...NEGOTIATION S P E C I A L R E P O R T Program on Negotiation at Harvard Law School Helping you build successful agreements and partnerships Business Negotiation Skills 5 Common Business Negotiation Mistakes In this Special Report, the experts and editors from Harvard’s Program on Negotiation offer advice from past issues of the Negotiation newsletter to help you avoid common pitfalls and build better relationships and agreements with your colleagues, clients, and those closest to you. You will learn to: ■ Identify opportunities to expand the pie of resources. ■ Take steps to ensure you don’t overvalue your assets. ■ Guard against a backlash from less powerful parties. ■ Gain a keener understanding of what you really want. ■ Avoid being hurt by overcommitment to a deal. www.pon.harvard.edu $25 (US) Program on Negotiation at Harvard Law School Negotiation Editorial Board Board members are leading negotiation faculty, researchers, and consultants affiliated with the Program on Negotiation at Harvard Law School. Max H. Bazerman Harvard Business School Iris Bohnet Kennedy School of Government, Harvard University Robert C. Bordone Harvard Law School John S. Hammond John S. Hammond & Associates Deborah M. Kolb Simmons School of Management David Lax Lax Sebenius, LLC Robert Mnookin Harvard Law School Bruce Patton Vantage Partners, LLC Jeswald Salacuse The Fletcher School of Law and Diplomacy, Tufts University James Sebenius Harvard Business School Guhan Subramanian Harvard Law...
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...NEGOTIATION S P E C I A L R E P O R T Program on Negotiation at Harvard Law School Helping you build successful agreements and partnerships Business Negotiation Skills 5 Common Business Negotiation Mistakes In this Special Report, the experts and editors from Harvard’s Program on Negotiation offer advice from past issues of the Negotiation newsletter to help you avoid common pitfalls and build better relationships and agreements with your colleagues, clients, and those closest to you. You will learn to: ■Identify opportunities to expand the pie of resources. ■Take steps to ensure you don’t overvalue your assets. ■Guard against a backlash from less powerful parties. ■Gain a keener understanding of what you really want. ■Avoid being hurt by overcommitment to a deal. www.pon.harvard.edu $25 (US) Program on Negotiation at Harvard Law School Negotiation Editorial Board Board members are leading negotiation faculty, researchers, and consultants affiliated with the Program on Negotiation at Harvard Law School. Max H. Bazerman Harvard Business School Iris Bohnet Kennedy School of Government, Harvard University Robert C. Bordone Harvard Law School John S. Hammond John S. Hammond & Associates Deborah M. Kolb Simmons School of Management David Lax Lax Sebenius, LLC Robert Mnookin Harvard Law School Bruce Patton Vantage Partners, LLC Jeswald Salacuse The Fletcher School of Law and Diplomacy, Tufts University James Sebenius Harvard Business School Guhan Subramanian...
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...Immersion Program: Case Analysis (Winter 2011) Luna Pen Key issues The most important issues are that the Luna pen contributes the major sales of Global that reached to one fourth of total sales and Global is ready for a major expansion. It showed that there is already a good base of customers in Asia for the Luna pen, and it would be detrimental if Global were to lose the product. Whereas Luna pen produced a lot of profit to Global, DGG doesn’t want to be in the fountain pen business which weakens their lawsuit. Also, the company doesn’t have any real damages. The lawsuit would be expensive, there is not enough corporate support to pursue a lawsuit, and there is no guarantee that they will not be responsible for the costs of both parties in the lawsuit. A cooperative strategy is the only way DGG and Global can productively do business together. Global cannot do business in the American or Europe without an agreement with DGG. DGG cannot realize a benefit from Luna without an agreement with Global. The negotiation should be agreed on collecting past revenue, collecting future revenue, and selling or licensing the Luna name. An agreement for a percentage of profit will directly influence the compensation DGG receives. However, Mr. Feng will probably not be interested in a relationship unless a mutually beneficial agreement can be arranged. Alternative Strategies There’s a conflict situation showed here, for Erika, she doesn’t have much time to play...
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...Assessment of To Organize or Not to Organize Yolanda A. Wesley HRM534 Dr. Annette West January 26, 2016 An Assessment of To Organize or Not To Organize The discussion will pertain to “To Organize or Not To Organize” a union with the Foster Care Workers, who work for the City of Newport News Department of Human Services in Virginia. Within the discussion, safety regarding workers going on home visits alone and not in pairs; long working hours without proper compensation, and disagreements regarding strenuous agency policies which conflict with what the state guidelines reflect. A final decision on whether a union needs to be formed to improve working conditions or whether a union is not needed will be made by the end of this written. In addition, mission, purpose, and an objective statement for a strategic plan to organize a union will be created for the group of employees willing to join a union. All employees in the group will decide on a timeline for the execution of the union. In the event that management has any objections, the union will address the management with counter arguments to their objections to prove a point that a union is needed to improve the safety of employees. Foster Care workers complete “home visits” alone in low income and crime infested neighborhoods frequently. “On January 19 in Newport News, Virginia, 26-year-old Jamile Wilson stabbed St. Vincent’s Hospital-Westchester case manager Frances Mortenson, 47, during a home visit (http://www...
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...Hearing the voices of those who framed the debate and the Cherokee themselves allows the reader to appreciate exactly how complicated the situation really was. Pro-removal Americans make racist judgments of the Cherokee but cast their arguments in humanitarian rhetoric. Pro-emigration Cherokee harshly criticize the Cherokee leadership as corrupt and disdain traditional Cherokee culture. American defenders and the Cherokee leadership deploy legal and moral arguments in a futile efforttoforestallAmericanviolence. Yet the situation was even more complex than the editors convey. They ignore the very real class divisions within Cherokee society: the land- and slave-owning elite afraid of losing their property in the expulsion; the "middle class",...
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...Nonverbal Behaviours Cultural Differences in International Business Negotiations Nonverbal Behaviours Cultural Differences in International Business Negotiations Globalization embraces the free-market system which is driven by policies to allow the integration of markets in the global economy. By reducing trade barriers, it has promoted free trade - encouraging competition to spread globally. As a consequence, the global environment of business has become exceedingly challenging as the number of corporations competing in the world marketplace rise. The unprecedented growth of international business has become increasingly dependent on effective face-to-face negotiations between business partners from different countries which often have unique cultural nuances. Culture influences how people think, communicate and behave, which ultimately affects the way they negotiate. For example, many countries which utilize northern European, German, English, and Scandinavian languages are categorized as low context cultures, and rely on spoken words in order to communicate. Conversely, high context cultures, often pertaining to Asian and Arabic languages, are heavily dependent on nonverbal and situational cues. These differences in culture can lead to misunderstandings during international business negotiations, so it is imperative that all members involved are familiar and sensitive to the culture of the other party. A key component of successful international negotiation is...
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...where they live because of the surrounding area and they want money for all their medical bills. The lawyer from the opposing side offers the $250,000 and says he is firm about it. They then tell him that is not enough money and they start listing all the illnesses that have happened. The opposing lawyer states that these things could of happened because of lack of health, genes, poor high genes, etc. They bring up the fact that they are supposed to be negotiation a fair price for what has happened. The lawyer tells the opposing that he will bring it up to his clients but he knows it will not be enough. The opposing lawyer then says "do you know who we are?" and goes on to say they are part of some billion dollar corporation, pretending like he has some power over the other lawyer because of it. They basically just laugh at him and proceed to walk out. I believe that the first communication issue was truthfully non-verbal. The defending lawyer was very calm and sat properly so his non-verbal showed confidence. As for the opposing lawyer his non-verbal was the problem. He sat though he had some type of power over the defending lawyer and it shows a sign of weakness sometimes. People pay more attention to your hand movements and the way you sit or stand during a conversation then they do to what you are saying. If your body language does not match what you are saying people are going to taking in what your body language says instead (negotiatelikethepros.com) The second issue...
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...The Issue Quick Take Video subscribed to Nonlinear Pro’s editing software for a one-month trial period; however, shortly after the software had been installed, Quick Take Video received an invoice for $5,000, which is for a three-month lease. Believing that the invoice was in error, Quick Take Video contacted Nonlinear Pro and learned that Quick Take Video’s employee, Janet Mason, signed a three-month lease on behalf of the company rather than the software delivery confirmation she believed she was signing. Nonlinear Pro believes the signed lease commits Quick take Video to the three-month lease and should Quick Take Video fail to pay as agreed, the company will default on the lease agreement (Pearson, 2011). Quick Take Video may file a cross-complaint alleging fraud and deception. Fraud occurs when one is dishonest for gain. Nonlinear Pro’s salesperson fraudulently secured a three-month lease agreement by presenting what appeared to be a delivery confirmation statement for signature. The lease agreement may be void because Janet Mason may not be authorized to make agreements on behalf of Quick Take Video (Pearson, 2011). The Advantages of Arbitration Arbitration is a method of conflict resolution that allows the parties in conflict to present their case to a neutral third-party subject expert. Because arbitration is an alternative to traditional litigations, the proceedings are less formal, and because the proceedings are less formal, the rules can be altered...
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...Plea Bargaining Paper Daniel Herrera CJA/224 Introduction to Criminal Courts Dr. Beverly Spencer 9/1/2014 Plea Bargaining Paper Plea bargaining is one of the most important pieces of criminal court proceedings that can occur. Plea bargaining is that chance in which a defendant can choose to not be punished or charged as harshly as they should be. Plea bargaining is a very common thing used within the courthouse and even though it can be good for an individual it can also be bad if not completely understood. The thing with a plea bargain is that at any time a judge can overthrow a bargain and still send the case through strenuous court hours. Plea bargaining is however very important because over ninety percent of all criminal cases are built and completed due to plea bargaining. Plea bargaining can be defined as an agreement between a prosecutor and a defendant whereby the defendant is allowed to plead guilty to a lesser charge rather than risk conviction for a graver crime in order to avoid a protracted trial or to win the defendant’s cooperation as a witness (“Plea Bargaining”, 2014). Now a plea bargain can mean everything to nothing towards a case. The prosecution would use these types of bargains for leverage against the defendant. What is meant by this is that the defendant can be offered to give a testimony of the events which can eventually lead into a charge and conviction into a higher profiled case. This is the case most of the time; usually the prosecution...
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...Republic of the Philippines Office of the President Office of the Presidential Adviser on the Peace Process Government Peace Negotiating Panel on the Talks with the MILF COORDINATING COMMITTEE ON THE CESSATION OF HOSTILITIES 2/F SOUTHCOM Building, Pedro Colina Hill, Cotabato City E-mail Address:grp_ccch@ymail.com/ gph.ccch@gmail.com Telefaxgrp_ccch@yahoo.com/Telefax: (064)421-3436 FOR: MGEN CAESAR RONNIE F ORDOYO AFP Commanding General, 6th Infantry “Kampilan” Division, PA Camp GH Siongco, Awang, DOS, Maguindanao (Attn: AC of S for Opns, G3) FROM: BGEN GILBERTO JOSE C ROA AFP Chairman, GPH CCCH Subject: movement of biaf-milf DATE: 11 February 2013 1. Reference: SMS from MILF CCCH dated 11 February 2013 with subject same as above. 2. Per reference, this Committee would like to respectfully coordinate the movement of more or less 154 members of the Eastern Mindanao Front (EMC) of the the Bangsamoro Islamic Armed Forces-Moro Islamic Liberation Front (BIAF-MILF) from Darapanan, Simuay, Sultan Kudarat, Maguindanao to Rajahmuda, Pikit, Cotabato today, 11 February 2013 at 1800H. 3. Accordingly, said BIAF forces served as security compliments of the MILF during the Sajahatra Bangsamoro Program at the Bangsamoro Leadership and Management Institute at Simuay, Sultan Kudarat, Maguindanao on 11 February 2013. 4. They will travel using 26 units of motorcycles, two (2) forward vehicles and five (5) multicab...
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...oil and gas and construction. (Elgersma, 2007) Tim Hortons "is a company that a lot of Canadians identify with and it is very proudly a Canadian brand," says Howard Ramos, an associate professor of sociology at Dalhousie University in Halifax. "But it's also a company that is a pioneer in hiring temporary foreign workers and so for this reason I think it's important to highlight Tim Hortons as an exemplar of how the temporary foreign worker program has changed and expanded. (Davison, 2012) The temporary foreign worker program has man is a resort companies use to hiring as they will have exhausted all other avenues for finding employees locally. It is a great program mainly for foreign workers who come and work in Canada and if they like it here they can apply for permanent residency. Unlike immigrants, temporary foreign workers come to Canada on restrictive visas and do not have the rights of permanent residents. Their admission to the country and employment are contingent on not taking opportunities and jobs away from Canadians. Statistics on temporary foreign workers vary widely, depending on how they are compiled. According to Citizenship and Immigration Canada, in 2000 there were...
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...Vegas @>SAGE Los Angeles | London | New Delhi Singapore | Washington DC • •-*» •• • i ' w ' t * • * 5s" i- . •> - • • y . » " •• is • Acknowledgments Preface PART I: THE FUNDAMENTALS 1 The Nature of Negotiation: What It Is and Why It Matters Intended Benefits of This Chapter The Essence of Negotiation What Is Negotiation? 5 6 6 When Do People Negotiate? Technology 6 4 3 xvii xix 1 3 Why Has Negotiation Become a More Important Skill? The Workplace 7 8 9 10 11 How People Negotiate: The Dual Concerns Model The Pros and Cons of Negotiating The Shadow Negotiation 10 What Does a Negotiation Look Like? Conclusion and Implications for Practice READING 1.1 - ONLINE DISPUTE RESOLUTION: DO YOU KNOW WHERE YOUR CHILDREN ARE?, 8Y DAVID A . LARSON 1 3 19 READING 1.2 - BALANCING ACT: HOW TO MANAGE NEGOTIATION TENSIONS, BY SUSAN HACKLEY Preparation: Building the Foundation for Negotiating Intended Benefits of This Chapter The Essence of Preparation 23 23 23 The Preparation Process, or How to Make I t All Happen Strategic Planning: Establishing the Framework Defining the Situation Setting Goals 29 30 25 25 25 Determining Your Strategy Strategy Implementation: Operationalizing the Plan 30 The Component Parts of the Situation 30 Best Alternative to a Negotiated Agreement (BATNA) Reservation Prices or Resistance Points 33 Bargaining Power 35 Analyzing the Other Party 35 32 Rapport Building and Testing Assumptions 36...
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...worth of Trump was 4 billion but Trump himself claimed that his net worth was more than 10 billion dollars. Presidential campaign, 2016 Trump formally announced his candidacy for the presidency in the 2016 election on June 16, 2015. Trump also pledged he would fund Social Security (not cut it), renegotiate U.S. trade agreements, oppose federal Common Core education standards, and complete the United States-Mexico border fence and make Mexico pay for it (You can imagine the Great Wall which is in China). Trump said he would self-fund his presidential campaign, and would not need to use money from donors and lobbyists. However, if you look at his campaign website, it is not like what he claimed. Economic Policies 1. Massive tariffs on China and Mexico. Slapping tariffs on foreign goods and negotiating better trade deals. In his campaign announcement speech, he threatened a 35% tax on Ford (F) vehicles made in Mexico that are brought back to the U.S. to be sold, and in 2011, he has made headlines for suggesting a 25% tariff on goods coming from China to the U.S. However, he claimed himself a free trader. 2. Keep the minimum wage ... but not increase it. Trump is one of the few Republicans in the 2016 field who isn't skeptical of the usefulness of a federal minimum wage, but he doesn't think it should be increased from the current rate of $7.25 an hour. 3. For a 'wealth tax' ... but also big tax cuts. Back in 1999, he said he wanted to enact a 14.25% one-time tax...
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...the same fashion. A guilty verdict doesn’t always result from a trial. It mostly results from a voluntary plea by the defendant. A plea bargain is when a prosecutor offers the defendant the opportunity to plead guilty to the original charge or a lesser charge for a lesser than the maximum sentence. For a plea bargain to be negotiated; the prosecutor needs to offer the defendant a reeducation of severity of the charges, reduction of the number of charges or a reduction in sentence. Unless one or more of these items are met, there will not be a plea bargain. A plea bargain is between the prosecutor and the defense attorney. Once the prosecutor presents the offer to the defense; it has to be taken to the defendant for approval. Once the pros and cons are discussed and the defendant agrees and accepts the plea, it is presented to the judge. Plea bargains often occur when the defendant is facing a preponderance of evidence proposing his guilt, and is questionable that he is to be found not guilty. If the prosecution and in some cases the judge is satisfied that a sensible deal can be negotiated, they usually will move forward with the bargain to save time and court resources. “Plea bargaining circumvents the trial process and dramatically...
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...for example a wide supply base offers choice and flexibility as well as variety but a narrow supply base creates greater negotiating power as you build up a closer relationship with the supplier. As HL for COS is a carefully selected range of just 32 pieces a narrow supply base is more appropriate in this case as it offers the chance to have a greater involvement and control over the production of the garments. This would be a necessity when creating the HL for COS range. SOURCING STYLE The H&M group use Hubs when sourcing their garments this means that they have smaller offices regulating and controlling the factories they use during production of garments this helps with communication between the supplier and the company as well as regulating and monitoring the working conditions of the people employed by the supplier and ensuring that garment production runs smoothly. The choice of using a hub is one of many, including working directly with the supplier, sourcing from a wholesaler and using an agent to source product. Each method has its own pros and cons such as working directly with the supplier builds up relationships and allows tighter regulating of the process. However it will cost more to continually travel between the UK based HO and the country the supplier is situated and for some suppliers particularly those based in far east countries like China communication can become difficult due to time differences and language barriers. In these instances it seems appropriate...
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