The Deceptive Simplicity of Teaching Negotiation: Reflections on Thirty Years of the Negotiation Workshop

Abstract

What is required for effective teaching depends on the goal of the effort, and our criteria for success should be much more demanding than positive ratings from participants. If the goal is to improve participants' effectiveness as negotiators, we need a proven theory and associated skills. In the absence of robust confirming empirical data, which is still mostly lacking, we can take some confidence from qualitative evaluations. But whether or not we have a proven theory, the pedagogical task is complex and challenging, calling for a variety of sophisticated techniques deployed by a skilled instructor committed to joint learning. This article tells the story of some of the instructors' pedagogical learnings in thirty years of teaching the pioneering Negotiation Workshop at Harvard Law School, many of which now have empirical support. It also suggests some areas and tools for more experimentation in future advanced courses.

Fostering Student Engagement in Negotiation Role Plays

“…And if the pedagogical goals for the exercise include having participants sort through data to determine what is important, then having access to a richer set of information would be important. In general, we agree with Bruce Patton () that a good role‐play exercise should thoroughly explain the parties' interests, as well as provide ample information concerning their options. In particular, clear information about the best alternative to a negotiated agreement is crucial for participants to be able to evaluate whether it is in their interest to conclude an agreement.…”

“…As Patton () has pointed out, feedback has always been a key part of simulated negotiation. Moreover, vested interest theory suggests that how quickly participants receive feedback after a role play may also affect their engagement in the exercise.…”

“…Leaving students to take unmanaged “trial and error” approaches to their behavior in role plays may not be an effective way of fostering self‐efficacy. We believe a good alternative strategy is to focus on specific skills and to design role plays that allow participants to practice these skills (Patton ). In particular, we believe that negotiation instructors and trainers should include ample amounts of “how to” recommendation in their courses and challenge participants to try out these strategies in the role plays.…”

The Long‐Term Impact of Negotiation Training and Teaching Implications

“…How do they react? Patton () also raised the question of what happens with the prescriptive framework when it is confronted with real situations.…”

Cognitive Maelstroms, Nested Negotiation Networks, and Cascading Decision Effects: Modeling and Teaching Negotiation Complexity with Systemic Multiconstituency Exercises

“… For example, Bruce Patton suggested that a good exercise should “provide a thorough explanation of a party's interests and the back story behind them, an appropriately rich context for examining the legitimacy of possible options …, and clear information about their best alternative to a negotiated agreement (BATNA) and its value.” He also advised not to tell participants “how to be or act,” and recommended focusing instead on “telling a compelling story likely to make certain perceptions or approaches seem appropriate.” This can be done, for example, by using exercise materials to show, or at least to imply, points of tension or conflict between the parties. Patton also cautioned: “Creating such an exercise takes quite a bit of work!” (Patton : 485).…”