Gsd 5480: Negotiation and Conflict Resolution in Urban Planning and Design Fall 2006 Faculty



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Harvard Design School

Department of Urban Planning and Design


GSD 5480:

Negotiation and Conflict Resolution in Urban Planning and Design

Fall 2006


Faculty:

James G. Kostaras, AIA, AICP


Schedule:

F 11:00 AM - 2:00 PM The Gropius Room, Gund Hall


Course objectives:

This course introduces students to the practice of negotiation and mediation in the context of urban planning and development. Learning from general theories of negotiation and conflict resolution, students will consider the role of urban designers, planners, architects and real estate development professionals as mediators and consensus-builders who must reconcile conflicting visions about how the city should be designed and developed.


The ability to negotiate solutions and mediate conflicts over land use and urban development policy in an increasingly contentious environment is becoming a critical aspect of the practice of urban planning and design. In order to implement controversial development projects, urban plans and design proposals, planners and design professionals must be adept at negotiating consensus and agreement among many competing stakeholders. The ability to build consensus and mediate competing interests depends on a mastery of negotiation skills and an understanding of negotiation theory in order to realize urban development proposals.
The major objectives of the course are to:

  • learn basic negotiation skills;

  • develop ability, using these skills, to mediate and resolve conflict over land use, development policy and critical decisions about urban planning and design; and

  • explore the design process as a medium through which to reconcile conflict.

Active class participation is essential; the course will be highly interactive involving a practical "hands-on" application of theory and learned skills in simulations and group exercises.


In-class simulated negotiation exercises are a central part of the course. Students will participate in a simulated negotiation exercise during most classes. These exercises, which are structured to isolate and emphasize specific analytic points and essential skills, will progressively build in complexity and difficulty. In addition to simulated negotiation exercises, the teaching format will incorporate case studies, readings and team projects.
The course will be organized as follows:

Part One: Negotiation

Students will learn basic negotiation and mediation skills and fundamentals of negotiation analysis through simulated negotiation exercises involving "conflicts" over land use, urban design and development decisions which lend themselves to resolution through the design process. Part One builds cumulatively from simple two-party, single-issue negotiations to those of greater complexity involving multi-party, multi-issue cases.


Part Two: Conflict Resolution

In the second half of the semester, they will apply these learned skills to complex, multi-party negotiations and conflicts concerning land use planning, major urban design initiatives and controversial real estate development projects in the second half of the semester. Students will also explore the use of the consensus building process, mediation and participatory planning as a form of "public negotiation".


The final exercise will involve an experiment of sorts in collaboration with the Center for Design Informatics: students will explore the use of a web-portal and on-line platform as a tool of mediation.
Course requirements

This course will meet once weekly for three hours each class.

Course requirements and determination of grades are as follows:
Team project I: case study preparation 40 %

Team project II: negotiation analysis exercise 40 %

Graded performance in a simulated negotiation 10 %

Individual class participation 10 %


A penalty for late submissions of class assignments will be reflected in the grading of each assignment.
Students are asked to complete brief reading assignments including articles and book excerpts for each class. In some cases, students will also be expected to prepare in advance for the in-class simulated negotiation exercises.

The following required texts will be available at the Harvard COOP and most bookstores:


Fisher, R. and Ury, W. with Patton, B. (1991).

Getting to Yes; Negotiating agreement without giving in (2nd ed.)

New York: Penguin

Susskind, L. and Cruikshank, J. (1987).

Breaking the impasse: Consensual approaches to resolving public disputes.

New York: Basic Books.


Christopher W. Moore (1996)

The Mediation Process: Practical Strategies for Resolving Conflict.

San Fransisco: Jossey-Bass Publishers.


The required readings for the classes later in the semester, and the recommended background readings for the entire course are available on reserve at the Harvard Design School library in Gund Hall.
Simulated negotiation cases from the Program in Negotiation at Harvard Law School will be handed out in class; each student will be term billed for the cost of these cases.

Class project: case study in conflict resolution in urban planning and design

The course will culminate in a class project that involves a series of complex negotiation / mediation sessions involving actual cases. This will be an interactive class exercise carried out during the last half of the semester involving full participation of all students. In contrast to the previous simulated exercises, this project should provide students with the opportunity to test their skills as mediators in the context of an actual case.


Preparation for this five-week exercise will begin early in the semester; instructions will be handed out on October 6.
Students will be organized into four 3-5-person teams at the October 13 class. Teams are expected to be self-managing in terms of responsibilities and workload. For each class during a two-week period, each team will take responsibility for one of four components to this interactive exercise as follows:

Team 1 Presenters

Team members present their selected case study and take responsibility for "scripting" a simulated, multi-party negotiation for the class exercise based on the Team's case study. This is the basis for the course assignment, Team Project I: case study preparation described below.


Team 2 Mediators

Team members play the role of a team of mediators in the negotiation simulation, developing and applying a team strategy. This analysis will be the basis for the submission of the second course assignment, Team Project II: mediation strategy exercise described below.


Team 3 "Role players"

Team members play assigned "roles" (on an individual basis) in the simulation, representing the range of interests and stakeholders in this simulated multi-party dispute, which Team 2 is mediating. "Role players" must be prepared to present maps, plans or other graphics that best represent their interests and vision of a desired outcome.


Team 1 Analysts / Observers

Team members will analyze and critique the mediating team's (Team 2) performance and choice of strategy. This analysis will be the basis for the submission of the third course assignment, Team Project II: negotiation analysis exercise described below.


Team responsibilities will rotate for each class according to a schedule that will be handed out on October 20.

Team project I: case study preparation

This assignment is the first of three team projects required for the course; both team projects are integral to the preparation of the class mediation project at the end of the semester.


During the fourth week of the course, students will be assigned to a 3-5-person team. Each team will be responsible for creating a multi-party, simulated negotiation exercise. Teams will "script" this "role play" simulation to be tested by other teams in the class during the last half of the semester as part of the class mediation project. The simulated negotiation will be based on an actual urban development project--or case study-- in which competing interests were in sharp conflict. Each team will select these case studies; a list of recommended case studies will be distributed in class. The selected case study should be a project or urban planning and design initiative that was (or is expected to be) realized in a form that represents a reconciliation of conflicting visions and interests. Or conversely, the case study can be a proposed project that was never realized due to inherent conflicts and which might have benefited and come to fruition with the assistance of a mediator. Examples of case studies from previous classes will be on reserve at the Harvard Design School library in Gund Hall.
Each team project must include the following:

1. A case study that provides an overview of the selected project clearly identifying the inherent conflict and range of competing interests and parties, complete with relevant graphics. (5 - 10 pages).


2. A draft of a simulated negotiation exercise and "script" based on some aspect of the case study complete with a 1-3 page overview--or set of general instructions--for all participants in the exercise and confidential instructions for each "role"or party. The scripted exercise must include a large map or plan suitable for use by participants in the "role play" exercise.
3. A "teaching note" supplementing the simulation that identifies key learning objectives, debriefing questions and instructions for facilitating the exercise. Based on these pedagogical objectives, students will write the confidential instructions (cited above) for each party to the negotiation. The "teaching note" should identify important analytical lessons about particular aspects of this negotiation focusing, for example, on: perceptions of parties, the effectiveness of each party's "best alternative to a negotiated agreement", coalition-building, miscommunication or conflict escalation (3-5 pages).


  1. Preparation of a 10-minute powerpoint presentation t--essentially an oral presentation of the written case study that serves as an overview for the entire class. Each team will make this presentation to the class as an introduction to the simulated exercise in which other assigned teams will participate.

This assignment will count for 40 % of the course grade. The team case study, simulated negotiation exercise and teaching notes are due in class on October 27.



Team project II: negotiation analysis exercise

During one of the four class mediation project sessions, each team will analyze and critique the negotiator’s and mediators' performance and choice of strategy. Each team will be asked to submit a memo (3 - 5 pages) that analyzes the goals, interests, alternatives and options of key stakeholders to the negotiation. The memo should also recommend--or at least consider the viability of-- alternative mediation strategies. In addition, each team will make a powerpoint presentation of their respective negotiation analysis to the class—not to exceed 15 minutes.


Each team's memo will be due at the UPD office, 3rd floor; Gund Hall at 4:00 PM, two weeks after the mediation that they are assigned to analyze has taken place.
Instructor's office hours
Jim Kostaras will be available to discuss any aspect of the course during the semester. Students should call to make an appointment.
James G. Kostaras, AIA, AICP

Executive Director

Mayor's Office of Strategic Planning and Community Development, City Hall

93 Highland Avenue

Somerville, MA 02143

617-625-6600, Ext. 2510

jkostaras@ci.somerville.ma.us

Harvard Design School

Department of Urban Planning and Design
GSD 5480:

Negotiation and Conflict Resolution in Urban Planning and Design

Fall 2006


Class Schedule

with the reading list and class assignments

This Reading List outlines required and background readings for each class.

The following required texts are available at the Harvard COOP and most bookstores:
Fisher, R. and Ury, W. with Patton, B. (1991).

Getting to Yes; Negotiating agreement without giving in (2nd ed.)

New York: Penguin


Susskind, L. and Cruikshank, J. (1987).

Breaking the impasse: Consensual approaches to resolving public disputes.

New York: Basic Books.


Christopher W. Moore (1996)

The Mediation Process: Practical Strategies for Resolving Conflict.

San Fransisco: Jossey-Bass Publishers.


Recommended background readings are available on reserve at the Harvard Design School library in Gund Hall. These are not required for class. Examples of case studies for the Mediation Project from previous classes will also be on reserve at the library.
Part I Negotiation
September 22

Introduction to negotiation analysis

Negotiation exercise:



"Win-as-much-as-you-can"
Strategies and tactics for distributive bargaining

Negotiation exercise:



Parker Gibson--a simple real estate case
Required reading:

none



September 29

Strategies for claiming value
Negotiation exercise:

Bradford Development: negotiating a linkage agreement
Required reading:
Fisher, R. and Ury, W. with Patton, B. (1991).

Getting to Yes; Negotiating agreement without giving in (2nd ed.)

New York: Penguin

Chapter 6, "What if they are more powerful? (develop your BATNA--best alternative to a negotiated agreement)", pp. 97-106

Background reading:


Lax, D. and Sebenius, J. (1986)

The Manager as Negotiator: Bargaining for cooperation and competitive gain, New York: Free Press

Chapter 2, "The Negotiator's Dilemma: Creating and Claiming Value"


Chapter 3, "Alternatives to Agreement: The Limits of Negotiation"
Chapter 6, "Claiming Value"
Thomas Schelling (1960; 1980)

The Strategy of Conflict

Cambridge: Harvard University Press.

"An Essay on Bargaining", pp. 21-52

October 6

Creating value: interest-based negotiation and integrative bargaining
Negotiation exercise:

Negotiated Development in Redstone
Required reading:
Fisher, R. and Ury, W. with Patton, B. (1991).

Getting to Yes; Negotiating agreement without giving in (2nd ed.)

New York: Penguin

Chapter 1, " Don't Bargain over Positions", pp. 1-14
Chapter 3, "Focus on Interests, Not Positions", pp.40-55
Chapter 4, "Invent Options for Mutual Gain", pp.56-80
Chapter 5, "Insist on Using Objective Criteria", pp. 81-94
Background reading:
Lax, D. and Sebenius, J. (1986)

The Manager as Negotiator: Bargaining for cooperation and competitive gain, New York: Free Press

Chapter 4, "Interests: The Measure of Negotiation"

Chapter 5, "Creating Value, or Where Do Joint Gains Really Come From?"
October 13

Managing complex negotiations
Negotiation exercise:

Harborco

(graded negotiation exercise)

Required reading:
Susskind, L. and Cruikshank, J. (1987).

Breaking the impasse: Consensual approaches to resolving public disputes.

New York: Basic Books.

Chapter 4, "Unassisted Negotiation", pp. 80-135

Background reading:


James K. Sebenius, "Sequencing to Build Coalitions: With Whom Should I talk first?"

Wise Choices: Decisions, Games and Negotiations, Richard Zeckhauser, et al, Harvard Business School Press, 1996, pp. 324-348

Part II Conflict Resolution
October 20

Forms of assisted negotiation: mediation
Negotiation exercise:

Manchester: conflict over land use and development

Required reading:


Susskind, L. and Cruikshank, J. (1987).

Breaking the impasse: Consensual approaches to resolving public disputes.

New York: Basic Books.


Chapter 1, "Introduction", pp.3-15
Chapter 2, "Theory and Practice of Dispute Resolution", pp. 16-34
Chapter 5, "Mediation and Other Forms of Assisted Negotiation", pp. 136-185

Background reading:

Lax, D. and Sebenius, J. (1986)

The Manager as Negotiator: Bargaining for cooperation and competitive gain, New York: Free Press

Chapter 10, "The Approach as a Whole and So-Called Power in Bargaining"



October 27

Power and personality in the context of conflict and negotiation

Class discussion


Exercise: Thomas-Kilman Conflict Mode Instrument personality test
Class presentation:

Teams present case studies in preparation for the class project and assign roles (Team Project I)

Required reading: none



November 3

Resolution of conflicting visions about urban design and planning:

Selecting strategies
Class presentation and discussion

Teams present analysis and critique of mediation sessions (Team Project II)
Required reading:
Christopher W. Moore (1996)

The Mediation Process: Practical Strategies for Resolving Conflict.

San Fransisco: Jossey-Bass Publishers.


Chapter 2, "How Mediation works" pp. 41-77
Chapter 4, "Selecting a Strategy to Guide Mediation"

of the Disputing Parties"

pp. 98-113

November 10

Resolution of conflicting visions about urban design and planning:

Analyzing interests
Class presentation and discussion

Teams present analysis and critique of mediation sessions (Team Project II)
Required reading:
Chapter 10 "Uncovering Hidden Interests of the Disputing Parties"

pp. 231-243


Christopher W. Moore (1996)

The Mediation Process: Practical Strategies for Resolving Conflict.

San Fransisco: Jossey-Bass Publishers.

Chapter 11, "Generating Options for Settlement"

pp. 244-266


Chapter 12, " Assessing options for settlement "

pp. 269-279


Chapter 14, "Achieving Formal Agreement for Settlement"

pp. 301-317



November 17

Resolution of conflicting visions about urban design and planning:

Generating options
Class presentation and discussion

Teams present analysis and critique of mediation sessions (Team Project II)
Required reading:
Christopher W. Moore (1996)

The Mediation Process: Practical Strategies for Resolving Conflict.

San Fransisco: Jossey-Bass Publishers.

Chapter 11, "Generating Options for Settlement"

pp. 244-266



November 24

No Class


Thanksgiving Recess

December 1

The role of urban designers and planners in a complex public negotiation
Negotiation exercise:

A master plan for the Massachusetts Turnpike Air Rights in Boston
Required reading:
Christopher W. Moore (1996)

The Mediation Process: Practical Strategies for Resolving Conflict.

San Fransisco: Jossey-Bass Publishers.

Chapter 12, " Assessing options for settlement "

pp. 269-279




December 8

The role of urban designers and planners in a complex public negotiation
Negotiation exercise (continued from December 1):

A master plan for the Massachusetts Turnpike Air Rights in Boston

Required reading:


Christopher W. Moore (1996)

The Mediation Process: Practical Strategies for Resolving Conflict.

San Fransisco: Jossey-Bass Publishers.

Chapter 14, "Achieving Formal Agreement for Settlement"

pp. 301-317


December 15

Urban designers and planners as consensus builders: a critique
Required reading:
Judith E. Innes

"Planning through Consensus Building: A New View of the Comprehensive Planning Ideal"



Journal of the American Planning Association

Vol. 62: pp. 460-472 autumn 1996


J. Costonis, "Tinker to Evers to Chance: Community Groups as the Third Player in the Development Game", pp.155-166

in Lasar, T., ed., (1990)



City Deal Making

Washington, D.C.: ULI--the Urban Land Institute


Alex Krieger

"The Planner as Urban Designer: Reforming Planning Education in the New Millennium"

pp. 207-209

in Rodwin, L. and Sanyal, B., eds. (2000)



The Profession of City Planning: Changes, Images and Challenges: 1950-2000

New Brunswick, New Jersey--Center of Urban Policy Research, Rutgers, the State University of New Jersey

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