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Lawrence SusskindRobert MnookinJames EmersonBen LongoriaBusiness and Commercial Dispute Negotiation Role-Play: Bankruptcy Multiparty Negotiation Simulation
This exercise is a six-party simulation of multiparty negotiations in a bankruptcy (reorganization) and mass torts context. The simulation represents a version of such negotiations which take place in the shadow of the Bankruptcy Code, with roles, interests and issues that have been stylized for educational purposes. In this exercise, a genetically-modified food producer has been sued by multiple consumers of its food products and is forced to file for bankruptcy protection in order to automatically stay (i.e., suspend) the flood of tort (i.e., personal injury) claims brought against the company, as well as those claims of the company’s secured and unsecured creditors.
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Lawrence SusskindDavid FairmanMichèle FerenzeBoyd FullerMultistakeholder Dialogue at the Global Scale
International Negotiation Journal8Multistakeholder Dialogues (MSDs) are being used as part of many international policy-making efforts. Official and unofficial representatives are being brought together to build relationships, set agendas for future official and unofficial dialogues, and even to generate packages of proposals or recommendations. The authors describe the key challenges that face prospective MSD designers, including: finding the right participants, managing with extremely limited financial resources, providing effective meeting facilitation, and integrating the work of MSDs into existing institutional activities and structures. While there are examples of successful MSDs that contribute to official policymaking, too many multistakeholder dialogues founder because the participants are inadequately prepared, the processes are managed ineffectively, and expectations are unrealistic.
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Lawrence SusskindMieke van der WansemArmand CiccarelliMediating Land Use Disputes in the United States: Pros and Cons
Environments: a Journal of Interdisciplinary Studies, Special Issue on Collaborative Planning and Sustainable Resource Management: The North American Experience31This report is one in a series of policy focus reports published by the Lincoln Institute of Land Policy to address timely public policy issues relating to land use, property taxation and the value of land. Each report is designed to bridge the gap between theory and practice by combining research, case studies and personal experiences from scholars in a variety of academic disciplines and from professional practitioners, local officials and citizens in different types of communities.
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Lawrence SusskindLouis CarterDavid UlrichMarshall GoldsmithWarner BurkeJim BoltWhat Do We Know about Training World Class Negotiators?
The Change Champion’s Field Guide: Strategies and Tools for Leading Change in Your OrganizationNearly a decade later, leading change pioneers in the field have realigned to bring you the second edition of the Change Champion's Fieldguide.
This thoroughly revised and updated edition of the Change Champion's Field Guide is filled with the information, tools, and strategies needed to implement a best practice change or leadership development initiative where everyone wins. In forty-five chapters, the guide's contributors, widely acknowledged as the "change champions" and leaders in the fields of organizational change and leadership development, explore the competencies and practices that define an effective change leader. Change Champions such as Harrison Owen, Edgar Schein, Marv Weisbord, Sandra Janoff, Mary Eggers, William Rothwell, Dave Ulrich, Marshall Goldsmith, Judith Katz, Peter Koestenbaum, Dick Axelrod, David Cooperrider, and scores of others provide their sage advice, practical applications, and examples of change methods that work. -
Lawrence SusskindAlexis GensbergBuilding Consensus: Dealing with Controversial Land Use Issues & Disputes
Planning Commissioners Journal -
Lawrence SusskindPatrick FieldDarshan BrachWilliam TillemanOvercoming the Barriers to Environmental Dispute Resolution in Canada
Canadian Bar Review81 -
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Lawrence SusskindHideaki ShiroyamaDavid LawsRoland ScholzTatsuro SuzukiOlaf WeberExpert views on sustainability and technology implementation
Natural and Social Science Interface (UNS)Twenty-one senior researchers were interviewed about their conception of sustainability and implementation in projects linked to the Alliance of Global Sustainability, a joint project of MIT (Boston), ETH (Zurich and Lausanne), UT (Tokyo), and Chalmers (Gothenburg). We identified five complementary views on sustainability: i) science is sustainable per se, ii) sustainability is an ethical relationship with the past and future, iii) sustainability is the maintenance of a system within functional limits, iv) eco-efficiency, and v) sustainability is a form of ongoing inquiry. In total, the concept of ethical relationship was the most dominant, whereas science per se and eco-efficiency were less used. Natural, engineering and social scientists referred differently to these concepts in their research projects. Most of the researchers regarded implementation as the process of interacting with stakeholder groups. The relationship between knowledge and action is considered central to views on implementation. Three different concepts and habits could be identified with respect to the relationship between knowledge and action: a) action, I act to change the world; b) interaction, I exchange information with my environment through my actions; and c) transaction or mutual learning, I change as a result of my effort to bring about change in the world.
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Lawrence SusskindRavi JainAndrew MartyniukBetter Environmental Policy Studies: How To Design And Conduct More Effective Analyses
Environmental policy studies commissioned by government agencies or other stakeholders can play a vital role in environmental decisionmaking; they provide much-needed insight into policy options and specific recommendations for action. But the results of even the most rigorous studies are frequently misappropriated or misunderstood and are as likely to confuse an issue as they are to clarify it.
Better Environmental Policy Studies explores this problem, as it considers the shortcomings of current approaches to policy studies and presents a pragmatic new approach to the subject. Reviewing five cases that are widely regarded as the most effective policy studies to have been conducted in the United States in the last few decades, the authors present a comprehensive guide to the concepts and methods required for conducting effective policy studies. The book:
- describes and explains the conventional approach to policy studies and its shortcoming
- presents the history, impacts, and common elements of five successful policy studies
- offers an in-depth look at the different tools and techniques of policy analysis
- extends the concepts and principles of successful policy studies to their potential uses in the international arena
Better Environmental Policy Studies presents a practical, battle-tested approach to overcoming the obstacles to formulating effective environmental policy. It is an invaluable resource for students and faculty in departments of environmental studies, public policy and administration, and planning, as well as for professional policy analysts and others involved with making decisions and mediating disputes over environmental issues.
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Lawrence SusskindDavid FairmanMichèle FerenzeStan ByersCross-Cultural Negotiation Role-Play: Foreign Direct Investment in Mandoa
A facilitated multi-party negotiation among government officials regarding the design of a foreign direct investment strategy that balances economic, societal, and environmental concerns
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Lawrence SusskindCould Florida Election Dispute Have Been Mediated? Yes: Mediation would have produced a much more legitimate outcome
Dispute Resolution Magazine8 -
Lawrence SusskindStuart S. NagelSuper-Optimization: A New Approach to National Environmental Policymaking
Handbook of Public Policy EvaluationHandbook of Public Policy Evaluation is the only book of its kind to present aspects of public policy evaluation that relate to economic, technology, social, political, international, and legal problems. Rather than looking at specific narrowly focused programs, this book emphasizes broad-based evaluation theory, study, and application, providing a rich variety of exceptional insights and ideas.
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Lawrence SusskindGreg MaceyThe Secondary Effects of Environmental Justice Litigation: The Case of West Dallas Coalition for Environmental Justice v. EPA
Virginia Environmental Law Journal20This case study seeks to explain why environmental justice organizations pursue legal remedies even when pursuit of legal claims continually fails to meet primary organizational objectives. We rely on analytic narrative, the modeling of processes that explain outcomes through the building of complex stories, for our explanation of this phenomenon. Specifically, this research traces the use of a litigation strategy used by the West Dallas Coalition for Environmental Justice, identifying “the actors, the decision points they faced, the choices they made, the paths taken and shunned, and the manner in which their choices generated events and outcomes.” Previous accounts of environmental justice litigation, focusing primarily on legal outcomes, have painted a sobering picture. In reference to the predominant legal strategy of the day, one commentator concluded that “[b]y 1998 no one had yet succeeded in bringing, and winning, a substantive Title VI environmental justice case in court.” Yet, litigation remains a strategy of choice for many environmental justice groups.
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Lawrence SusskindMarianella SclaviCreative Confrontation: The Right to Speak, The Right to Be Heard
Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting.
Breaking Robert's Rules clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's Rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "Handy Guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context.
Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. Bound to become a classic, Breaking Robert's Rules will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making.
Italian Language Second Edition
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Lawrence SusskindMichèle FerenzeGood Offices in a War-Weary World
An exploration of the role of "good offices" providers in long-standing, complex conflicts
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The Consensus Building InstitutePace University Land Use Law CenterConducting Conflict Assessments in the Land Use Context A Manual
Land use disputes are a special class of public dispute. Compared to other public disputes—such as social policy conflicts or budget battles—land use disputes bring more parties to the table with fewer pre-established understandings about how their disagreements ought to be resolved. Land use conflicts also require greater attention to scientific and technical considerations, involve longer-term (even intergenerational) impacts, and can, if mishandled, extinguish property rights that have existed for centuries or result in the destruction of irreplaceable ecological resources.
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Lawrence SusskindPaul LevyJennifer Thomas-LarmerNegotiating Environmental Agreements: How To Avoid Escalating Confrontation Needless Costs And Unnecessary Litigation
When business leaders, government officials, and other stakeholders come to the table in an environmental, health, or safety dispute, acrimony often results, leading to expensive and time-consuming litigation. Not only does this waste precious resources, but rarely does the process produce the best outcome for any of the parties involved.
For the past five years, the authors of this volume have conducted semi-annual seminars at the Massachussetts Institute of Technology and at Harvard to provide business leaders and regulators with the knowledge and skills they need to more effectively handle environmental, health, and safety negotiations. Their strategy, known as the "mutual gains approach," is a proven method of producing fairer, more efficient, more stable, and wiser results. Negotiating Environmental Agreements provides the first comprehensive introduction to this widely practiced and highly effective approach to environmental regulation.
The book begins with an overview of the mutual gains approach, introducing important concepts and ideas from negotiation theory as well as the theory and practice of mediation. The authors then offer five model negotiations from their MIT-Harvard Public Disputes seminar, followed by a series of real-world negotiated environmental agreements that illustrate the kinds of outcomes possible when the mutual gains approach is employed. A collection of writings by leading experts provide valuable insights into the process, and appendixes offer both instructions for conducting model negotiation sessions and analysis of actual game results from earlier seminars.
This is the only prescriptive text available for the many regulatees and regulators involved in environmental regulatory negotiations each year. Anyone involved with environmental negotiation — including corporate and public sector managers, students of environmental policy, environmental management, and business management — will find the book an essential resource.
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Lawrence SusskindRobert MnookinNegotiating on Behalf of Others: Advice to Lawyers, Business Executives, Sports Agents, Diplomats, Politicians, and Everybody Else
Negotiating onBehalf of Others explores current negotiation theory, providing a framework for understanding the complexity of negotiating for others.
Negotiation agents are broadly defined to include legislators, diplomats, salepersons, lawyers, committe chairs — in fact anyone who represents others in negotiation.
Leading figures in the field examine the following areas in depth: labour-management relations; international diplomacy; sports agents; legislative process; and agency law
The book concludes with suggestions for future research and specific advice for practitioners.
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Lawrence SusskindSarah McKearnenJennifer Thomas-LamarThe Consensus Building Handbook: A Comprehensive Guide to Reaching Agreement
This handbook on group decision-making for those wanting to operate in a consensus fashion stresses the advantages of informal, common sense approaches to working together. It describes how any group can put these approaches into practice, and relates numerous examples of situations in which such approaches have been applied.
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Lawrence SusskindPatrick FieldDealing with an Angry Public: The Mutual Gains Approach To Resolving Disputes
Dealing With an Angry Public: The Mutual Gains Approach to Resolving Disputes Some portion of the American public will react negatively to almost any new corporate initiative, as Disney discovered when it announced its plans to build an historical theme park in Virginia. Similarly, government efforts to change policy or shift budget priorities are invariably met with stiff resistance. In this enormously practical book, Lawrence Susskind and Patrick Field analyze scores of both private and public-sector cases, as well as crisis scenarios such as the Alaskan oil spill, the silicone breat implant controversy, and nuclear plant malfunction at Three Mile Island. They show how resistance to both public and private initiatives can be overcome by a mutual gains approach involving face-to-face negotiation, a strategy applied successfully by over fifteen hundred executives and officials who have attended Professor Susskind's MIT-Harvard "Angry Public" seminars. Susskind and Field outline the six key elements of this approach in order to help business and government leaders negotiate, rather than fight, with their critics. In the process, they show how to identify who the public is, whose concerns to address first, which people and organizations must be convinced of the legitimacy of action taken, and how to assess and respond to different types of anger effectively. Acknowledging the crucial role played by the media in shaping public perception and understanding, Susskind and Field suggest a way to develop media interaction which is consistent with the six mutual gains principles, and also discuss the type of leadership that corporate and government managers must provide in order to combine these ideas into a useful whole. We all need to be concerned about a society in which the public's concerns, fears and anger are not adequately addressed. When corporate and government agencies must spend crucial time and resources on rehashing and defending each decision they make, a frustrated and angry public contributes to the erosion of confidence in our basic institutions and undermines our competitiveness in the international marketplace. In this valuable book, Susskind and Field have produced a strong, clear framework which will help reduce these hidden costs for hundreds of executives, managers, elected and appointed officials, entrepreneurs, and the public relations, legal and other professionals who advise them.