The Common Driveway Mr./Mrs. Green For over thirty years David and Lorraine Wilson lived and raised...

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The Common Driveway Mr./Mrs. Green For over thirty years David and Lorraine Wilson lived and raised a family in their dream house that they purchased shortly after their marriage. Now in their retirement years the Wilsons have encountered an unexpected problem their new neighbors. Until six months ago the Wilsons best friends, Edna and Hazen Vrooman lived next door in a house they built only shortly after the Wilsons moved into their home. Since the two lots were small, the Vroomans and Wilsons agreed to have a shared concrete driveway poured the year they both built detached garages in their back yards. The two families never had a problem sharing a driveway even during the years when their children became teen drivers and both houses had more than two cars. Everyone either parked in the rear inside or near the garage, or on the street, thus leaving the driveway open for ingress and egress. Last year both of the Vroomans passed away and their house was sold to a younger couple, George and Amanda Green. The Greens have three teenage children, all of whom have cars. On several occasions since the Greens moved in the house next door to the Wilsons, one of Green family has left a car parked in the shared driveway, thus blocking it from use by the Wilsons. On Memorial Day the driveway was again blocked, causing Mr. Wilson to call Mr. Green, and the following conversation took place: Mr. Wilson: Mr. Green one of your cars is blocking the driveway again, and we need to leave. Mr. Green: Sorry, I'll find out which one it is and move it. Mr. Wilson: Thanks, but this problem seems to occur every day, can we meet to discuss how to resolve it? Mr. Green: Sure, I'll be right over... (The Wilsons meet Mr. Green on their front porch) Mr. Wilson: We want to be good neighbors, but we should be able to get in and out of our garage without waiting for you to move a car. Mr. Green: I understand, I tell the kids to park on the street or in the back, but you know how kids are these days. Mrs. Wilson: Well, when our kids and the Vrooman kids were young and drove cars we never had this problem, they knew not to park in the driveway. Mr. Green: I'll talk to our kids, they are not bad kids, just forgetful. Mrs. Wilson: You've said that before, but the problem has only gotten worse. Mr. Green: Well, while we are together, your oak tree is well past its prime, last week I had a tree surgeon look at it because several large limbs have fallen on our property. He said it needs a considerable trimming of the deadwood, which could cost $3,000. He also said it needs to be done soon! Mrs. Wilson: Edna Vrooman and I planted that tree together as a sign of our friendship the week they moved in, whenever I look at it I think of her...she was my best friend. Mr. Green: Sorry, I didn't realize that...I'm sure you miss her, but some of the dead limbs reach out over our house and if they fell they could injure someone or do some real damage. Mr. Wilson: Since you are bringing up other issues, can you ask your children to not hold their band practice in the garage so late in the evenings? They are good, but it keeps me awake. Mr. Green: We could set a curfew for them, if you can have your tree trimmed. Mrs. Wilson: But what about the driveway, we must be able to get in and out without calling you every day. Mr. Green: Well, the driveway is right on the dividing line of our two properties, I had it checked out at the courthouse by my lawyer. She said we can do whatever we want on our half of the drive. Mr. Wilson: But half a driveway is no good, you'd be driving on the grass and mud. Mr. Green: Maybe we could look into widening it? Mr. Wilson: That would be expensive, it's so long, and we live on Social Security and just don't have the money for something like that, or trimming the tree. Mr. Green: Well, we are not getting anywhere today. I need to talk with my wife and our lawyer... Mr./Mrs. Green Your task is to negotiate a brief agreement that would settle all the issues in a fair & reasonable manner. Settle this with your neighbor if at all possible. First, answer: 1. What is your BATNA? WATNA? 2. List all of the issues that need to be settled in this conflict. 3. What is the general balance of power in this situation? 4. What can you say to your neighbor or do to shift the perceived balance of power to your favor? 5. Proceed with your negotiation and report how it goes. The Common Driveway Mr./Mrs. Green For over thirty years David and Lorraine Wilson lived and raised a family in their dream house that they purchased shortly after their marriage. Now in their retirement years the Wilsons have encountered an unexpected problem their new neighbors. Until six months ago the Wilsons best friends, Edna and Hazen Vrooman lived next door in a house they built only shortly after the Wilsons moved into their home. Since the two lots were small, the Vroomans and Wilsons agreed to have a shared concrete driveway poured the year they both built detached garages in their back yards. The two families never had a problem sharing a driveway even during the years when their children became teen drivers and both houses had more than two cars. Everyone either parked in the rear inside or near the garage, or on the street, thus leaving the driveway open for ingress and egress. Last year both of the Vroomans passed away and their house was sold to a younger couple, George and Amanda Green. The Greens have three teenage children, all of whom have cars. On several occasions since the Greens moved in the house next door to the Wilsons, one of Green family has left a car parked in the shared driveway, thus blocking it from use by the Wilsons. On Memorial Day the driveway was again blocked, causing Mr. Wilson to call Mr. Green, and the following conversation took place: Mr. Wilson: Mr. Green one of your cars is blocking the driveway again, and we need to leave. Mr. Green: Sorry, I'll find out which one it is and move it. Mr. Wilson: Thanks, but this problem seems to occur every day, can we meet to discuss how to resolve it? Mr. Green: Sure, I'll be right over... (The Wilsons meet Mr. Green on their front porch) Mr. Wilson: We want to be good neighbors, but we should be able to get in and out of our garage without waiting for you to move a car. Mr. Green: I understand, I tell the kids to park on the street or in the back, but you know how kids are these days. Mrs. Wilson: Well, when our kids and the Vrooman kids were young and drove cars we never had this problem, they knew not to park in the driveway. Mr. Green: I'll talk to our kids, they are not bad kids, just forgetful. Mrs. Wilson: You've said that before, but the problem has only gotten worse. Mr. Green: Well, while we are together, your oak tree is well past its prime, last week I had a tree surgeon look at it because several large limbs have fallen on our property. He said it needs a considerable trimming of the deadwood, which could cost $3,000. He also said it needs to be done soon! Mrs. Wilson: Edna Vrooman and I planted that tree together as a sign of our friendship the week they moved in, whenever I look at it I think of her...she was my best friend. Mr. Green: Sorry, I didn't realize that...I'm sure you miss her, but some of the dead limbs reach out over our house and if they fell they could injure someone or do some real damage. Mr. Wilson: Since you are bringing up other issues, can you ask your children to not hold their band practice in the garage so late in the evenings? They are good, but it keeps me awake. Mr. Green: We could set a curfew for them, if you can have your tree trimmed. Mrs. Wilson: But what about the driveway, we must be able to get in and out without calling you every day. Mr. Green: Well, the driveway is right on the dividing line of our two properties, I had it checked out at the courthouse by my lawyer. She said we can do whatever we want on our half of the drive. Mr. Wilson: But half a driveway is no good, you'd be driving on the grass and mud. Mr. Green: Maybe we could look into widening it? Mr. Wilson: That would be expensive, it's so long, and we live on Social Security and just don't have the money for something like that, or trimming the tree. Mr. Green: Well, we are not getting anywhere today. I need to talk with my wife and our lawyer... Mr./Mrs. Green Your task is to negotiate a brief agreement that would settle all the issues in a fair & reasonable manner. Settle this with your neighbor if at all possible. First, answer: 1. What is your BATNA? WATNA? 2. List all of the issues that need to be settled in this conflict. 3. What is the general balance of power in this situation? 4. What can you say to your neighbor or do to shift the perceived balance of power to your favor? 5. Proceed with your negotiation and report how it goes.

Answer rating: 100% (QA)

Negotiation with the Greens 1 BATNA WATNA BATNA Best Alternative to a Negotiated Agreement The Wilsons BATNA is to seek legal advice regarding the shared driveway and potentially pursue mediation or f... View the full answer