PA 532 Negotiation and Mediation in the Public Sector by rtu18834

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									                      Public Administration 532:
Contract Negotiation and Mediation in the Public and Non-Profit Sectors

Dennis Daley                                                   Spring 2007
Winston 0018                                                Poe 211 Th 6:00-8:45
Fax: 919-515-7333
email: Dennis_Daley@ncsu.edu
Office Hours: TuTh 2:00-3:00, Th 4:30-5:30, and by appointment

Dottie Leapley
One Exchange Plaza, Suite 1020
219 Fayetteville Street Mall
Raleigh, North Carolina
Office: 919-831-6568 or 919-831-6619 (direct)
Home: 919-545-0577
e-mail: Dottie.Leapley@ci.raleigh.nc.us


       Text: Christopher Moore (1996) The Mediation Process. San Francisco, CA:
       Jossey Bass.
       Phillip Cooper (2003) Governing by Contract. Washington, DC: CQ Press.

      Roger Fisher and Danny Ertel (1995) Getting Ready To Negotiate: The
            Getting To Yes Workbook. New York: Penguin.

      Robert W. Emerson (2004) Business Law, 4th ed. Barron's.

              The textbooks used in this class serve as: (1) a comprehensive
              statement of the human resources management field, a national
              consensus of what constitutes its essential core and standards, (2) an
              aid to learning, a coherent presentation of the curriculum created for
              students unfamiliar with the subject, (3) a common intellectual platform
              in the classroom, which we can draw on to make more sophisticated
              observations of our own, thereby sharing expertise more effectively
              with one another, and (4) an easy-to-use “second voice” in the course,
              available 24 hours a day, 365 days a year, that allows students to
              move at their own pace.

Office Hours: You are encouraged to stop in during office hours to talk about any
              problems or suggestions you may have concerning the course, about
              career, or just about things in general. If you want to talk to me and find
              the scheduled hours are not convenient, feel free to schedule an
              appointment.
Purpose: The course addresses three inter-related leadership skills – negotiation,
            contracting, and mediation – essential for achieving organizational
            success. For public managers to effectively use their resources and
            achieve their organization’s mission they must work together with
            others. Managers must be skilled at negotiating with partners or
            facilitating among colleagues. The ability to craft and monitor contracts
            for equipment, services, or performance is also critical. Finally, all
            managers and organizations face disagreements in implementing their
            operations. Hence, skilled dispute resolution techniques, primarily
            mediation, are an essential tool.

Course Learning Outcomes: Students should be able to:
            (1) demonstrate an understanding of conflict resolution processes;
            (2) demonstrate a basic understanding of contract law; and
            (3) apply negotiation, facilitation, and mediation skills to such real-
            world situations.

Public Administration is a professional discipline devoted to social change.
            Specifically, public administration focuses on improving governmental
            performance (efficiency, effectiveness, and responsiveness) through
            the application of professional management education and techniques.
            The course content is designed both to develop an individuals’ ability
            to think effectively (i.e., observing, classifying, analyzing, and
            synthesizing) and to introduce them to state-of-the-art administrative
            knowledge and skills. This knowledge and skills can readily be
            transferred to other situations and should aid the student in developing
            intellectual autonomy. In addition both the enhanced critical-thinking
            abilities and specific managerial knowledge and skills should be of
            direct benefit to students on their jobs and in the development of their
            careers.

Course Format: Course material is presented primarily within a discussion-lecture
           format. Class participation is encouraged. Each section focuses on a
           set of related topics. In addition a number of the sessions are built
           around case studies and exercises/games designed to provide the
           student with practical, hands-on experiences. These problem-solving
           exercises are designed to assist the student to better understand the
           practical aspects of the educational material being discussed and to
           develop their analytical capabilities. Students are expected to have
           prepared prior to each class by reading the appropriate assignments
           and reviewing the scheduled exercises.

Grading: Grades are based on the total scores derived from the two exams (100
            points, class participation (20 points), and exercise write-ups 30
            points)

                     A+ 150-145
                  A 144-140
                  A- 139-135
                  B + 134-130
                  B 129-125
                  B- 124-120
                  C + 119-115
                  C 114-110
                  C- 109-105
                  D + 104-100
                  D     99-95
                  D-    94-90
                  F     89-0


Exams:   Two exams will be given: a Midterm and a Final. Each exam is worth 50
           points.

            Tests are meant to accomplish two purposes. They permit the
            evaluation of a student’s academic performance thus giving essential
            feedback to the student, as well as to those who have a need to judge
            the student’s ability. Also they direct student energy into areas
            considered appropriate by the instructor.

             Answers to test questions should not be brief. Instead, they should
            demonstrate a complete in-depth understanding of the course built
            upon the text material and class discussion. Answers should address
            all portions of the test questions and be directly relevant to the
            questions asked. Answers should be filled with as much factual
            information as possible. The lead paragraph of each answer should
            state the logic and content of the answer. Answers must use proper
            English including topic sentences for each paragraph. The keys to
            outstanding answers are (1) well-written essays which directly address
            all of the questions, (2) a demonstrated student understanding of the
            course material, and (3) insight into the implications of that material.
             A case study is a word problem. A case study poses an interactive
            problem that links facts and theories to a specific situation in which
            they are applied. First, diagnose what the specific problem is. There
            may also be secondary problems (case study questions may point to
            these).Second, determine what are the options (recommended
            procedures, practices, and techniques) for dealing with or solving the
            problem (the main textbook should help in identifying these).Third,
            identify what special considerations must be taken into account. Who
            are the stakeholders, and what roles do they play? What assumptions
            or attributions are you making about the problem and the
            circumstances under which it occurs (case study questions may act as
            prompts). Fourth, make a recommendation or decision. These
             decisions need to be provided with supporting evidence that explains
             or justifies why the decision was made.


Exercise Write-ups: each student is responsible for writing up his/her responses to
             the case studies and simulations used in class. A casestudy is a word
             problem. A casestudy poses an interactive problem that links facts and
             theories to a specific situation in which they are applied.

             First, diagnose what the specific problem is. There may also be
             secondary problems (casestudy questions may point to these).

             Second, determine what are the options (recommended procedures,
             practices, and techniques) for dealing with or solving the problem (the
             main textbook should help in identifying these).

             Third, identify what special considerations must be taken into account.
             Who are the stakeholders ,and what roles do they play? What
             assumptions or attributions are you making about the problem and the
             circumstances under which it occurs.

             Fourth, make a recommendation or decision (casestudy questions may
             act as prompts). These decisions need to be provided with supporting
             evidence that explains or justifies why the decision was made.

             Fifth, in addition to answering the specific questions included in each
                     exercise, these entries should focus on the student’s
                     assessment and analysis of the case study or simulation and
                     what lessons and insights were derived from it.

Academic Integrity: honesty, fairness and rigor mark scholarly activity. A scholar
            does not take credit for the work of others, does not take unfair
            advantage of others, and does not perform acts which frustrate the
            scholarly efforts of others. A scholar does not tolerate dishonesty in
            others. The violation of any of these principles is academic dishonesty.

             Academic dishonesty includes the giving, taking, or presenting of
             information or material by a student with the intent of unethically or
             fraudulently aiding oneself or another person on any work which is to
             be considered in the determination of a grade or the completion of
             academic requirements. More specific definitions are set in the NCSU
             Code of Student Conduct.


Disabilities: Whenever possible, modifications to tests and other assignments and
               special arrangements for attending and recording lectures and
             seminars will be made in order to accommodate the needs of students
             with disabilities. Any student with such a need is encouraged to make
             an appointment with the instructor in order to obtain necessary
             assistance.

Work-Life Balance: A concerted effort will be made to balance work and family
             considerations in as much as this can be done without sacrifice to the
             course’s educational integrity.



Instructor: Dennis M. Daley received B.A.’s in History and Government from
              Montana State University, an M.A. in Political Science from the
              University of Montana, and his Ph.D. in Political Science from
              Washington State University. He has taught on the faculty of
              Minnesota State University (Mankato), Iowa State University, the
              University of Mississippi, and North Carolina State University. He is the
              author of Performance Appraisal in the Public Sector, Strategic Human
              Resource Management, and articles in a number of public
              administration journals, including the leading public sector personnel
              journals (Public Personnel Management and the Review of Public
              Personnel Administration). He is a member of the Academy of
              Management Personnel/Human Resources Division, the American
              Society for Public Administration Section on Personnel and Labor
              Relations, and the International Personnel Management Association.


            Dorothy K. Leapley received an MPA from N.C. State in 2000, a JD with
             honors from the University of N.C. in 1986, and a B.S. cum laude in
             Business Administration from Appalachian State University in 1983.
             Dottie is an Associate City Attorney for the City of Raleigh and has a
             broad practice that includes negotiating, drafting, and litigating contract
             disputes. Prior to joining the City, she was a partner at a Raleigh law
             firm.
        Contract Negotiation in the Public Sector Course Outline
 I. Negotiation, Contracts and Mediation, Cooper 1, 2, 6; Cooper Social Services
 Exercise (Jan 11)
         A. Conflict Resolution
         B. Contract Integration

 II. Negotiation Process: Cooper 3 (Jan 18)
         A. Negotiation Exercise: Coleman case 4
         B. Conditions
         C. Team Representation

III. Principled Negotiation: Fisher & Ertel (Getting Ready to Negotiate) all, [Fisher
  tape] (Jan 25, Feb 1)
            A. Interests: Focus on interests, not positions
            B. Options: Invent options for mutual
            C. External Alternatives: Best Alternation To Negotiated Agreement
            D. Legitimacy: Insist on using objective criteria
            E. Communications (Robert Bolton, 1986) Communications/Active Listening
            Exercises
            F. Relationships: separate the people from the problem
            G. Commitment

IV. Negotiation Exercises: Race to Soleil, Communications Negotiations, and (Feb 8)

V. Contract Integration: Kearney & Carnevale case 5.1
         A.Relationships
         B. Contract Formation
         C. Scope of Collaboration

 VI. Law and the Court System (Feb 15)
         A. Origin and Nature of Law
         B. Government Under Law
         C. U.S. Court System and the Legal Process

 VII. Law Specific to Contracts (Feb 22)
        A. Nature, Classification, and Foundation
        B. Reality of the Contract: Did the Minds Really Meet?
        C. Capacity of the Parties
        D. Legality of Subject Matter
        E. Agency
        F. Special rules relating to contracts: the Statute of Frauds, Parol Evidence
           Rule, and Privity
        G. Discharge, Damages, and Other Remedies
VIII. Midterm (Mar 1)

IX. Contract Drafting (Mar 15)

X. Contract Monitoring and Ethical Issues (Mar 22)

 XI. Contracting Management: Strategic Alliances and Networks: Cooper 4 (Mar 29)

 XII. Mediation: Moore all (Apr 5, 12)
        A. Mediation Exercises: Rockin-Roleplays; Slaikeu 2.1,
              6.1/12.1/16.1, and 8.1/ 9.1
        B. Mediation Process [Moore Video]
        C. Mediation Strategies

 XIII Impasse: Cooper 5 (Apr 19)
       A. Arbitration Process
       B. Grievance Process: Coleman cases 5, 6, 7, 8, and 9
       C. Interest Arbitration: Coleman case 3
       D. Final-Offer Arbitration
       E. Strikes

 XIV. Negotiation Exercise: Huddleston (Apr 26)
 XV. Final (May 3)

								
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