Challenges of Teaching Negotiation1
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CHALLENGES OF TEACHING NEGOTIATION
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ROY J. LEWICKI
An earlier version of this article originally appeared in Negotiation Journal. The
article explains some of the ways that teaching negotiation is different from other
experiential-based courses, uses a well known model of experiential learning to
explain the various vehicles for learning in the course, discusses some general
problems in structuring a negotiation course, and describes some of the unique
challenges that are created for instructors in these courses. For those who do
not have extensive teaching experience in this area, the article creates an
appropriate groundwork for understanding the course specifics that we describe
on this website. References and language have been updated as appropriate.
Courses in negotiation are a mature academic industry. In the mid-1970s, when
I first taught a negotiation course to students in a graduate school of business, there
were perhaps two or three other comparable courses in the United States. Reading and
case materials at that time were drawn largely from labor relations, social psychology,
and international diplomacy. Simulation materials were adapted from game theory,
collective bargaining and psychological experiments. Only one or two practitioner-
oriented trade books were available in the marketplace.
Today, negotiation courses are staples of the curriculum in business schools, law
schools, public policy schools, schools of international relations, and undergraduate
curricula. Case studies and simulations are regularly developed to analyze and enact
negotiation in each of these environments and contexts. Research emphasis has largely
moved from the development of new theoretical bases to applications and the analysis
of negotiations in situational context. Practitioner oriented books on negotiation abound,
and comprehensive textbooks are beginning to appear. Finally, seminars for executives
and practitioners are available from many training organizations and consulting firms.
My purpose in this article is to outline some of the central problems, issues and
dilemmas of teaching negotiation. While some of these problems are not unique to
teaching negotiation skills (and related courses in power and conflict managementsee
the bibliography and ‘Additional Resources’ section of this website), others specifically
arise because of the nature of the subject matter and the pedagogical style necessary to
create a rich and challenging learning environment.
A Model for Teaching Negotiation Skills
Most negotiation courses as a combination of theory and research, descriptive
and prescriptive models, and experiential activities such as role playing and cases.
There are several key assumptions about the teaching and learning of negotiation that,
though they may seem obvious, should be stated explicitly.
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Adapted from an article that first appeared in Negotiation Journal, January 1986, pp. 15-27.
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First, negotiation is a comprehensible social process. Negotiation is not a
mystical process in a black box; it can be analyzed, understood, and modeled. Second,
negotiation is a learnable and teachable skill. Negotiators are made, not born, and skills
can be improved and relearned throughout life. Finally, change and improvement in
negotiating behavior require a combination of intellectual training and behavioral skill
development. Thus, the most effective approaches to teaching negotiation will integrate
intellectual analysis and skill development in a complete pedagogical package.
To demonstrate how skill development and theory may be integrated together in
teaching negotiation, I will employ a simple, broad-based model of experiential learning
(Figure 1). This model, derived from the work of Kolb, Rubin and McIntyre (1983),
proposes that learning occurs in four interrelated steps (beginning at the bottom of the
circle and moving clockwise):
The development (or external introduction) of Abstract Concepts, theory and
generalizations, which leads to
Predictions, hypotheses, or Testing of the Implications of these Concepts,
which leads to
Concrete
experiences
Testing
implications
of concepts
Formation of
abstract concepts
and
generalizations
Observations
and
reflections
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Actual behavior and Concrete Experiences, which leads to
Observations and Reflections on that behavior, which leads back to further
concepts and generalizations (theory).
Students can begin anywhere in this cycle to assess their behavior or to change
it. For instance, athletes who want to improve their tennis swing might begin this
process by becoming more aware of their current swing or watching it on video (actual
behavior and reflection). This then leads to an effort to define why the swing is poor
(reflection and principles), followed by an intention to change the wrist position while
swinging (principles and intentions), and then a change in the way the racket is swung
(behavior). Similarly watching a video of a professional tennis player or reading a book
about tennis would be an infusion of principles, leading to intentions to behave
differently; actually taking a lesson would be an introduction of principles and some
“practice” (new behavior, reflection, intention to behave differently, and more new
behavior).
This model is useful in several ways. First, it applies to many different situations
where skills are learned and developed, and allows us to break down the skill
development process into its component parts. Second, since the learning model has
several component parts, it is most useful to structure the learning process to bolster
each of the elements. Finally, there are several competing theories as to the optimal
place to “enter” this learning circle. I will note some of these competing theories in the
discussion that follows.
Structuring The Course
While it is possible that some doctoral-level instructors may wish to teach only
theory and research, instructors at other levels generally want to structure a course that
is designed to improve the student’s negotiating behavior. In particular, courses
designed for executives or MBA students should offer a blend of theory and skill
practice, since these students are primarily interested in improving their negotiating
behavior. Courses structured in this way are more likely to help the student recognize
the relation between theoretical principles and actual behavior, thereby preparing the
student to negotiate more effectively. Finally, experiential components add a dimension
that makes the course more interesting, enjoyable, exciting, and relevant to both student
and instructor.
There are many ways to structure a negotiation course in terms of the topics
covered, intellectual and experiential materials used, etc.
2
. Since I am not proposing
that there is one definitive way to teach this topic, the following ideas are intended as
suggestions only. However, an ideal course structure should emphasize each of the
four stages in the experiential model, and I shall make specific recommendations
regarding course design elements that may be used for each stage.
2
For a sample of negotiation course outlines from leading instructors, see outlines included on this website
or contact instructors at the web lists listed in the Additional Resource Materials section of this website.
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Theory and Concepts – Most academic courses emphasize theory and scholarly
research. Negotiation is no exception. There is a large volume of material available on
the negotiation process, written from many different perspectives (e.g., psychology,
economics, communications, sociology, law, and political science). Instructors seem to
prefer all varieties of textbooks, research books and articles, or mass-market
publications written largely for practitioners. The following topics are addressed in most
negotiation courses through lectures or assigned readings:
1. The dynamics of interpersonal and inter-group conflict,
2. An overview of the negotiation process;
3. The economic structure of negotiation, and some exposure to game
theoretic models;
4. The basics of competitive, distributive, win-lose negotiation;
5. The basics of collaborative, integrative, win-win negotiation;
6. Negotiator ethics;
7. The use of power, and negotiating in unequal power relations;
8. Communication and perception dynamics;
9. Multiparty negotiations, including negotiating coalitions, and negotiations
within groups and teams
10. The nature of negotiations across national cultures;
11. Individual differences in personality and gender as they affect
negotiations;
12. Approaches for resolving unproductive negotiations, including the use of
third parties.
Intentions/Predictions – Intentions and predictions are ways that the negotiator
translates theory and concepts into practice. Whether it is a desire to try a different
strategy in negotiation, or apply a concept from the reading, students should be
specifically encouraged to engage in planning and goal setting prior to negotiations.
This may be accomplished in the following ways:
1. Requiring students to engage in a planning process prior to simulated
negotiations, or to real-world experiences. Planning may include
preparation of information and arguments, setting negotiation goals and
objectives, predicting the opponent‘s objectives and personal style, and
selecting a strategy to achieve the goals.
2. Requiring students to “experiment” with new behaviors. Instructors often
make a point to encourage students to simply try out different negotiating
styles and approaches. Students may be encouraged to try more
cooperative or competitive behavior, be more or less talkative, or assume
positions of power contrary to their normal experience. The assumption
is that the class provides a safe environment in which to try new behavior
and gain feedback from others, but without endangering the substance of
an agreement or the long-term relationship between the parties that is at
stake in real negotiations.
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Students may also be specifically encouraged to practice the prescribed
behaviors of a particular model, such as different ways to achieve integrative
agreements, or different ways to act as a third party in resolving a dispute.
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Finally,
students might learn new behaviors by imitating a model that negotiates correctly
(according to some prescriptive theory or framework). This process is analogous to
watching the tennis pro’s technique with a backhand swing, or watching video, and then
trying it yourself. While behavioral modeling has been used a great deal as a way to
master complex skills, remarkably little if any training in negotiation has used either live
or video models as a way to teach negotiation skills.
Actual Behavior – The primary vehicle for introducing actual negotiating
behavior in class is through role-playing and simulations. Some instructors use role-
plays and simulations at the beginning of a course, to acquaint students with the
behavioral dynamics before the conceptual material is addressed; others use them in the
middle or later parts of the course, to illustrate key principles or demonstrate the
complexity of a large inter-group negotiation; still others use them throughout the course,
beginning with simple scenarios (games and one issue negotiations), and building
toward more complex negotiations as the course progresses.
Role-plays and simulations may be conducted during class time, or they may be
set up at the end of a class, to be completed by the students on their own. I suggest
instructors use several of each kind. In-class activities allow the instructor to describe
the simulation and instructions clearly, monitor student behavior closely, and debrief
events “on the spot.” However, simulation effectiveness may be constrained if the
classroom facility does not have sufficient “break out” space for groups to meet and work
independently, or if the allotted time is inadequate. In contrast, simulations apart from
classes allow students to prepare at their leisure, control (and manipulate) the time and
place of negotiation, meet as often as is necessary, use breaks and recesses
strategically, etc. A twenty-minute in-class simulation between very competitive students
may consume three or four hours outside of class.
Grading – Several instructors have experimented with grading students on their
negotiating behavior. Some use simulations that allow various settlement packages to
be scored with point schemes (c.f. some of the DRRC exercises) and assign grades
based on the number of points won. With other simulations, grades can be determined
on the basis of who negotiated the better package for each party in the dispute, or who
invented the most integrative solutions. Unfortunately, there appear to be very few
efforts to evaluate students on the effectiveness of their behavior rather than on
outcomes.
Grading on the basis of actual negotiating outcomes is viewed as realistic by
some students, particularly those who already negotiate well, but as troublesome by
those who expect to have their performance judged by more traditional academic
methods.
Reaction and Reflection – Negotiation instructors who use simulations must
also devote ample class time to debriefing students about these experiences. There are
several objectives for the debriefing process:
3
All topics and a more specific list of references are covered in Negotiation, 6th Edition, by Lewicki, Barry
and Saunders, McGraw Hill.
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1. To compare and evaluate the different outcomes achieved by different
subgroups;
2. To compare and evaluate the different planning and strategizing
processes that led to these outcomes;
3. To help students compare and evaluate the differences between their
intended actions and what may have actually occurred;
4. To use the simulation to highlight key conceptual and theoretical points;
5. To create the opportunity for students to note deficiencies in their own
behavior, or the negotiation process, and to define implicitly or explicitly
new or different ways to behave.
There are many ways to achieve the reaction and reflection objectives through
course structure and design. First, students may discuss the simulation after it has
occurred, or they may complete some form of standard “debriefing” questionnaire.
Second, simulations may be videoed, and students may be asked to watch and critique
their behavior. Third, students may be asked to prepare a formal written analysis of the
simulation, applying theories and concepts to the situation or setting explicit goals for
future behavior. Instructors frequently use these application papers or journals to
encourage students to monitor their own behavior and apply theory as appropriate.
Finally, students may also be required to complete a comprehensive assessment of their
own “negotiating style.” Data for this assessment can be generated from reflection on
their behavior in the simulations, feedback from other students and by completing one or
more personality self-assessment questionnaires on dimensions related to negotiation
such as conflict management style, assertiveness, ethics, etc.
Negotiation case studies are another major learning vehicle in the reaction and
reflection phase. Cases expose students to the negotiating behavior of others,
encouraging examination of behavior in the context in which it occurs. Theories,
concepts and models are also provided to enrich intellectual comprehension. Cases are
discussed in class or may be given as examinations to test successful analysis and
application of theory. Videos are also good case material, allowing students the
opportunity to observe nonverbal behavior and strategic nuances as well as negotiation
techniques. Unfortunately, few quality case-oriented films and videos have been
available for instructional use (see the Additional Resources file), but this situation is
changing. Instructors and encouraged to use a major search engine, searching
“Negotiation Videos’, as this situation changes rapidly.
Differences Among Learning Populations – Whether the instructional module
is two hours, one day, three days or an entire semester, the instructional design should
include all four elements of the experiential learning module. This cycle may be
completed once in a short program, or multiple times in a longer program or course.
Measurement may be formal, as in graded examinations and papers, or informal, as by
simply noting behavior. Moreover, students should be encouraged to continue to keep a
personal journal to monitor their negotiating behavior and compare goals set prior to
actual negotiations with the results of the process. As in any skill development program,
consistent monitoring and practice of new and different behavior is more likely to lead to
behavior change and enhanced effectiveness.
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In addition, different student populations should probably receive varying
exposure to different components of the learning module. University students are more
comfortable with theory and abstraction, and more able to work with conceptual models
that may not have ready application. In contrast, executives and practitioners are
generally immersed in the behavioral dynamics of the process, but are less facile with
the complex theoretical abstractions. Instructors working with these latter groups will
find it more useful to limit conceptual input to “friendly theories”: those that are less
abstract, or immediately tied to in-class simulations, case analyses, or elaborate,
relevant examples.
Unique Problems In Teaching Negotiation
I believe that teaching negotiation and conflict management creates several
unique challenges and problems that instructors do not typically encounter in other
courses. I will now describe some of these challenges.
1. The Volatility and Unpredictability of Classroom Dynamics. Most negotiation
instructors are intellectually aware of the dynamics of conflict. Competitiveness and
conflict lead to heightened emotions, distortion of perception and judgment,
misattribution of the causes of behavior, heightened cohesiveness in one’s own group,
and the enhanced likelihood of behaving unproductively and unethically. However, it is
one thing to understand these dynamics intellectually and recognize them in others, and
another to experience and manage them.
Because of these dynamics, courses in conflict, power, and negotiation often
energize and motivate students, making classes exciting. Events occur that students
remember long after the course is over and the intellectual content is forgotten. There
is, however, a negative side to these dynamics: students will often be angry at one
another and sometimes at the instructor. They will say things they don’t mean, and do
things for which they do not understand the consequences. They will get carried away
by the moment yet be surprised or even remorseful later.
The instructor, who cannot run away from such situations, must be comfortable
around others who are in conflict. Sometimes an instructor is unwittingly entrapped in
these dynamics, becoming “part of the problem” rather than an uninvolved observer.
Because classroom events are not always predictable and plan-able, an instructor of a
course dealing with negotiation and conflict management should be prepared to
address, manage, and integrate spontaneous classroom events with the learning
objectives of the course.
2. Multiple Instructor Roles. In a traditional academic course, the instructor has
clear-cut role responsibilities: to structure a coherent course outline, lecture, facilitate
discussion, and evaluate student performance. However, by virtue of the variety of
educational experiences described earlier, as well as the unpredictability of conflict
dynamics, instructors in negotiation courses are placed in multiple (and often conflicting)
roles. Instructors must continue to act as formal educators, but also have enhanced
responsibilities as classroom managers, referees, mediators and counselors. While
these roles and accompanying responsibilities may appear to be distinct and explicit, in
practice they are frequently vague or in direct conflict. Following are some guidelines for
each role:
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Educator/Evaluator. The instructor’s responsibilities are, as just outlined, to
structure the course, to be an expert in the conceptual foundations of conflict and
negotiation, to convey that expertise through lectures or readings, to facilitate classroom
discussion, and to evaluate student learning and performance.
Classroom Manager. The instructor’s job is to orchestrate the learning
experience. Role-plays need to be planned with regard to preparation and distribution of
materials, securing adequate facilities, time scheduling, and organizing students into
groups. Before an exercise is concluded, students should discuss the exercise and
abstract key points. Simulations are useless activities without this analysis. Finally,
applications should be drawn to the major conceptual points.
Regulator/Referee. The instructor’s responsibilities are to define the boundaries
for appropriate and inappropriate behavior in the classroom and in simulations. The
instructor will frequently become the policeman, prosecutor, judge and jury in setting and
enforcing rules. Some of those rules are academic, while others are procedural and
relate to the simulation. The instructor must decide which rules to make, how to enforce
them, and what to do when they are broken.
Mediator/Counselor. Finally, as noted earlier, students often become angry and
entrapped in the conflict dynamics. Negotiations may have deadlocked, or ended in
betrayal. Yet for the educational process to proceed, students must be able to detach
themselves sufficiently to assess events and behavior and move on to other activities.
The instructor’s job is to help the class achieve this balance, and frequently requires
intervention as a mediator or counselor.
Role conflict for the instructor consistently occurs among these various role
responsibilities. These conflicts arise when student and instructor disagree on the
appropriate role to be taken, or when an instructor must assume several different roles
and each prescribes a different behavior. Management of these conflicts can
significantly enhance or detract from the instructor’s enjoyment of a course, student
learning in a course, and student satisfaction with the course. Examples of such conflict
are:
Students try to anticipate the instructor’s implicit models for effective
negotiating behavior. As a result, they are afraid to be spontaneous, take
risks or try new behaviors because they believe the instructor will use grades
to punish them (conflict between the Evaluator and Educator roles).
Instructors must decide whether to allow students to behave destructively,
and to discover the consequences for themselves, as opposed to stopping
that behavior and depriving the student of the learning experience. Similarly,
instructors must decide when to stop a simulation to curtail escalating conflict
(Educator and Referee roles).
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Instructors often require students to analyze their behavior through self
assessment papers and journals. Some of the least experienced and most
destructive student negotiators are blind to their own behavior and the
consequences it has for others. Instructors need to critique this behavior in
their feedback on the paper; yet the student must believe that the academic
grade awarded on the papers reflects the quality of analysis, not the behavior
itself. In short, academic assessments must be seen as independent of
judgments about the effectiveness of negotiating behavior (Evaluator and
Counselor role).
Resolution of Instructor Role Conflict. The examples just noted are only a
few of the role conflicts the instructor will experience. Each conflict offers the instructor a
dilemma and a choice point for effective course management. Based on my experience,
there are several key principles that may be used to guide the instructor’s resolution of
these choice dilemmas:
Be explicit with students about the instructor’s multiple role responsibilities,
and the inevitability of role conflict whether real or perceived. These
possible role conflicts should be discussed on the first day of class, when
students may hear the problem but not understand it. They may then be
repeated as the need arises in the course.
Be explicit with students in advance about the formal criteria for grading in the
course, and how the criteria will be applied. This is a principle of good
teaching in any classroom, but it is even more critical in a negotiation course.
Explicit and independent criteria help students believe that the grading
process is independent of their behavior or an instructor’s “whimsical
judgment.”
Be clear that students should do as they please, but that they are responsible
for the consequences of their behavior. In a course that requires extensive
role-playing and simulation, students frequently use instructors as a target for
both dependence and counter-dependence. These projections help to
confound the instructor roles. For example, on the one hand, students fear
that if they misbehave in a simulation (e.g., act exploitatively or unethically),
their grade will be affected. So they act inhibited, or ask the instructor’s
“permission” to behave in ways they ordinarily would not. On the other hand,
students also believe that the instructor will stop, control, or regulate
undesirable behavior; hence they behave more competitively or outrageously
than they might otherwise. The instructor should make it clear that students
not only make their own choices about their behavior, but also must live with
the consequences of that behavior. If they choose to behave competitively or
unethically and engender anger or mistrust among their classmates, these
are realistic consequences that cannot be avoided.
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3. Regulating Classroom Dynamics. There are a number of other procedural
rules that are necessary and useful for instructors to stipulate, such as the following:
• All behavior, including behavior in simulations and roleplays, is “real.”
Students sometimes try to argue (usually ex post facto) that role-playing and
simulations are not “real” because there are no actual outcomes and people play
artificial roles. These arguments are often used to avoid taking responsibility for
their behavior or its consequences, or to deny the impact of that behavior on
others. Moreover, they argue that they certainly would have behaved differently
had this been a “real” situation. Instructors will recognize this behavior as
defensive and myopic, yet often feel frustrated in their inability to persuade the
student that this is a limited and perhaps distorted view. Instead of becoming
entangled in such arguments, it is usually easier to have students accept the
initial premise that all behavior in the course is “real,” that they make choices
about the way they behave, that behavior has consequences and they must be
willing to live with them. The stakes may be different outside the classroom, but
the behavior is no less real.
It is imperative that the confidential information provided in most role-playing
scenarios will in fact be treated as confidential. Instructors should routinely insist
that students not read the opposite side‘s information, or excuse themselves from
the exercise if they are aware of the other side’s confidential information.
Small groups negotiating within the context of a larger course should view
behavior as independent and autonomous from other small groups. This is an
extension of the previous procedural rule on confidentiality, but applies to
discussing the role-play with other students in the course before they have
completed the exercise. Gaining confidential information from other groups that
may have already completed negotiations, etc. will be viewed in the same light as
reviewing the other side’s confidential briefing documents.
The behavior of individuals and groups within the boundaries of the course
should be held in strict confidence. Courses in negotiation typically occur within
a larger academic context, in which students may know one another very well.
Behavioral dynamics in the course may frequently become the subject of
discussion and gossip outside the course, perhaps embarrassing students who
are not proud of their behavior. Students should be encouraged to respect the
rights of others and to refrain from out-of-class discussions.
4. Unethical Conduct. Violations of confidentiality are only one form of ethical
violation. Students may “bluff” about their position, or tell an outright lie. They may spy
on another’s planning session, or steal the other’s documents. They may try to bribe or
influence a referee. Instructors should treat these events as important dynamics that
need review and attention. Moreover, while instructors frequently set aside one or more
classes to discuss ethics specifically, I believe that the best discussions occur “on the
spot,” as perceived ethical violations occur and are challenged. I suggest the following
strategies for discussing ethical issues:
Make note of the issues raised and bring them up in the debriefing of an activity
(particularly if students do not raise them).
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Do not take a normative position as the instructor. Instead, work to elicit the
perceptions and perspectives of the actor, those affected by the action, and
observers.
Use the discussion to develop an agreement on the implied ethical “rule” that
may have been violated (e.g., “Lying is bad”). Test out whether everyone agrees
that this is the rule, whether the rule applies in this case, and whether the rule
has been actually violated. The odds are that the class will not be unanimous on
this point.
Use the rule and its perceived violation to highlight how people disagree about
the rules that govern competitive social behavior. Also, point out how the
distorted perceptions that accompany conflict enhance the debate about
perceived ethical violations and their appropriateness.
5. Extreme Emotionalism, Revenge and Violence. Students, and even
experienced instructors laugh nervously when this is mentioned. However, “truth in
packaging” requires that I admit that occasional episodes of extreme emotion, revenge,
and violence do occur.
Students don’t believe that anyone would ever get that upset over a “silly” simulation;
many inexperienced instructors don’t believe it either. Yet people become very upset
when betrayed, duped or ignored. Heated words and accusations can lead to long-
standing feuds, revenge, and even physical confrontation. The following steps are
recommended to prepare for this possibility:
A “no violence” rule should be announced at the beginning of the course.
Students may laugh it off, but the point should be made clear.
Instructors should instantly terminate a simulation or role-play when passions
become extreme. Announce that the exercise is over, separate the parties, allow
individuals to calm down, and/or call a break. When passions cool, reconvene
that group and have people come to grips with what occurred. I strongly
recommended that students be encouraged to “ventilate” by talking about how
they feel, but not by hurling accusations at the other side and resuming the fight.
I decidedly do not recommend that the instructor dismiss the class and ask
people to “cool off and come back next week.” This only allows students to
continue the dispute outside the classroom, and to protract the feud in the
broader academic culture by spreading rumors, building alliances and allowing
the feud to surface in other courses.
6. Negotiating Rules and Procedures With Students. There are usually one or
more students who will attempt to use the substantive topics of the course as a rationale
for testing the instructor. If, as the instructor may maintain, many things in the world are
negotiable, then why not the course requirements, rules and procedures? These
students will either explicitly attempt to renegotiate the rules due dates, content of
assignments, exemption from assignments or defy the rules and then attempt to
negotiate the consequences. Other students will explicitly state that the best way to
evaluate students in the course is by grading their negotiating effectiveness with other
students or with the instructor. Finally, others will attempt to renegotiate grades and
evaluations.
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Some instructors are comfortable simply saying “no” to these students, enforcing
the preset rules and procedures. Others are torn by the compelling persuasiveness of
the arguments, or perhaps their desire to reward the innovative and enterprising student
who creatively challenges the system. Once again, there are no hard and fast answers,
but my recommendation is to stick with the explicit rules.
The fairness and equity of the grading system is at stake in this discussion. If the
instructor plans to evaluate academic performance based on examinations or papers,
then students believe this system will be consistently applied to all. If some students can
successfully renegotiate their academic obligations with an instructor, the instructor’s
fairness is called into question. An instructor cannot reward such entrepreneurial
initiative by one student without conveying the impression that the rules are not
systematically and uniformly applied. Such negative perceptions are ultimately
detrimental to an instructor’s evaluation and adjudged effectiveness by the class
majority. The instructor will lose credibility and respect in the eyes of the students.
GOOD LUCK!
REFERENCES
Kolb, D., Rubin, I.M., and McIntyre, J.M. Organizational Psychology. 4th Ed.
Englewood Cliffs, N.J.: Prentice Hall. 1983.