B P I S: IG Ipeline N Wagwit

PROGRAM ON NEGOTIATION AT HARVARD LAW SCHOOL
AN INTER-UNIVERSITY CONSORTIUM TO IMPROVE THE THEORY AND PRACTICE OF CONFLICT RESOLUTION
BIG PIPELINE IN SWAGWIT
TEACHER’S PACKAGE
OVERHEADS
Role Play Schedule
15 minutes Introduction and Instructions

* Objective of the Big Pipeline Role Play
* Scenario and role description
* Instructions for reading the score sheets
* Description of same-role preparation
* Questions
30 minutes Preparation
* Players read instructions by themselves
* Players record their aspirations (the number of points
you hope to get)
* Players meet in same-role groups
* Trainers available to answer questions
30 minutes Play
* Marchaud and Briggs meet to negotiate (Do not share score
sheets)
* When finished, write down agreement and bring it to the
trainers
30 minutes Debriefing
* Review of outcomes: who got what?
* Discussion
This game was written by Kelly Davenport under the supervision of Pat Field and Lawrence Susskind of the Consensus Building
Institute on behalf of the Canadian First Nations, the Indian Taxation Advisory Board (ITAB), and the Canadian Energy Pipeline
Association (CEPA). Copies are available online at www.pon.org, Telephone: 800-258-4406 (within U.S.) or 781-239-1111 (outside
U.S.); or by Fax: 617-495-7818. This case may not be reproduced, revised, or translated in whole or in part by any means without the
written permission of the Director of Curriculum Development, Program on Negotiation, Harvard Law School, 518 Pound Hall,
Cambridge, MA 02138. Please help to preserve the usefulness of this case by keeping it confidential. Copyright © 1998, 1999, 2009,
2010 by the Consensus Building Institute, Canadian First Nations, the Indian Taxation Advisory Board (ITAB), and the Canadian
Energy Pipeline Association (CEPA). All rights reserved. (Rev. 1/10)
BIG PIPELINE IN SWAGWIT: Overheads: Schedule
Score Sheets
Pair # _________
Outcome (circle one): No Agreement Agreement
If agreement, on what terms?
Total number of jobs: ________________

Number of non-Band jobs: ________________
Point score for Marchaud (the Band) : __________ points
Point score for Briggs (Big Trench) : __________ points
Copyright © 1998, 1999, 2009, 2010 by the Consensus Building Institute, Canadian First Nations, the Indian Taxation Advisory 2
Board (ITAB), and the Canadian Energy Pipeline Association (CEPA). All rights reserved. (Rev. 1/10)
Pair Score Sheets
Total # of # of Jobs Score for Score for

Jobs to Non- Marchaud Briggs
Band (Band) (Big
Members Trench)
Pair # 1
Pair # 2
Pair # 3
Pair # 4
Pair # 5
Pair # 6
Pair # 7
Pair # 8
Pair # 9
Pair # 10
Pair # 11
Pair # 12
Summary of Major Lessons
1. It is possible to negotiate agreements that create gains for you

and for the other side -- you can both beat your BATNA.
2. To create joint gains, use the Mutual Gains Approach:
* Know your own BATNA and interests

* Set your aspirations
* Communicate your interests, and probe for their interests
* Trade across issues you value differently
* Use standards you can both accept to help you choose
among options and packages
3. Manage the opportunities and dangers involved in setting

aspirations
* Set your aspirations high

* Be responsive to new information; don’t be rigid
* When you do adjust your aspirations, be careful not to
leave value unclaimed
* Help your negotiating partner to do the same
4. Negotiate as if relationships matter
55
50
BRIGGS’
POINTS 45
40
35
30
45 53 61 68 78 86 94
MARCHAUD’S POINTS
This game was written by Kelly Davenport under the supervision of Pat Field and Lawrence Susskind of the Consensus Building Institute on behalf of the Canadian First Nations, the Indian Taxation
Advisory Board (ITAB), and the Canadian Energy Pipeline Association (CEPA). Copies are available online at www.pon.org, Telephone: 800-258-4406 (within U.S.) or 781-239-1111 (outside U.S.); or
by Fax: 617-495-7818. This case may not be reproduced, revised, or translated in whole or in part by any means without the written permission of the Director of Curriculum Development, Program on
Negotiation, Harvard Law School, 518 Pound Hall, Cambridge, MA 02138. Please help to preserve the usefulness of this case by keeping it confidential. Copyright © 1998, 1999, 2009, 2010 by the
Consensus Building Institute, Canadian First Nations, the Indian Taxation Advisory Board (ITAB), and the Canadian Energy Pipeline Association (CEPA). All rights reserved. (Rev. 1/10)
General Instructions
Big Trench, a construction company, is building a major spur off of Big Pipeline, Inc.’s
existing pipeline. This new spur will supply the fast-growing populations of the south
coastal area of the province. Unfortunately, things have not been easy for Big Pipeline.
Twenty years ago, a similar construction project in the region left hard feelings with
many local landowners. They felt that Big Pipeline ignored their concerns. Even after 20
years, local towns, landowners, and First Nations are wary of Big Pipeline and its new
project. But because of the importance of First Nation lands to major new pipeline
construction, Big Pipeline has sought to improve community and First Nation relations.
Now, almost all of the issues related to the construction have been resolved by Big
Pipeline and the First Nation most affected by the construction, the Mountain Home
Band. Big Pipeline has made significant strides in acting responsibly. It has agreed to:
• reroute the pipeline where its path interfered with sites of cultural significance to the
Band;
• work with the Band to reseed the right of way with native grasses to help prevent
Review Copy
noxious and invasive weeds;
• contract with a fledging Mountain Home heavy equipment business for as much of the
work as it can handle;
Do Not Reproduce
But one big issue is left. As far as day laborers go, Big Pipeline has said to both the
Mountain Home Band and to Big Trench: it’s up to the both of you to decide:
• the total number of day laborers to be used on the job; and,
• the number of those day laborers that Big Trench will reserve for its own subcontractors
(non-Band members).
Big Pipeline has said that its only requirement is that Big Trench employ a “majority” of
Band members for the day labor jobs.
BIG PIPELINE IN SWAGWIT: General Instructions
D. Marchaud is the negotiator for the Band. J. Briggs is the negotiator and project
manager for Big Trench Construction Company. Marchaud and Briggs have never met
face to face, although they have spoken on the phone a few times.
Marchaud will be running for chief next year when the current chief retires. With
unemployment high in the area, jobs are extremely important to the Band, and to
Marchaud’s election prospects. This is Briggs’ first big project as lead project manager,
and rumor has it Briggs is ambitious and eager to prove capable of being in charge.
Rumor also has it that Big Trench underbid the project, and thus, Briggs is supposedly
doing all that can be done to minimize costs.
This will be a short but important negotiation for both sides. Tensions are high. The
word is that Big Trench wants to reserve all of the laborer jobs for its favorite
subcontractor. In contrast, Big Trench has heard that Marchaud intends to demand that
all workers be Band members or else. If Marchaud and Briggs do not reach agreement,
Big Pipeline managers have indicated that they will be very disappointed, and will step in
to solve the problem unilaterally.
Review Copy
Do Not Reproduce
Confidential Instructions for J. Briggs, Contractor/Project Manager for Big Trench

Construction Company
You are project manager for Big Trench Construction Company. This is your first big
job as project manager and you are eager to prove yourself. For this project, you have
been instructed by Big Pipeline Company to secure “a majority” of jobs on the pipeline
construction for Mountain Home Band members.
You are not particularly happy about this requirement. You have long-standing
relationships with subcontractors who typically provide day laborers. When you provide
your subcontractors frequent and ongoing work, they provide you more attractive hourly
wages. In addition, when a subcontractor knows he’ll be working for you again, he
makes his workers do a better job.
Nonetheless, you know First Nation relations are important to Big Pipeline. Thus, you
want to bring this negotiation to a successful conclusion. However, you are worried
about the quality of Band labor work. Mountain Band laborers won’t have the skill that
experienced subcontractors have in laying pipe. To make matters worse, your
subcontractors will be angry at you for not providing them work. Worst of all, you’ve
Review Copy
heard rumors that Marchaud (the negotiator for the Mountain Home Band) wants to
secure 100% of the work just for the Band. That’s simply unacceptable. One of the
biggest problems is that Big Trench underbid this project. Margins are very tight and you
are being pressured by your management to keep costs down.
Do Not Reproduce
Your first priority is to hire as many outside subcontractors as possible. The more jobs
you secure for your subcontractors, the more you will keep them satisfied. Your second
priority is to keep the total number of laborers as low as possible. You simply cannot be
throwing people at the work. That’s too costly and poses too many management
headaches. You are willing to allow more total laborers to a point, but only if you
substantially increase the number of outside jobs you can offer to your subcontractors.
BIG PIPELINE IN SWAGWIT: Confidential Instructions for J. Briggs
To help you negotiate with Marchaud, you and your boss have developed a scoring
system and a minimum acceptable score for Big Trench:
• For each job you secure for an outside subcontractor add five (5) points to your score.
• For each number of total jobs above 50, subtract three (3) points from your score.
You do not have to do these calculations — they have been done for you on the attached
chart.
Remember, the higher your score, the better you’ll do in the eyes of your company. Your
combined total number of laborers and total number of non-Band laborers must get you a
score of at least 30 points.
You cannot accept an agreement worth fewer than 30 points. Anything fewer than 30
points will mean the project is in the red — you’ll be losing money. You simply cannot
afford that. Furthermore, you cannot agree to a total number of day laborers over
80. You can neither afford, nor manage, more than 80 day laborers on this job.
Review Copy
Do Not Reproduce
BIG PIPELINE IN SWAGWIT: Confidential Instructions for J. Briggs
Total Number of Jobs
50 55 60 65 70 75 80
5 25 10 -5 -20 -35 -50 -65
6 30 15 0 -15 -30 -45 -60
7 35 20 5 -10 -25 -40 -55
8 40 25 10 -5 -20 -35 -50
9 45 30 15 0 -15 -30 -45
10 50 35 20 5 -10 -25 -40
11 55 40 25 10 -5 -20 -35
12 60 45 30 15 0 -15 -30
13 65 50 35 20 5 -10 -25
14 70 55 40 25 10 -5 -20
15 75 60 45 30 15 0 -15
Total Number of Subcontractor (Non-Band) Jobs
16 80 65 50 35 20 5 -10
17 85 70 55 40 25 10 -5
18 90 75 60 45 30 15 0
19 95 80 65 50 35 20 5
20 100 85 70 55 40 25 10
21 105 90 75 60 45 30 15
22 110 95 80 65 50 35 20
23 115 100 85 70 55 40 25
24 120 105 90 75 60 45 30
25 125 110 95 80 65 50 35
26 130 115 100 85 70 55 40
Review Copy 27
28
29
135
140
145
120
125
130
105
110
115
90
95
100
75
80
85
60
65
70
45
50
55
Do Not Reproduce 30
31
32
33
150
155
160
165
135
140
145
150
120
125
130
135
105
110
115
120
90
95
100
105
75
80
85
90
60
65
70
75
34 170 155 140 125 110 95 80
35 175 160 145 130 115 100 85
36 180 165 150 135 120 105 90
37 185 170 155 140 125 110 95
38 190 175 160 145 130 115 100
39 195 180 165 150 135 120 105
40 200 185 170 155 140 125 110
Note: Agreements in shaded areas are unacceptable.
Review Copy
Do Not Reproduce
Confidential Instructions for D. Marchaud, Band Council Member for the

Mountain Home Band
You have been appointed as the lead negotiator for dealing with the upcoming pipeline
construction project on the Reserve. The Band chief is retiring next year and has put his
faith and confidence in you. Furthermore, he knows (and you know) that if this goes
well, it will help in your campaign for chief next year.
You have already finalized negotiations with Big Pipeline Company, and you are quite
satisfied with how they went. In particular, Big Pipeline promised a majority of jobs to
Band members. However, Big Pipeline negotiators said that the actual numbers would
have to be negotiated directly with their general contractor, Big Trench Construction
Company.
You are not particularly happy about this. You would have preferred to deal with Big
Pipeline instead. It seems Big Trench is only hiring Band members because it has to.
Your first priority is to get as many total jobs as possible. This has symbolic value for
the Band because so many members have been out of work. The local timber company
Review Copy
shut down operations a year ago due to environmental concerns. The entire province has
been in a terrible recession for more than two years. The more jobs you get in total, the
better for the Band and for your election prospects.
Do Not Reproduce
Your second priority is to agree to as few outside subcontractor laborers as possible.
The more outsiders working on the project, the more annoyed Band members will
become. It’s an important symbolic issue. If you put more Band members to work, folks
will feel like the Band is getting what it justly deserves. But if more outside workers are
used, folks will say that nothing has changed for the better.
You have set a limit for yourself (for political and principled reasons) for the total
percentage of outside workers you’ll accept. Of the total number of workers hired, no
more than one-third (1/3 or 33%) can be outsiders, in your view. (You may want to
keep this rule just to yourself, but it’s up to you.) You are willing to allow more outside
laborers, but only if you keep to your one-third rule and substantially increase the total
number of jobs.
BIG PIPELINE IN SWAGWIT: Confidential Instructions for D. Marchaud
After much analysis, you and the chief have developed a scoring system to evaluate
potential agreements.
• For each number of jobs above 50, add five (5) points to your score.
• For each job given away to outside subcontractors above five outside workers, subtract
three (3) points from your score.
You do not have to do these calculations — they have been done for you on the attached
chart.
Remember, the higher the score you achieve, the better off you’ll be. Your combined
total number of outside (non-Band) laborers and total number of Band laborers must get
you a score of at least 45 points. The chief has said that’s the bottom line, no matter
what. In addition, as a matter of strong principle and good political sense, you cannot
accept an agreement that gives outside workers more than one-third of the total
jobs.
Review Copy
Do Not Reproduce
Copyright © 1998, 1999, 2009. 2010 by the Consensus Building Institute, Canadian First Nations, the Indian Taxation Advisory 2
BIG PIPELINE IN SWAGWIT: Confidential Instructions for D. Marchaud
Total Number of Jobs
50 55 60 65 70 75 80 85 90 95 100
5 0 25 50 75 100 125 150 175 200 225 250
6 -3 22 47 72 97 122 147 172 197 222 247
7 -6 19 44 69 94 119 144 169 194 219 244
8 -9 16 41 66 91 116 141 166 191 216 241
9 -12 13 38 63 88 113 138 163 188 213 238
10 -15 10 35 60 85 110 135 160 185 210 235
11 -18 7 32 57 82 107 132 157 182 207 232
Total Number of Subcontractor (Non-Band) Jobs
12 -21 4 29 54 79 104 129 154 179 204 229

13 -24 1 26 51 76 101 126 151 176 201 226
14 -27 -2 23 48 73 98 123 148 173 198 223
15 -30 -5 20 45 70 95 120 145 170 195 220
16 -33 -8 17 42 67 92 117 142 167 192 217
17 -36 -11 14 39 64 89 114 139 164 189 214
18 -39 -14 11 36 61 86 111 136 161 186 211
19 -42 -17 8 33 58 83 108 133 158 183 208
20 -45 -20 5 30 55 80 105 130 155 180 205
21 -48 -23 3 27 52 77 102 127 152 177 202
22 -51 -26 -1 24 49 74 99 124 149 174 199
23 -54 -29 -4 21 46 71 96 121 146 171 196
24 -57 -32 -7 18 43 68 93 118 143 168 193
25 -60 -35 -10 15 40 65 90 115 140 165 190
26 -63 -38 -13 12 47 62 87 112 137 162 187
Review Copy 27
28
29
-66
-69
-72
-41
-44
-47
-16
-19
-22
9
6
3
34
31
28
59
56
53
84
81
78
109
106
103
134
131
128
159
156
153
184
181
178
Do Not Reproduce 30
31
32
33
-75
-78
-81
-84
-50
-53
-56
-59
-25
-28
-31
-34
0
-3
-6
-9
2
22
19
16
50
47
44
41
75
72
69
66
100
97
94
91
125
122
119
116
150
147
144
141
175
172
169
166
Note: Agreements in shaded areas are unacceptable.
Copyright © 1998, 1999, 2009. 2010 by the Consensus Building Institute, Canadian First Nations, the Indian Taxation Advisory 3

B P I S: IG Ipeline N Wagwit

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

B P I S: IG Ipeline N Wagwit

Uploaded by

Copyright:

Available Formats

PROGRAM ON NEGOTIATION AT HARVARD LAW SCHOOL

AN INTER-UNIVERSITY CONSORTIUM TO IMPROVE THE THEORY AND PRACTICE OF CONFLICT RESOLUTION

BIG PIPELINE IN SWAGWIT

BIG PIPELINE IN SWAGWIT

Role Play Schedule

15 minutes Introduction and Instructions

Outcome (circle one): No Agreement Agreement

If agreement, on what terms?

Total number of jobs: ________________

Point score for Marchaud (the Band) : __________ points

Point score for Briggs (Big Trench) : __________ points

Pair Score Sheets

Total # of # of Jobs Score for Score for

Summary of Major Lessons

1. It is possible to negotiate agreements that create gains for you

2. To create joint gains, use the Mutual Gains Approach:

* Know your own BATNA and interests

3. Manage the opportunities and dangers involved in setting

* Set your aspirations high

4. Negotiate as if relationships matter

BIG PIPELINE IN SWAGWIT

BIG PIPELINE IN SWAGWIT

• the total number of day laborers to be used on the job; and,

BIG PIPELINE IN SWAGWIT

Confidential Instructions for J. Briggs, Contractor/Project Manager for Big Trench

Total Number of Jobs

Note: Agreements in shaded areas are unacceptable.

BIG PIPELINE IN SWAGWIT

Confidential Instructions for D. Marchaud, Band Council Member for the

Total Number of Jobs

12 -21 4 29 54 79 104 129 154 179 204 229

Note: Agreements in shaded areas are unacceptable.

You might also like