Negotiation Workshop 2009
American Law Program is proud to introduce you to a new edition of the Negotiation Workshop. Following last year’s successful scheme, students will be asked to form teams expected to make a deal. Unlike last year’s edition though, current project is a multi-stage event. Beginning with simple contracts participants will have an opportunity to check their own weaknesses and develop skills, eventually achieving proficiency allowing them to handle complex negotiations.
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Assignment No. 1
Nov. 12, participants gathered on Bracka 12. Scenario of the first project was distributed and negotiators were asked to make the deal before November 20. During the following 8 days, a number of meetings — some secret, some official — were held. On Nov. 20, teams reached an agreement in one round of talks.
The scenario was a based on a business problem. It was provided to ALP by dr Christoph Busch. The purpose of this game was not to practice law yet, but to master negotiation techniques.
The talks were supervised by students of dr hab. J. Czapska. Four scholars, led by Katarzyna Kołodziej, who have special interest in the theoretical aspects of negotiations provided individual opinion on each participant’s negotiation style.
Shetreet-Government-Game
Second part of the Negotiation Workshop has officially begun. Tuesday, Nov. 25 participants met in a café on Bracka with Professor Shimon Shetreet, MK (Member of Knesset).
Professor provided students with a wonderful insight of the political structure of the Israeli government, as well as described brilliant negotiation methods used in everyday political struggle.
Students, divided now in 5 groups which represent Kadima, Labour Party, Shas, United Torah Judaisim and Gil, started to play the scenario based on Ms. Livini futile attempt to form a government.
Invitation to talks was issued, and respective representatives dispatched in cafés around Bracka where — during following two weeks – bargaining over policy towards Syria and value of support given to yeshiva students will prevail over usual, down-to-earth chit-chats.
Second part of Negotiation Workshop is greatly supported by JU’s scholar: Ms. Magdalena Gołębiowska. Her research area, focalized on Israeli foreign affairs, makes her an invaluable source of information and advice to participants.The
The Final
On Friday, January 9, the negotiators filled Reception Rooms of Larisch Palace in order to examine, whether the talks they had conducted in cafes around Bracka, had been honest. The final talks were observed by Professor Shimon Shetreet, Magda Gołębiowska and Marlena Pecyna who were providing comments.
The negotiators faced an uneasy task. Situation in Israel has changed dramatically since December. Furthermore, Professor Shetreet, in order to raise the reality of the game on the very last days, flavored it with additional information. These were:
- Balad, Hadash and United Arab List-Ta’al (total voting power: 10) are to stay neutral during the confidence vote in Knesset;
- Meretz made a cooperation deal with Labor Party which as a result raised its voting power by 5;
- Eli Yishai and Binyamin Netanyahu made a deal that Shas would not support creating the Livin’s government (consider the exact wording);
The talks started at 10am. Kadima presided over. Firstly, parties were requested to present their positions towards the draft Coalition Agreement including the proposed solution of the Gaza conflict. That took a considerable amount of time and served as a starting point for the main negotiations that followed after a short break.
It is interesting to note, that the break itself was greatly used for back-channel communication and reaching new agreements between the parties.
Negotiators continued to dispute “Targets and Purposes” from the draft Coalition Agreement. Particularly, the issues of spousal partnerships (United Torah Judaism objections) and the transparency of government (Labor’s stronghold) incited a highly sophisticated exchange of positions. However, cooler heads of Kadima and Pensioners Party (GIL) prevailed and the problem was solved.
Notably, the Coalition Agreement was since then to include invocation to the “Rock of Israel”, a neutral solution taken from the Declaration of Independence.
Having closed “Targets and Purposes”, Kadima requested a division of work in order to haggle over the portfolios of ministries.
Astonishingly, when portfolios were decided and parties returned to the main table, Shas – liable for fulfilling its agreement with Likud – announced its withdrawal from the negotiations. That forced United Torah Judaism, Shas’ ally, to follow.
Despite that, the Coalition Agreement was passed to Knesset. Voting brought 60 for the government, 44 against and 16 neutral/non-voting (Balad, Hadash, United Arab List-Ta’al and United Torah Judaism). Consequently, the government was successfully formed.
Being in reception of the result and having halted Labor’s ride for new ministries stemming from party’s newly strengthened position, Kadima invited Shas and United Torah Judaism to join already formed government. Both parties accepted the invitation, avoiding the necessity to breach Shas – Likud deal.
Pictures from the negotiations:
Negotiation Workshop with Leśnodorski, Ślusarek i Wspólnicy and Maruta i Wspólnicy – Stage 3 of the Workshop
At the very first days of March, third part of the Workshop begun. Students divided themselves in two teams. Then, teams were introduced to the problem and had to choose the side which they want to represent.
The problem for this stage of the Workshop invites students to work on the complexity of the IT law. It is crafted around the construction and installation of a website which is supposed to provide Kofte (a major producer and distributor of chicks) with new routes of contracting with clients. The text of problem is available here (Polish only).
The task of each team is to draft and negotiate a contract suitable for its client. This process was divided in two stages. First — the drafting stage — finished on April 9. Teams sent their drafts to the organizers who will pick the best parts and prepare the common draft contract. Then, in stage two — the negotiation stage — the common draft contract will become the fundament of talks.
Teams are supported and supervised by the law firms. Maciej Kubiak and Roman Bieda, attorneys from Lesnodorski Slusarek i Wspolnicy and Maruta i Wspolnicy respectively, play the role of both: legal advisors and fussy clients.
Simultaneously to the main workshop, students take part in courses and consultations provided for them by:
- mec. Marcin Maruta
- professor Faith Mullen (CUA)
- professors Catherine Klein and Margaret Barry (CUA)
- students of professor Janina Czapska (Chair of the Sociology of Law, JU)
The final
The final talks in Kofte – Gimpo deal were scheduled for May 8, in Lesnodorski Slusarek & Wspolnicy Law Firm’s Office. The office however did not become the first arena to witness the negotiation match. Negotiators are from Krakow and with the office in Warsaw it was necessary to take a 3h train to arrive at the location of talks. No more than 5 minutes in the train lapsed when first talks were launched filling the car with haggling and squabbling over more and less important (note: it was 6am) issues.
Upon arrival at the Lesnodorski Slusarek & Wspolnicy office, a number of topics were still left open however and the scheduled 7h of talks were exploited to the limits.
Negotiators focused their attention on the particular provisions of the drafted contract. They went through the issues of the intellectual property law balancing the interests of a corporation seeking to establish its online and real presence in new markets at the lowest possible cost and from the other hand interests of a medium-size company that had the necessary engine to run the online sales program of Kofte.
Negotiators found solution to the problems of liability, copyrights, service and satisfaction of their clients.
The talks were supervised by the students of Professor Janina Czapska (Chair of the Sociology of Law): Katarzyna Kołodziej, Anna Kurjańska, Magda Pyka; who provided negotiators with the comments on the style of the talks.
The event appeared in press:
