on Behalf of
Others; Thousand Oaks, CA: Sage Publications, 1999
Optional:
Cutcher-Gershenfeld and Watkins, “Toward a Theory of Representation in Negotiation,” and
Susskind, “Commentary: The Shifting Role of Agents in Interest-Based Negotiations,” pp. 23, 4450, and 52-57; ibid.; and Fisher and Davis, “Authority of an Agent,” and Bazerman,
“Commentary: Rational Authority Allocation to an Agent,” pp. 59-80 and 81-85; ibid.
Holtom, B., and A. Kenworthy-U’ren, “Electronic Negotiation: A teaching tool for encouraging student
self-reflection,” pp. mid-18– 24; http://epublications.bond.edu.au/business_pubs/21
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Session 4 - Wednesday, May 6: (6:45-8:25)
Advanced Negotiation Skills, part 4
Mediation, part 1
Assignments for Session 4:
Reflective journal essay on course and life experiences and readings (maximum 3 pp., 10-pt. font, doublespaced, 1” margins) – see course requirements on page 1 of the syllabus. Due by email Sunday May 10.
Prepare Dance Innovation case materials – the general information and the role you will be assigned.
Readings:
From the Center for Understanding in Conflict, February 2014 Newsletter
Moore, The Mediation Process, 2d Ed., pp. 68-69, 148-152, 209-211, 280-299; San Francisco, CA: Jossey
Bass, ‘96
Goldberg, “The Secrets of Successful Mediators,” Negotiation Journal, July 2005, pp. 365-376
Isenhart & Spangle, Chapter 4, “Mediation,” pp. 71-83, 85-88; Collaborative Approaches to Resolving
Conflict; Thousand Oaks, CA: Sage Publications, 2000
Session 5 – Wednesday, May 13: (6:45-8:25)
Mediation, part 2
Assignments for Session 5:
Prepare Dance Innovation case materials – the general information and the role you will be assigned.
Readings:
Roehl and Cook, "Mediation in Interpersonal Disputes: Effectiveness and Limitations", pp. 43-45; in
Kressel and Pruitt, eds., Mediation Research; San Francisco, CA: Jossey-Bass; 1989
Honeyman, Five Elements of Mediation, Negotiation Journal, 4:149, 1988, excerpted in Goldberg, Sander
& Rogers, eds., Dispute Resolution: Negotiation, Mediation & Other Processes, pp. 113-115; Boston, MA:
Little, Brown, 1992
ABA Section of Dispute Resolution’s Task Force on Improving Mediation Quality,” Section II, Final
Report; Washington, D.C.: American Bar Association Section of Dispute Resolution, 2008
Green, adapted by Zerkin, “Transformative Tools: A toolkit for transformative mediation” (unpublished)
Session 6-7 - Sunday, May 17: (9:30-11:10, 11:20-1:00)
Mediation, part 3
Outline for session: Complete Dance Innovation; watch Dance Innovation video
Assignment for Session 6-7: Review Dance Innovation case materials and think about options for the various
issues and packages you would accept as a negotiated settlement
Reading:
Aune, B., et al, pp. 1-11, “Teaching About the Mediation of Values-Based and Identity-Based Disputes;”
Cambridge, MA: Program on Negotiation at Harvard Law School; 2010
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