BUS 473: Dispute Resolution
Professor: Brad Reich
Office: Mc108B
Email: breich@ups.edu
Telephone: 253 879 3569
Class Time and Location:
TTH 12:30-10:50
Mc 107
Office Hours:
Times: MW 8:00-9:30 and by appointment.
I’m frequently around anyway.
Course Overview:
This class will focus on two primary forms of non-litigious dispute resolution:
negotiation and mediation. Students will learn the theories underlying aspects and
implementation of these models and develop the substantive, procedural, and
communication skills necessary to utilize them "successfully", both personally and
professionally.
Things you Need to Know About this Class:
1. It has required readings.
2. It requires public speaking
3. It has mandatory attendance.
3. It has no multiple choice or true/false tests.
4. It has group work and projects.
5. They do not suck.
6. Bring a calculator.
TEXT:
Fisher, Ury, and Patton, Getting to Yes: Negotiating Agreement Without Giving In (2011
Edition).
Some of you likely learn by watching or observing. If you are one of these people, you
might want to check out the DVDs in our library demonstrating aspects of the mediation
process. You can locate them using “Conflict Resolution Academy” and “Richard
Voyles” as search terms if they are not already on reserve. Topics include: Opening
Statements, Joint Discussion, Question Asking Skills, Need Exploration,
Troubleshooting, Caucus, and Reconvening.
Course Objectives:
1. Develop critical thinking skills that help students identify micro and macro dispute
resolution issues in business and business contexts.
2. Develop separate systematic processes for analyzing and addressing dispute resolution
issues in business and business contexts.
3. Develop students’ abilities to apply systematic processes to resolve different types of
disputes in business and within business contexts.
4. Create individual and group accountability for student performance.
Expectations:
1. Read the syllabus/schedule frequently.
2. Come to class ready to address the scheduled materials.
3. Participate.
4. Meet due dates and deadlines
Attendance and Participation:
This class can be fun and very interesting, in fact I’ll be stunned if it is not. However it is
also highly, and necessarily, interactive. The course involves many in-class group
exercises, several encompassing multiple class periods. If you are not here, or do not
actively participate, it hurts you and others. Attendance is mandatory. If you have a
conflict you must get permission from me to miss class PRIOR to missing class. If you
miss class without prior permission I will reduce your overall grade at my
discretion.
From time to time I may require you to perform tasks such as small research pieces or
submitting what you will be introduced to as “copies”. If you fail to meet
requirements I will reduce your overall grade at my discretion.
Having said that, if you make meaningful contributions in class work and discussions, I
may add participation credit to your grade at my discretion.
Classroom Etiquette:
Be on time and prepared for the subject matter addressed that day.
If the door is closed, do not come in (unless you were already in and needed to exit).
Email/Communication:
Email communication is not perfect; so do not expect it to be.
You are responsible for checking your email accounts regularly. At a minimum, I expect
you top check once per day.
There may be times that you email me. If you do not get a response I DID NOT
receive your email. I always respond to student emails, although some may only
receive a “Got it” acknowledgement.
Grading Policy: There are two assessed areas, Written and Performance
1. Written Submissions:
Points
Possible
Due
Content
Class 4
Barg. Zone and Res. Point I
0
Class 5
Barg. Zone and Res. Point II
10
Class 7
First Offer
10
Class 8
Goals/Bottom Line
10
Class 9
BATNA & WATNA
15
Class 11
Barg. Zone, Res. Point, BATNA,
WATNA, Goal(s), First Offer
25
Class 15
Barg. Zone, Res. Point, BATNA,
WATNA, Goal(s), First Offer
25
Class 16
Barg. Zone, Res. Point, BATNA,
WATNA, Goal(s), First Offer,
Bibliography
50
Class 20/21/22:
Negotiation
Assessment
Barg. Zone, Res. Point, BATNA,
WATNA, Goal(s), First Offer,
Bibliography
Performance
50
Bibliography
15
Class 27:
50
Class 28/29/30:
Mediation
Assessment
(Parties Only)*
OR
Performance
(Mediators Only)*
Barg. Zone, Res. Point, BATNA,
WATNA, Goal(s), First Offer
75
75
TOTAL POSSIBLE
335
* Please note: While the possible points are equal, parties and mediators are scored using
different criteria.
Letter grades will be as follows:
A
AB+
B
BC+
C
CD+
D
DF
315-335
302-314
291-301
281-290
268-280
258-267
248-257
235-247
224-234
214-223
201-213
0-200
Extra Credit:
Extra credit is completely up to you. I will not suggest topics. If you wish to pursue
extra credit it is your duty to do the following via email:
1. Propose a project.
2. Propose a specific number of hours that you expect to put into the project.
3. Propose a point value for the project.
4. Propose a due date.
If we can reach agreement on the preceding four points, I will authorize you to pursue the
project. I will not accept any unauthorized submissions.
NOTE I: I will not accept any proposals during the last FULL week of classes. This
means that if you wish to pursue extra credit I must have authorized your proposal no
later than 11:59 pm on the Sunday immediately preceding the last full week of classes.
NOTE II: I will not accept any final submissions later than 11:59 pm on the Sunday
preceding the last PARTIAL week of classes.
NOTE III: I view extra credit as, almost always, nothing more than an attempt to recapture lost points. There is generally little “extra” to it, so I will not entertain any
proposals that exceed 10% of the total points available for the course (and you are really
going to have to convince me that what you are proposing is worth 1/10 of the assessed
course work). My rationale is that extra credit cannot have so much value that it actually
negates substantive requirements.
NOTE IV: You MUST put the total points possible on your submission’s coversheet. If
you do not I will not score it.
Special Needs/Disabilities:
Students with disability concerns are urged to contact the Disability Services Coordinator
at 253 879 2692 as soon as possible. I cannot accommodate a disability without an
official Directive from Disability Services.
Academic Dishonesty:
Just don’t do it in any way, shape, or form. If you do, it will be painfully obvious and I
am then required to do the following:
D. If the faculty member determines that a violation of academic integrity has occurred,
he or she is required to submit to the Registrar an Academic Integrity Incident Report
(available from the Office of the Registrar), including reasonable documentation of the
violation. The report should also indicate penalties the instructor intends to impose and
whether or not the instructor recommends further sanctions through the Hearing Board
process.
Please see http://www.ups.edu/x4718.xml for additional details and information.
Emergency Procedures:
Please review university emergency preparedness and response procedures posted at
www.pugetsound.edu/emergency/. There is a link on the university home page.
Familiarize yourself with hall exit doors and the designated gathering area for your class
and laboratory buildings.
If building evacuation becomes necessary (e.g. earthquake), meet your instructor at the
designated gathering area so she/he can account for your presence. Then wait for further
instructions. Do not return to the building or classroom until advised by a university
emergency response representative.
If confronted by an act of violence, be prepared to make quick decisions to protect your
safety. Flee the area by running away from the source of danger if you can safely do so.
If this is not possible, shelter in place by securing classroom or lab doors and windows,
closing blinds, and turning off room lights. Stay low, away from doors and windows, and
as close to the interior hallway walls as possible. Wait for further instructions.
Disclaimer:
I reserve the right to change any part of this syllabus, at any time, for any reason, as I
deem necessary.
Understanding the Syllabus
1. Changes to the Syllabus:
I do not expect to, but I reserve the right to change any and all portions of this Syllabus at
any time and for any reason I deem necessary.
I do not expect to deviate significantly from this syllabus, but I recognize the unique
nature of this material and process and warn you that we may not always be exactly on
schedule.
2. Terminology
For purposes of the following Schedule, the term “Due” means “due at the time class
begins on that specified date.” It does not mean anything else or refer to any other time.
“Due” also means that materials are due in type written form. Hand written materials do
not count.
Schedule:
Date
Topic
Read
Due
Section I: Overview
1/21
Class 1 - Review Syllabus
None
None
1/23
Class 2- Dispute Resolution Systems
- Negotiation: theory and structure
- Mediation: theory and structure
- Arbitration: theory and structure
None
None
Section II: Pre-Dispute Resolution
1/28
Class 3 - Bargaining Zone and
Reservation Points
Exercise #1:FLOUR POWER
H/O: Exercise #2: PRADO SCOOT
1/30
Class 4 – PRADO SCOOT
2/4
Class 5 – PRADO SCOOT II
H/O: PRADO SCOOT II
2/6
2/11
Class 6 – First Offers
Review and bring all work
from PRADO SCOOT I and II
H/O: Material Term Explanations
H/O: First Offer Assignment
Class 7 – Goals and Bottom Line
Review and bring all work
from PRADO SCOOT I and II
H/O: Alice and the Cat
H/O: Goals/Bottom Line Assignment
None
Prado Scoot
None
None
Bargaining Zone
and Reservation
Point: Prado
Scoot (“PS”)
(2 copies)
Bargaining Zone
and Reservation
Point: PSII
(2 copies)
None
None
None
First Offer: PS
(2 copies)
2/13
Class 8 - Determining BATNA
and WATNA (part I)
Negotiate: Prado Scoot
Exercise: RELOCATION I
H/O Exercise #3 RELOCATION II
Text: Ch. 6
Goals and Bottom
Line: PS
(2 copies)
2/18
Class 9 – Determining BATNA
and WATNA (part II)
H/O Exercise #4: THE BOAT
None
BATNA and
WATNA:
RELOCATION
II (2 copies)
2/20
Class 10 – Determining BATNA
and WATNA (part III)
H/O: “Put-it-All-Together” Assignment
None
None
Section III: Negotiation
Date
Topic
Read
Due
2/25
Class 11 – Overview:
Negotiation Process
H/O Exercise #5: OFFICE DESK
Negotiation
Text:
Introduction
and Ch. 1
BATNA,
WATNA,
Barg. Zone,
Res. Point,
Goals, and
First Offer:
Relocation II
(2 copies)
2/27
Class 12 - Separating People
from Problems
H/O Exercise #6: PUPPY PERIL
Negotiate
Text: Ch. 2
None
3/4
Class 13 - Generating Options and
Dirty Tricks
H/O Exercise #7: TRUE LOVE
Negotiate
Text: Ch. 4, 7, 8
None
3/6 Class 14 - From Positions
to Interests
H/O Exercise #8: BAD GRADE
Negotiate
H/O Exercise #9: HOUSING
Text: Ch. 3, 5
None
3/11 Class 15 – Negotiate: HOUSING
H/O Exercise #10: WHEELS
None
BATNA,
WATNA,
Barg. Zone,
Res. Point,
Goals, First
Offer:
Housing
(2 copies)
3/13 Class 16 – Negotiate: WHEELS
None
H/O: Exercise #11: THE JOB (Assessment)
3/18
Class 17 - No class: Spring Break
3/20
Class 18 – No class: Spring Break
3/25
Class 19 – No class: Conference
BATNA,
WATNA,
Barg. Zone,
Res. Point,
Goals, First
Offer, and
Bibliography:
Wheels
(2 copies)
NOTE: Each party SHALL bring to the Assessment Group negotiation the
following materials: Bargaining Zone, Reservation Price, BATNA, WATNA, Goals,
First Offer, and the specified bibliography (2 copies).
3/27
Class 20 – Assessment: Group 1*
4/1
Class 21 - Assessment: Group 2*
4/3
Class 22 – Assessment Group 3*
Section IV: Mediation
Date
Topic
Read
Due
4/8 Class 23 – Intro to Mediation I
Text: Ch. 5, 8
None
Video: Structure and Process
Note: See the “Text” section at the beginning of this syllabus for
more video options if you are interested.
H/O Exercise #12: FAIR WAGE
4/10
Class 24 – Mediate FAIR WAGE
H/O Exercise #13: COMPUTEC
None
None
4/15 Class 25- Mediate: COMPUTREC
H/O Exercise #14: ELSINORE
None
None
4/17
Class 26 – Mediate ELSINORE
H/O Exercise #15: PRISON
None
None
4/22
Class 27 – Mediate: PRISON
None
Bibliography:
Prison
4/24
Class 28 – Assessment Group 1*
NOTE: Each party (except the mediator) SHALL bring to the Assessment Group
mediation the following materials: Bargaining Zone, Reservation Price, BATNA,,
WATNA, Goal(s) and a First Offer (2 copies).
The mediator has authority to order any other pre-mediation submissions he or she
may desire, but he or she cannot order those.
4/29
Class 29 - Assessment: Group 2*
5/1
Class 30 - Assessment: Group 3*
5/6
Class 31 – Assessment de-briefing
* Groups TBA