Negotiation, Facilitation and Mediation:

Principles and Practices

19th October 2011



Ethics, Facts and Values in Negotiation, Facilitation and Mediation



Today's Reading

  1. Raiffa, H. 1982. "Prologue" and "Overview" (pp.1 - 9), "Ethical and Moral Issues" and "Epilogue," (pp. 344 - 360). The Art and Science of Negotiation. Cambridge: Harvard University Press.
  2. Menkel-Meadow, C. and Wheeler, M. 2003. What's Fair? Ethics for Negotiators. San Francisco: Jossey-Bass pp.i-xlix.
  3. Cormick, G.W. and Knaster, A. 1986. "Mediation and scientific issues: Oil and fishing industries negotiate," Environment.Vol.28. No. 10. 6-16.
  4. Kelman,S. 1982 "Cost-Benefit Analysis and Environmental, Safety, and Health Regulation: Ethical and Philosophical Considerations" in Cost-Benefit Analysis and Environmental Regulations: Politics, Ethics, and Methods. Edited by Swartzman, D., Liroff, R. A., and Croke, K. G. The Conservation Foundation.
  5. Liroff, R.A. 1982. "Overview" in Swartzman, D.,et al.above.


  1. Ethics exercises (see handout)
  2. Evaluation planning exercise (see handout)
  3. Any questions on Analytical Exercise 2?
  4. Arrangements for the Presentations in the final class of the term.
  5. Preparations for joint class on November 5th.

In the last two classes of the term three and two negotiation groups respectively will have an opportunity to make a 25 minute presentation on their case study negotiation, which would then be followed by 25 minutes of discussion of each case. We will take a 10 minute break between each case session. Please decide among yourselves the order in which you would like to proceed on the day. The remaining time in the last class will be used for assessing the class participation grade and feedback on the course including how it might be strengthened if it should be offered in future.


In preparing your presentation please keep in mind that others in the class do not know anything about your case and take advantage of PowerPoint, overheads or posters to support your presentation. The presentation should include consideration of the following questions:

You should also prepare an agenda for the 25 minutes of discussions that follow your presentation and decide how your group members will be involved in facilitating this.


Ethics Exercises

  1. The Alligator River Story
  2. The Car Scraper Story
  3. Are there any differences between ethics and morals?
  4. Why do ethical frameworks provide conflicting advice?
  5. Why be noble (cooperative) rather than selfish (uncooperative)?
  6. Guides to ethical decision-making (Raiffa)

7. Guides to fairness of negotiations (Menkel-Meadow p. xxx)

If you are interested in learning more about ethical decision making I strongly recommend taking a look at Michael Sandel's course at Harvard on Justice, the whole course in video with readings and exercises is online. He makes a difficult subject highly accessible in a most stimulating and entertaining way.

Evaluation Planning Exercise

The multistakeholder round table considering development options for the Northern BC Valley has now asked Values Inc to prepare a report on the analytical techniques and processes for evaluation that it would recommend should be used in assessing the options. It is recognized that Values Inc. might subsequently be asked to work with the round table in doing the evaluation.

You are now in the roles of the highly experienced and well-regarded members of the international consulting firm Values Inc. You have decided to meet for a morning to begin developing ideas for an initial report to the round table in two steps:

This simulation will be done in role as the designated members of Values Inc.

In the first step, for 40 minutes, each of the five teams is asked to approach the task of identifying techniques and processes for evaluation from the viewpoint of one of the five major stakeholder groups concerned with the future of the valley. Each team will then have five minutes (and 1 sheet of flip chart paper) to summarize their recommendations to the whole company. This will be followed by plenary discussion.

To facilitate this exercise, when you are role playing as a member of Values Inc you may assume that the general knowledge and perspective that you have developed from your role playing in the Valley Simulation has been obtained from your previous consulting work with the participant groups of stakeholders concerned with the Valley and on similar types of projects elsewhere.

The teams are as follows and each should select its own facilitator, notetaker and spokesperson:


The Provincial Government

Lauren, Ruth, Jason, Andrew

Power Inc.

Thomas, Daniel, Maureen, Devon

The Raven First Nation

Erica, Debra, Polly

The Environmental Coalition

Tessie, Mariona, Jennifer R., Rosa

The Community

Katherine, Maysa, Jennifer P., Fernanda