Film Clips Illustrating ADR Concepts

Professor Paula Young

Appalachian School of Law

Cross-cultural Issues in Negotiation/Mediation:

• The Story of Qiu Ju (subtitled)
  • A form of mediation
  • Also, illustrates face saving and the role of insults in conflict escalation
• Grand Canyon
  • Gang vs. Kline’s character
• Rabbit Proof Fence
• ER episode in which a Chinese Woman is dying of cancer
• Monsters, Inc. (stereotyping)

Relationships:

• To Kill a Mockingbird
• The Story of Qui Ju
• First Wives Club
  • Also, illustrates factors in conflict escalation

Different Perspectives of Parties:

• Everybody Loves Raymond: The Can Opener, Disc 1, Episode2, Season 4.
• Episode of Dick Van Dyke Show: Night the Roof Fell In

Emotions:

• Remains of the Day
• Micro-emotions training video

Risks of Litigation/Settlement Rates/Success rates on appeal

• A Civil Action

Power-Rights-Interest Approaches to Conflict:

• John Q

Active listening:

• The Mask of Zorro
• FISH! (industrial film about the Pike Street Fish Market)

Preparing to Negotiate:

• Topsy Turvey

Standing in the Other Person’s Shoes:

• Thirteen Days
• Fog of War

Positional/Distributive Bargaining/Hard Bargaining (many of these clips may also illustrate interest-based negotiation):

• Carton Contract
• The Life of Brian
• Star Wars (Episode IV (the original)
• Star Wars: Return of the Jedi
• Tin Man
• Pretty Woman (useful in illustrating ZOPA and true reservation values)
• Patriot Games
• El Dove
• Princess Bride
• Thirteen Days
• Last Tycoon
• Glendarry Glen Ross
• Butch Cassidy
• 12 Angry Men
• Ben Hur
• Dragonheart
• A Civil Action
• Ransom
• Erin Brockovitch
• My Cousin Vinnie
• Nearly any episode of The Simpsons
  • Homer is usually an unsuccessful competitive negotiator
  • Maggie and Marge tend to use interest-based approaches
• Pirates of the Caribbean

Interest-Based Negotiation:

• Pulp Fiction (scene in diner with robbers with interest-based negotiation done at the ends of four guns)
• Dragonheart
• It’s a Wonderful Life
• Clear and Present Danger
• Night at the Opera
• Thirteen Days
• The Client
• Treasure of Sierra Madre
• Family Man (creating and sharing value)
• Five Easy Pieces
• A Beautiful Mind
• Big Fish
• Pirates of the Caribbean

Brainstorming:

• Apollo 13
• Chicken Run
• Welcome to Mooseport
• Episode of Gilmore Girls involving “World’s Largest Pizza”

Creativity and Creative Environments:

• Tour of Pixar studio offices on Monsters, Inc. DVD

Strategic Control of Information and Context:

• Ghostbusters
• Dirty Harry (also brinksmanship)
• The Negotiator

Power in Negotiation:

• Risky Business
• Dave
• The Fugitive
• Grand Canyon (imbalances of power)
• The Rainmaker

Prisoner’s Dilemma

• The Hunt for Red October

Lying and Deceiving

• Raiders of the Lost Ark
• Fifth Element
• The Negotiator

Risk of Impasse (also escalation and commitment costs)

• A Civil Action

Ethics in Negotiation

• A Civil Action

Cognition/Communication/Assumptions

• Star Trek – The Next Generation (production #202) – metaphor as form of communication
• Something About Mary

General:

• The Milagro Beanfield War (over cow)
• Andy Griffith Show: A Feud is a Feud (fabulous folksy approach to stages of mediation)

Public Policy

• Whose Home on the Range?
  • Documentary available through New Mexico Center for Dispute Resolution: ranchers vs. environmentalists vs. government

Apologies:

• A Thousand Clowns
• Fifth Element
• Air Force One
• A Fish Called Wanda
• A Civil Action

Blame or Identity Quakes:

• Nearly any episode of Faulty Towers
• Nearly any episode of Everybody Loves Raymond

Leadership/Conflict Styles:

• Lord of the Flies
  • http://www.startrek.com/startrek/view/library/ episodes

www.titan.tv.com/TTV/Grid/Grid.aspx

• For episodes of TV programs

www.half.com

• Discount videos/DVDs (and law texts)

MODULE 1: Understanding Conflict

Class 3:

Understanding Conflict, Part I: Approaches to Conflict; Overview of Available ADR Processes.

Planned Activities: Discussion of power-based, rights-based, and interest-based approaches to conflict; movie clip from John Q illustrating use of approaches to conflict.

Class 7::

Role of Litigation in Dispute Resolution; Choice of Process.

Planned Activities: Lecture on role of litigation in dispute resolution; A Civil Action discussion of advantages and disadvantages of litigation.

MODULE 2: Interest-Based Negotiation Theory & Techniques

Class 9:

Introduction to Negotiation Part II: Hard-bargaining Tactics

Planned Activities: Analysis of Carton Contract video negotiation.

Class 10::

Introduction to Negotiation, Part III: Negotiating Terminology and Developing BATNAs.

Planned Activities: Definitions – ZOPA, reservation value, zero sum or distributive negotiation; Pretty Woman film clip.

Class 14:

Getting to Yes, Part II: Focus on Interests, not Positions.

Planned Activities: Pulp Fiction clip; film de-briefing.

Class 17::

Getting to Yes, Part II (cont.): Standing in the Other Person’s Shoes; Clear Communication - Paraphrasing.

Planned Activities: Lecture on standing in the opponent’s shoes; film clips: Thirteen Days and Fog of War; discussion of film clips.

Class 18:

Getting to Yes, Part III: Generate a Variety of Options.

Planned Activities: Lecture on brainstorming ground rules; Welcome to Mooseport film clip; Chicken Run film clip; Apollo 13 film clip.

Class 19::

Getting to Yes, Part III (cont.): Generate a Variety of Options.

Planned Activities: Discussion of creativity; Monsters Inc. clip.

Class 21::

Emotions in Negotiation.

Planned Activities: Lecture on brain structure and emotions or micro-emotions training video.

Class 23:

Negotiation Wrap-Up (cont.).

Planned Activities: Lecture on information disclosure, choosing an approach, Axelrod’s tit-for-tat strategy, leading the way (some examples), realistic optimism.; The Negotiator film clip (if time).

Class 19::

Getting to Yes, Part III (cont.): Generate a Variety of Options.

Planned Activities: Discussion of creativity; Monsters Inc. clip.

MODULE 3: Representing Parties in Mediation and Intro to Arbitration

Class 25:

The How of Mediation: Ground Rules and Stages of Mediation.

Planned Activities: Lecture on ground rules and stages of mediation; video demonstration of mediation in Red Devil Dog dispute; de-brief video.