Kesnia is a country that recently emerged from a five-year civil war. When the war first broke out, many individuals feared for their safety and fled the country. During the first year of the conflict, the Kesnian government passed an act that provided that the property belonging to the people that fled the country was to be controlled by the State. It also authorized local authorities to temporarily accommodate military personnel in such property. When the conflict ended five years later, the government determined that persons whose property had been taken over by the government during their absence had the right to receive compensation for the use of their property. Compensation is determined by the "fair market value" of 1) whatever the rent for such property would be, and 2) any damage that was more than the usual wear-and-tear to be expected of a tenant. The NGO Program Associates are representing Sophia, an elementary school teacher that fled Kesnia with her son when the civil war in Kesnia broke out. Government soldiers occupied her apartment for 48 months. During their occupation of the apartment, they made many changes to her apartment, including throwing out some of her antique furniture and soundproofing a room. The Government Representatives are part of a task force that is in charge of conducting settlement negotiations on behalf of the Kesnian government. The task force has limited funds that it must work with to settle roughly 1,000 claims.
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To practice using objective criteria; explore the disadvantages and advantages of disclosing information; practice negotiating as a team; practice exploring and integrating the other side's interests into the bargaining process.
Negotiation simulation; pair negotiation; post-conflict restitution; property negotiations
Industry: Government; NGOs
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HNMCP Case Studies Shape Harvard Negotiation Institute Workshop
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