Harvard Negotiation and Mediation Clinical Program<\/a> (HNMCP), explores the challenges of negotiating plea bargains in the face of intense principal-agent tensions that pose ethical challenges. The case involves domestic terrorism and hate crime charges.\u00a0 Although the fact pattern is fictional, it draws loosely on actual events in U.S. history, including the Oklahoma City bombing of a federal building in 1995 and the Boston Marathon bombing of 2013.<\/p>\nThe case requires four participants, two in the role of attorney and two in the role of clients. Max Teller, a 27-year-old member of a motorcycle gang known for its ties to a white supremacist organization, is the defendant in the case and has been charged with domestic terrorism and hate crimes. Teller is represented by a public defender, assigned to Teller\u2019s case, who feels conflicted about representing someone associated with a domestic hate-based organization. The prosecution is represented by the U.S. Attorney for the District of Arizona (a client for purposes of this simulation) and the assistant U.S. Attorney. The prosecution must determine how to proceed with this case and consider the implications this will have for their professional mandate, their ethical obligations, and their careers. This engaging exercise in managing principal-agent tensions provides a challenging opportunity to negotiate both behind and across the table.<\/p>\n
The case is designed as a two-stage negotiation of a plea bargain. The first part of the case takes place before the prosecution and the defense meet, with each agent \u2013 the Assistant U.S. Attorney and the Public Defender \u2013 meeting independently to interview their principal \u2013 the U.S. Attorney and defendant Max Teller, respectively \u2013 to determine the principal\u2019s interests and objectives. The Assistant U.S. Attorney and the Public Defender meet subsequently to negotiate the terms of a potential plea bargain.<\/p>\n
Because of the complexity of the issues and the background knowledge required, role-play participants should plan to invest at least 1 to 1.5 hours before class to prepare for the negotiation. The principal-agent interviews and the negotiation between the prosecution and defense should take place within a 1.5-hour time block, followed by a 30 to 60 minute facilitated review of participants\u2019 experiences.<\/p>\n
\u201cThe case is ideal for instructors who want to expose their students to the challenges of reconciling their own viewpoints and feelings with the duties they have to the court and the fair administration of justice,\u201d says HNMCP Director Robert Bordone.\u00a0 Instructors can use the case in a variety of ways and in many classes, including negotiation, criminal justice and procedure, and legal profession. Designed for participants with an intermediate level of negotiation training and some law background, it provides an introduction to interviewing, counseling, and representing clients. It is accompanied by an extensive teaching note to help those new to the case design debriefs that will ensure a rich learning experience.<\/p>\n","protected":false},"excerpt":{"rendered":"
By Sam W. Straus and Robert C. Bordone United States v. Teller, a newly released negotiation role play case by Sam W. Straus and Robert C. Bordone of the Harvard Negotiation and Mediation Clinical Program (HNMCP), explores the challenges of … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":7945,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[1],"tags":[],"class_list":["post-1069","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p4CR8M-hf","jetpack-related-posts":[{"id":886,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2014\/12\/09\/new-multiparty-negotiation-is-not-entirely-about-keeping-score\/","url_meta":{"origin":1069,"position":0},"title":"New Multiparty Negotiation is (Not Entirely) about Keeping Score","author":"Elizabeth Moroney","date":"December 9, 2014","format":false,"excerpt":"New Product: Hesperia Seed Initiative A philanthropic initiative to introduce genetically modified seeds on the island nation of Hesperia has great potential: either to save the food supply affected by climate change and insect blights, or to destroy the fragile biodiversity and local genetic resources. Citizens and officials alike have\u2026","rel":"","context":"In "Harvard Negotiation and Mediation Clinical Program Blog Posts"","block_context":{"text":"Harvard Negotiation and Mediation Clinical Program Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/harvard-negotiation-and-mediation-clinical-program-blog-posts\/"},"img":{"alt_text":"Lettuce_seeds_(464344612)","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2014\/12\/Lettuce_seeds_464344612-500x334.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":49,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/01\/14\/multiparty-negotiation-group-decision-making-and-teams\/","url_meta":{"origin":1069,"position":1},"title":"Multiparty Negotiation, Group Decision Making, and Teams","author":"Lisa Brem","date":"January 14, 2013","format":false,"excerpt":"Robert Bordone, Thaddeus R. Beal Clinical Professor of Law, and Rory Van Loo, Lecturer on Law developed and co-teach Multiparty Negotiation, Group Decision Making, and Teams, an advanced negotiation workshop that enables students to participate in and conduct complex, multiparty negotiations. \"Lawyers and other professionals, irrespective of their specialty, find\u2026","rel":"","context":"In "Harvard Negotiation and Mediation Clinical Program Blog Posts"","block_context":{"text":"Harvard Negotiation and Mediation Clinical Program Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/harvard-negotiation-and-mediation-clinical-program-blog-posts\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2012\/12\/mpn2-1024x764.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":547,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/08\/13\/hnmcp-case-studies-website-shapes-harvard-negotiation-institute-negotiation-workshop\/","url_meta":{"origin":1069,"position":2},"title":"HNMCP Case Studies Website Shapes Harvard Negotiation Institute Negotiation Workshop","author":"Elizabeth Moroney","date":"August 13, 2013","format":false,"excerpt":"by Heather Kulp With one hundred participants representing over twenty countries, the summer Harvard Negotiation Institute\u2019s Negotiation Workshop offered five days of instruction to expand participants\u2019 negotiation toolboxes. To facilitate skill development, Professor Robert Bordone relied on the Harvard Negotiation and Mediation Clinical Program\u2019s Case Studies\u00a0website. Participants\u2014from government officials to\u2026","rel":"","context":"In "Harvard Negotiation and Mediation Clinical Program Blog Posts"","block_context":{"text":"Harvard Negotiation and Mediation Clinical Program Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/harvard-negotiation-and-mediation-clinical-program-blog-posts\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2013\/08\/Bob-teaching-Image-for-postcard-1024x680.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":666,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/12\/10\/blog-trailer-critical-decisions-in-negotiation\/","url_meta":{"origin":1069,"position":3},"title":"Blog Trailer: Critical Decisions in Negotiation","author":"Elizabeth Moroney","date":"December 10, 2013","format":false,"excerpt":"For years, HLS Professor Bob Bordone lamented that there was not an easily accessible, high quality teaching resource for negotiation instructors to demonstrate a range of critical negotiation behaviors to their students in practice. \u00a0Bordone explains, \u201cHelping students develop new behavioral moves in the heat of the moment and deepen\u2026","rel":"","context":"In "Harvard Negotiation and Mediation Clinical Program Blog Posts"","block_context":{"text":"Harvard Negotiation and Mediation Clinical Program Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/harvard-negotiation-and-mediation-clinical-program-blog-posts\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2013\/12\/Disc_Units_Final-500x464.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":896,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2015\/01\/06\/5-questions-with-professor-robert-bordone-creating-a-storyboard-to-support-learning-goals\/","url_meta":{"origin":1069,"position":4},"title":"5 Questions with Professor Robert Bordone: Creating a Storyboard to Support Learning Goals","author":"Elizabeth Moroney","date":"January 6, 2015","format":false,"excerpt":"Product: Hesperia Seed Initiative Hesperia Seed Initiative, our latest simulation, has been years in the making, undergoing many classroom tests and iterations before publication. In our blog last month\u00a0we introduced you to the multiparty role play, in which stakeholders negotiate the terms of an agricultural initiative regarding genetically modified seeds.\u2026","rel":"","context":"In "Harvard Negotiation and Mediation Clinical Program Blog Posts"","block_context":{"text":"Harvard Negotiation and Mediation Clinical Program Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/harvard-negotiation-and-mediation-clinical-program-blog-posts\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2013\/08\/Bob-teaching-Image-for-postcard-e1418146909299-324x500.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":1215,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2017\/05\/15\/police-community-dialogue-the-harvard-negotiation-mediation-clinical-program-releases-innovative-resource-on-facilitation\/","url_meta":{"origin":1069,"position":5},"title":"Police-Community Dialogue: The Harvard Negotiation & Mediation Clinical Program Releases Innovative Resource on Facilitation","author":"Lisa Brem","date":"May 15, 2017","format":false,"excerpt":"\u00a0 The Harvard Negotiation and Mediation Clinical Program has produced a new video resource on facilitation entitled\u00a0\"Police-Community Dialogue: A Facilitated Conversation Featuring Commentary with Harvard Law School Professor Robert C. 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