“Settle or litigate”: a procurement game

Why mediation needs a game table

Mediation in public procurement is discussed increasingly often. Yet it is difficult to observe negotiation skills and mediation techniques in action because real negotiations take place behind closed doors. An interactive game creates a safe environment in which to experience them.

“Settle or litigate” is Russia’s first original training game to recreate a mediation procedure at the table. This version focuses on bidding and takes participants through the entire procurement cycle: from identifying a need to performing obligations and resolving a dispute over the result.

From the Novgorod Republic to modern procurement

In medieval Novgorod, “to settle” meant to negotiate and agree the terms in advance. “To litigate” meant resolving a dispute according to established rules, evidence and honour rather than force.

The logic remains surprisingly familiar. Replace a medieval agreement with a contract, the public assembly with a procurement commission, the court with competition authorities and arbitration, and a birch-bark document with an electronic procurement record: the result resembles the daily work of a procurement professional.

The game grew from this dialogue between eras. It was conceived by Yulia Dubinina and developed by Vitaly Shemyakin.

Negotiate first, perform the agreement and only then, if necessary, resolve the dispute according to clear rules.

How the game works

Participants become Novgorod nobles. Each has individual interests, resources and a reputation, while the city continues around them: trading, agreements and disputes all unfold at once.

Four actions available to a player

• Negotiate: make agreements, discuss price and deadlines, find partners and build a reputation.
• Perform obligations: deliver, build, provide and remain accountable for quality.
• Litigate: resolve a dispute when an agreement is breached, using facts and witnesses rather than volume.
• Win: achieve a result without sacrificing long-term reputation for a short-term gain.

Modern mechanics in a historical setting

• a merchant’s needs card becomes a technical specification;
• market bargaining becomes a competitive procedure;
• an agreement with a noble becomes a contract;
• a short delivery becomes a claim process;
• the city court becomes competition authorities, arbitration and supervisory bodies;
• a damaged reputation becomes an entry in the register of bad-faith suppliers.

In one session, participants experience situations that take months in professional practice. They see procurement as one connected process, identify risks earlier and understand why procedures need both trust and clear agreements.

Who benefits from the game

The game helps procurement participants view a situation from another party’s perspective and test decisions without real financial or reputational losses.

• Contracting authorities can understand supplier logic and identify where conflicts begin.
• Suppliers can experience the pressure of public interest and procedural restrictions.
• Contract managers and lawyers can practise negotiation and procedural skills.
• Supervisors and experts can examine procurement from several positions at once.
• Executives can gain in one short session insights that usually take years to accumulate.

What remains after the game

The main outcome is lived experience that no manual can provide. Participants learn to discuss procurement more precisely, recognise another party’s interests and turn a dispute into a manageable negotiation process.

The game table also creates professional connections. A shared scenario reveals negotiation styles, strengths and habitual behaviours more quickly than a conventional introduction at a business event.