{"id":816,"date":"2014-06-24T09:00:45","date_gmt":"2014-06-24T13:00:45","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/hlscasestudies\/?p=816"},"modified":"2014-06-25T10:53:26","modified_gmt":"2014-06-25T14:53:26","slug":"negotiating-value-what-is-art-worth","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2014\/06\/24\/negotiating-value-what-is-art-worth\/","title":{"rendered":"Negotiating Value: What is Art Worth?"},"content":{"rendered":"

New Product: Set Sale!<\/strong><\/p>\n

by Amanda Reilly<\/i><\/span><\/p>\n

The new role play Set Sale!<\/em><\/a>\u00a0debuted this spring in the HLS Negotiation Workshop, receiving an enthusiastic response.\u00a0 Chad Carr, author and lecturer on law at HLS, reported, \u201cStudents really seemed to enjoy negotiating the case.\u00a0 There was a lot of energy in the room and students were very animated in their assessments of the climbing or plummeting value of the artwork, depending upon the side they represented.\u201d<\/p>\n

Carr wrote Set Sale!<\/em> \u00a0to be the inaugural exercise in the Spring Negotiation Workshop. It exposes students to core concepts in negotiation theory and negotiation role-playing techniques and provides a foundation for the rest of the essential skills taught during the Workshop.<\/p>\n

In determining the current context for the case, Carr explained, \u201cIn both law school and executive education settings, I wanted the case to have a relatable context. That was part of the reason for writing about art.\u00a0 The sale of art looks largely the same around the globe.\u201d\u00a0 Set Sale!<\/em> involves a law firm that is downsizing its physical space and as a result selling some of its art works. One piece in particular has recently received media attention because it was widely adopted as an emblem of solidarity and hope following a terrorist attack off the shore of Massachusetts.<\/p>\n

\"Zone<\/a>

Zone of Possible Agreement<\/p><\/div>\n

One of the main learning goals is to understand the difference between value creation and value distribution.\u00a0 The ambiguity of the value of the art creates \u201ca large zone of possible agreement (ZOPA) between the parties making distribution a key challenge,\u201d said Carr. “However, there are also opportunities for both parties to create value in the deal, rather than just distribute value. \u00a0Those opportunities include the allocation of transportation and art storage fees, as well as finding ways for the museum to help promote the law firm\u2019s new brand.\u201d<\/p>\n

Carr also added, \u201cWe want student-negotiator pairs to come to agreement on a variety of outcomes.\u00a0 Seeing that there is a range of potential outcomes does two things.\u00a0 It primes students to think about what constitutes a good outcome.\u00a0 It also forces them to challenge their assumptions\u2014for example, \u2018Was I really in a weak position?\u2019 or \u2018What were the factors limiting my counterpart?\u2019\u201d<\/p>\n

Set Sale!<\/em> also allows students to experience firsthand the principal-agent problem. During the negotiations, students must disentangle their client\u2019s best interests from their own goals and needs.\u00a0\u00a0 Carr reflected, \u201cStudents on both sides of the case take on the role of attorneys representing a client. \u00a0Since this is a law school, we want students to start engaging with some of the principal-agent tensions that arise in any representation.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

New Product: Set Sale! by Amanda Reilly The new role play Set Sale!\u00a0debuted this spring in the HLS Negotiation Workshop, receiving an enthusiastic response.\u00a0 Chad Carr, author and lecturer on law at HLS, reported, \u201cStudents really seemed to enjoy negotiating … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":5482,"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_feature_clip_id":0,"_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":[88579],"tags":[],"class_list":["post-816","post","type-post","status-publish","format-standard","hentry","category-harvard-negotiation-and-mediation-clinical-program-blog-posts"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p4CR8M-da","jetpack-related-posts":[{"id":666,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/12\/10\/blog-trailer-critical-decisions-in-negotiation\/","url_meta":{"origin":816,"position":0},"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":547,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/08\/13\/hnmcp-case-studies-website-shapes-harvard-negotiation-institute-negotiation-workshop\/","url_meta":{"origin":816,"position":1},"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":825,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2014\/07\/08\/crossing-the-line-the-dos-and-donts-of-a-cross-deputization-agreement\/","url_meta":{"origin":816,"position":2},"title":"Crossing the Line: The Dos and Don\u2019ts of a Cross-Deputization Agreement","author":"Elizabeth Moroney","date":"July 8, 2014","format":false,"excerpt":"New Product: The Case of Cross-Deputization Professor Joseph Singer\u2019s new problem solving workshop case, \u201cThe Case of Cross-Deputization\u201d teaches first-year law students the basics of planning transactions and resolving controversy. In the simulated case, the conflict between the legal authority of the Spokane Tribe and of neighboring Lincoln County has\u2026","rel":"","context":"In "Problem Solving Workshop Blog Posts"","block_context":{"text":"Problem Solving Workshop Blog Posts","link":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/category\/problem-solving-workshop-blog-posts\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":49,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2013\/01\/14\/multiparty-negotiation-group-decision-making-and-teams\/","url_meta":{"origin":816,"position":3},"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":979,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2015\/06\/09\/new-vice-dean-to-develop-experiential-learning-at-hls\/","url_meta":{"origin":816,"position":4},"title":"New Vice Dean to Develop Experiential Learning at HLS","author":"Amanda Reilly","date":"June 9, 2015","format":false,"excerpt":"Dan Nagin, Clinical Professor of Law and director of the WilmerHale Legal Services Center, will serve as Harvard Law School\u2019s first Vice Dean for Experiential and Clinical Programs. In this position, Nagin will work to build the school\u2019s experiential offerings and foster new opportunities for hands-on learning. Nagin, who joined\u2026","rel":"","context":"Similar post","block_context":{"text":"Similar post","link":""},"img":{"alt_text":"Daniel Nagin, Clinical Professor of Law","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2015\/06\/Dan-Nagin.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":912,"url":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/2015\/01\/20\/1-role-play-gets-an-update\/","url_meta":{"origin":816,"position":5},"title":"#1 Role Play Gets An Update","author":"Elizabeth Moroney","date":"January 20, 2015","format":false,"excerpt":"Product: Diego Primadonna Diego Primadonna, the top downloaded material from HLS Case Studies, has been updated to review the full Seven Elements of Negotiation. In this negotiation simulation, an aging soccer star and a Brazilian soccer club broker a contract deal. During the negotiation, participants will practice probing for interests,\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":"Brazil_&_Chile_match_at_World_Cup_2010-06-28_6","src":"https:\/\/i0.wp.com\/blogs.law.harvard.edu\/hlscasestudies\/files\/2015\/01\/Brazil__Chile_match_at_World_Cup_2010-06-28_6-500x341.jpg?resize=350%2C200","width":350,"height":200},"classes":[]}],"jetpack_likes_enabled":true,"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts\/816","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/users\/5482"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/comments?post=816"}],"version-history":[{"count":2,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts\/816\/revisions"}],"predecessor-version":[{"id":822,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/posts\/816\/revisions\/822"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/media?parent=816"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/categories?post=816"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/hlscasestudies\/wp-json\/wp\/v2\/tags?post=816"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}