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This case presents a transcript of two professional negotiators of the Discount and Hawkins real estate negotiations. It highlights the challenges of creating value for both sides in the deal and provides a glimpse of how one set of professionals structured an agreement.

Outlines the recent development of legal principles regarding sexual harassment, including procedures in the United States and state courts, what circumstances constitute harassment, the resolution of these conflicts and the resulting consequences for the individuals involved and the organizations in which those individuals work.

Explores the legal and ethical responsibilities of a manager who believes that he has heard of a serious instance of sexual harassment, but who has been implored by the victim not to report it. Discussion can focus on the immediate problem or be expanded to a broader analysis of the difficult choices involved in crafting organizational policies governing conduct, as well as effective procedures for reviewing apparent infractions.

This case presents an ethical choice: How should a prospective buyer respond when a homeowner quotes a price that the buyer knows is significantly below market value? The case describes a private transaction in which the prospective seller is fully competent mentally but is apparently uninformed about current market prices. The buyer could agree to the asking price (or even counter with a lower figure) without taking any financial risk, because he or she could obtain appropriate guarantees of good title, absence of environmental problems, and so forth.

Describes an initiative by Guinness, LLP to revise the process by which it centrally authorizes, supports, and reviews negotiations that are undertaken worldwide on its behalf. Senior managers wished to give regional officers enough discretion to respond to local conditions while still maintaining centralized control and coordination. Includes detailed descriptions of two such negotiations, one involving the dissolution of a partnership, the other a possible acquisition.

Supplements the (A) case.

Documents attempts to restructure a public-private partnership between the operator of a $200 million trash-to-energy cogeneration plant and a consortium of two dozen Massachusetts municipalities. Describes the process that led to a one-sided agreement, as well as the legal developments that opened up the possibility of a revision.

Early Dispute Resolution (EDR) has proved successful at GE. Yet, when Michael McIlwrath, new counsel at an Italian subsidiary, attempted to translate it to his company, problems arose. He had to gain internal acceptance, and explain the concept of early mediation to a European culture not accustomed to the practice. This case examines the successes and challenges of translating an American dispute resolution program to an overseas context and explores four studies of litigation cases facing McIlwrath.

GE's chief litigation counsel sought to rationalize litigation flow by viewing it as a manufacturing process. By applying the principles of Six Sigma, P.D. Villareal created an Early Dispute Resolution (EDR) system that enabled both lawyers and managers to work together to address potential disputes early and efficiently. Though the savings in time and energy were tremendous and obvious, evaluating the financial savings proved trickier. Also on the horizon was the challenge of spreading the program throughout the enormous GE global organization.

Examines the wrongful death lawsuit brought by the family of an infant who died after a portable crib collapsed. The manufacturer, Kolcraft, licensed the Playskool brand name from the co-defendant, Hasbro Industries. Raises difficult questions about what the two companies should do now, after a series of tragic deaths--and after apparently complying with regulatory requirements governing product recall. Also raises provocative questions about the appropriateness of settlements in wrongful-death suits, corporate responsibility to ensure product safety, and pressures of national media attention on corporate actions. Though the circumstances here are particularly heart-breaking, managers often have to deal with lawsuits that are value-laden and have high emotional content, such as employment discrimination or sexual harassment claims, for example, or environmental and regulatory disputes. The kinds of decisions and tensions that a manager faces in such instances surely have much in common with the issues raised.

Provides an overview of the seven elements of negotiation analysis. These elements include BATNAs (nonagreement walk-aways), parties, interests, value-creation, barriers to agreements, power, and ethics. Illustrations are drawn from a range of contexts (from buying a car and the sale of a business to dispute resolution and international diplomacy).

The seller (Riggs Engineering) manufactures and services recycling equipment for the computer industry. The buyer (Vericomp) uses solvents in manufacturing chips. Though set in a high-tech industry, this exercise illustrates fundamental aspects of negotiation analysis that would apply in any situation--specifically, potential sources of joint gains and the tension between creating and claiming value. While it may be possible to reach a deal on price alone, doing so is difficult. Students can expand the zone of possible agreement if they creatively trade on other issues, including the scope of services Riggs will provide, payment schedules, timing of the contract, and possible guarantees. Even as they jointly expand the pie, of course, they must be mindful of what slice will be theirs. All agreements can be expressed in present value terms, so it is easy to identify which pairs generated the most gain, and which individuals got the best deals for their particular companies. This is a two-party, multi-issue negotiation exercise. Students should read either the (A) or the (B), but not both, and then be paired up to negotiate. Results are reported using the simple form that is the (C) case.

The seller (Riggs Engineering) manufactures and services recycling equipment for the computer industry. The buyer (Vericomp) uses solvents in manufacturing chips. Though set in a high-tech industry, this exercise illustrates fundamental aspects of negotiation analysis that would apply in any situation--specifically, potential sources of joint gains and the tension between creating and claiming value. While it may be possible to reach a deal on price alone, doing so is difficult. Students can expand the zone of possible agreement if they creatively trade on other issues, including the scope of services Riggs will provide, payment schedules, timing of the contract, and possible guarantees. Even as they jointly expand the pie, of course, they must be mindful of what slice will be theirs. All agreements can be expressed in present value terms, so it is easy to identify which pairs generated the most gain, and which individuals got the best deals for their particular companies. This is a two-party, multi-issue negotiation exercise. Students should read either the (A) or the (B), but not both, and then be paired up to negotiate. Results are reported using the simple form that is the (C) case.

Six-party negotiation of land use and development.

Six-party negotiation of land use and development.

Six-party negotiation of land use and development.

Six-party negotiation of land use and development.

Two-party negotiation involving a bed and breakfast and an incoming coffee chain.

Two-party negotiation involving a bed and breakfast and an incoming coffee chain.

Chronicles the negotiation of the proposed national settlement between the states and the five major U.S. tobacco companies.