Negotiating The Preservation Of Wagner's Teotihuacan Murals Essay.

1.Who are the stakehoders? Identify them and describe their interests, goals, BATNAs, WATNA.

2.Discuss what distributive issues exist and where are the opportunities for cooperation?

3.What are Seligman’s options?

4.If you were in Seligman’s position, what would you do? Describe the possible negotiation strategy and tactics you recommend and explain why?

5.Explain the role of culture in this case?

6.How would you use information concerning communication pre-dispositions in preparing for this negotiation?

Identifying Stakeholders and their Interests

1.In this case the stakeholders include Newman who is the board of trustees, Ian White the director of the Fine Arts Museum of the people of San Francisco and Judith Teichman as well as Thomas Seligman the director of the Sanford University Museum of Art. Seligman is a curator at the San Francisco University Museum of Art. Therefore, his primary goal is to safeguard the murals as a way of preserving culture for the future generations.  Accordingly, the target of Seligman is to ensure that there is existence of a successful negotiation between the Mexicans and the people of the United States of America to secure and preserve the murals. Teichman is the deputy city advocate in charge of the city as well as the county of San Francisco. In the case of this context, Teichman gives Seligman the directives on how to deal with the case of Wagner’s Teotihuacan murals which have to be taken to the Fine Arts museum for preservation and protection. According to the Judith Teichman with regard to the “Charitable Trust” law of the city and the county of San Francisco there is no property which can be given out minus “just compensation”. Consequently, basing on Teichman’s statement it means that even though it is the responsibility of Seligman to safeguard the pre-Columbian murals left by Herald Wagner after his death. In this case, Teichman’s interest is to see to it that despite the fact that Wagner’s passing on he should be compensated justly after his murals are taken by Seligman for preservation.  

However, while Seligman is neither conversant with Wagner nor with his collection as a curator of the Art of Africa Oceania and the Americans (AOA) he has the responsibility to examine and probably take control of Herald Wagner murals. As a result, Seligman seeks direction from Judith Teichman who is a lawyer for the city and the county of San Francisco to know the customary process to be undertaken for bequests of Wagner’s murals.

2.The distributive issues comes in during the extraordinary gift when Thomas Seligman receives a telephone call from the probate department of Croker National Bank. This is after the passing on Harald Wagner the San Francisco architect in 1976. Therefore, the passing on of Wagner meant that Seligman is bequeathed the responsibility of taking care of the pre-Columbian murals as well as other objects to San Francisco’s de Young Museum. Although, Seligman was not conversant with Wagner in addition to his collection, as AOA curator at the Fine Arts Museums of San Francisco which also comprised de Young Museum was supposed to take full responsibility of Wagner’s possessions and objects. On receiving the information Seligman directed the bank to Judith Teichman who is the city attorney for the city as well as the county of San Francisco since it was a routine process for donations. After a period of two months Seligman accompanied with one officer of the bank met at Wagner’s home and on reaching the house Seligman was surprised by the colourful painted murals which consisted of different sizes. After surveying the murals contained in Wagner’s house Seligman realised that a majority of the works of arts had their origin from the pre-Columbian culture of Teotihuacan. Teotihuacan is legendarily known for large pyramids of the sun and moon whose origin is Mexico City. Accordingly, these works of arts are of great significant cultural aspect. However, most of the murals fragments were in a deteriorating condition with most of the objects having been damaged. Only a few had little protection. Nonetheless, Seligman noticed that unprofessional efforts had been undertaken to preserve most of the murals which had been done by filling cracks with plaster, waxing and overpainting some of the original surfaces. Accordingly, this is an indication that these murals had been badly damaged hence calling for urgent protection.

Distributive Issues and Opportunities for Cooperation

The good lack is that with the calling of Seligman who is a curator at the San Francisco University Museum of Art. Therefore, that means that Wagner’s murals would be saved from further damage and destruction. In addition, there certain policy issues that ought to have been considered and that would start with the acquisition of the Fine Arts Museum’s which was largely articulated. Consequently, the Teotihuacan murals would act as a basis for the case of application of the policy’s which in return could set an example for the museum and the community as a whole. In essence of this policy’s Seligman had to consider the wider impact that the bequest would have in setting a precedent for other museums in the United States. Particularly, Seligman’s hope was in the United Nations Educational Scientific and Cultural Organization (UNESCO’s) Convention as a means to prohibit and prevent the illegal import, export and transfer of ownership of cultural property to provide significant insights in the bequest of Wagner’s murals. The reason for Seligman hoping for help from the UNESCO is because approximately forty nations had already signed the convention thus it could have served as a significant guide.            

3.Seligman’s options are to sustain the principles of UNESCO with the intention to save the Fine Arts Museum. Seligman is tasked with the responsibility to protect the murals. Therefore, in the case of Herald Wagner murals Seligman find it significant to inherit these objects since they are in a devastating condition and need immediate protection to avert them from further destruction. The reason for Seligman fighting for protection of the murals because of its cultural significance as well as their fragile conditions. Consequently, while the intention of Seligman is to preserve and safeguard murals his concern is the ownership issues surrounding it and the certification of the estate. Therefore, Seligman wanted the issue to be settled quickly. On the same note, in regard to the case of Herald Wagner murals he would have to convince other beneficiaries to forsake additional probable claims towards these murals. Consequently, despite the fact that there are various matters that need to be resolved in relation to the Wagner murals the bank is willing to start the procedure of setting the estate. As a result, Seligman requests that it would be better if the murals are immediately stored to prevent them from any further wear.       

4.If I were in the position of Seligman I would have strongly supported the concept of protecting and preserving murals for the sake of the future generation. Therefore, I would have used a judicial claim –judicial decision negotiation. Accordingly, this could have been done by allowing the Mexican government to seek for the return of the mural fragments through litigation means as called for by the 1971 Treaty of Cooperation. In this essence, the treaty agreement allow the United States attorney general the power to file a civil action in the United States district court on behalf of Mexico. Nevertheless, the attorney general is not able to find any evidence which shows that the mural found their way into the U.S after 1972, which is after the entry into the Treaty. Consequently, this led to failure of the legal action. As a result in this case the Mexican government was only left with the chance to negotiate with the Museum. Certainly, this is the reason as why negotiation started in 1978 because Wagner’s will had not yet been certified and the murals had not yet been acquired by the Museum.

Seligman's Options for Preservation

Indeed, this is a clear indication that the Museum agreed to negotiate with Mexico’s Institute of Anthropology and History of Mexico (INAH). In this regard, I would have only use a round table negotiation due to the various reasons related to the Wagner’s murals. In this case since the ethical aspects at stake has exceeded the complicated legal dispute. In this sense, this is a moral obligation that would help to find an acceptable compromise that will make sure the best preservation of the murals has been reached. Similarly, the round table negotiation allow each side to express their understanding regarding the murals. As a result, this could lead to cultural cooperation where the dispute over the Teotihuacan murals would be settled through a treaty that allow for the joint custody. Certainly, through a negotiated resolution it offers a balanced share for each side. In this case the negotiated resolution would allow a half of the murals being returned to the Mexican National Museum and the other half to the Fine Arts Museum and also share the conservation expenses. Accordingly, this would lead to the murals being exhibited at both organizations with credits noting the participation of each other. Generally, this would the most suitable to resolve the ownership conflict.              

5.In the case of the Teotihuacan murals the museum consisted of a range of functions such as preservation, acquisition, scholarship and interpretation related to murals as well as presentation of the collections. For instance in this case the museum are used as a source for preserving art and culture in addition to acting as venues for research and scholarship. Therefore, museum have been used for a range of services such as collection and preservation points, and as educators. Museums collect and preserve works of art. In this light, museum play the role of repositories of priceless artefacts and have the capacity to protect these artefacts from damage over time. In the museum, these artefacts are carefully safeguarded which help to improve the art works quality and condition which lengthen their stay. The collectors and preservers always keep on emphasizing on the value and significance of these works as well as their historical significance. Through coaction and preservation by properly storing and displaying these works of art to the general public it lead to its admiration and appreciation.

Similarly, museum are considered to be educational centres which allow individuals to learn about the ancient as well as modern civilization through preserved works of art. Therefore, museum act as a window for past worlds which play a significant part in helping the younger generation to understand their origin, particularly in the United States which a multicultural society where people are not able to visit their ancestral land. For instance, in California where a large population are of Mexican roots, the Teotihuacan murals play a major part by informing most people of their cultural heritage. Moreover, by teaching the general public through exhibitions, museum educate academicians by providing them with direct access to collections.          

6.In the case of information concerning communication pre-disposition in preparation for negotiation I would start with individuals in the inner circle of the museum organizations. Accordingly, studies in predispositions has shown that an individual’s capacity to communicate within an organizational setting is largely impacted by our experiences. Certainly, the information provided by the inner circle members would help to shed more light regarding the subject matter to be negotiated. As a result, such information will provide me with a basis and the way forward during the time of negotiation with the other party.