$0.00 – $6.00
Patrick Field and Tracy Dyke
A two-team (four-party), co-mediated, multi-issue negotiation simulation involving a bitter property tax dispute between a small town and an Indian band living on a nearby reservation
SCENARIO:
Summitville Service Agreement is a two-team, four-party, co-mediated, multi-issue simulation involving a property tax dispute between the small Canadian town of Summitville and the Antler Cove band living on a reservation just outside town limits.
The context of the dispute is that the Band has recently gained the right to tax non-Indian properties on its reserve land, and therefore the town can no longer tax those properties. Consequently, tax revenues are no longer available to the town to fund municipal services, and the Band and town must negotiate how those services will be provided to reserve land and at what cost to the Band. The key issue is a difference in perception regarding taxation authority. The town views this negotiation as simply defining a fee-for-service arrangement, where the Band should reimburse the town for municipal services that the town provides to Band property. In contrast, the Band perceives that the town is trying to infringe upon its sovereignty by requiring payment for town administration expenses when the Band is running its own government.
While the substantive issues related to crafting an acceptable service agreement are real and difficult, participants may discover through the mediation process that the broader relationship between the town and the Band must also be addressed.
MECHANICS:
Time require (5 hours total):
- 45 minutes for preparation
- 3.5 hours for simulation
- 45 minutes for debrief
Group Size:
- 6 participants (4 parties and 2 co-mediators)
Materials required:
- General Instructions, including map and letters to the editor
Confidential Instructions for:
- Mayor of Summitville B. Bolton (Town Representative)
- Town Administrator T. Steeves (Town Representative)
- Chief of Antler Cove Band A. John (Band Representative)
- Band Administrator S. Robert (Band Representative)
- Two co-mediators
- Game logistics
- Flip charts and Markers
TEACHING POINTS:
- Zone of Possible Agreement (ZOPA) on key issues
- Managing hierarchies within and across organizations
- The mediators' role in framing the issues
- Activity and style of the mediators
- Maintaining control of the process and enforcing ground rules
- Challenges and advantages of co-mediation
Summitville Service Agreement Attributes
Time required: | 5 or more hours |
---|---|
Number of participants: | 6 |
Teams involved: | Yes |
Agent present: | Non-lawyer |
Neutral third party present: | Mediator |
Scoreable: | No |
Teaching notes available: | Yes |