In a letter to outside counsel, a hypothetical CEO comments that although corporate lawsuits are expensive, time consuming, and often counterproductive, business people and lawyers alike assume that litigating rather than settling is the normal way to deal with disputes. To alter this pattern, the CEO proposes that executives and lawyers recast their assumptions, treating prompt settlement of disputes as a primary goal and litigation as a last resort, and viewing lawyers, not as warriors, but as cost-conscious mediators. A cooperative effort by business people and lawyers, the CEO concludes, best ensures a reasonable and cost-effective approach to resolving disputes.
This exercise stresses the fundamental elements of principled negotiation as logical alternatives to the seeming dilemma of "hard" or "soft" positional bargaining. The final portion of the exercise provides a quick reference to the main elements of principled negotiation.
This exercise stresses the fundamental elements of principled negotiation as logical alternatives to the seeming dilemma of "hard" or "soft" positional bargaining. The final portion of the exercise provides a quick reference to the main elements of principled negotiation.
A two-party, multi-issue negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor's land A Vermont farmer somewhat interested in the possibility of expanding activities has considered going into maple syrup production, wood cutting, or increasing the farmer's cow herd. The farmer's neighbor is a person from Boston who only comes up on occasional weekends and holidays and is currently interested in selling or leasing at least part of the property. In preliminary discussions, the two have differed significantly on their assessments of the land owned by the Bostonian, but have agreed to meet and discuss the situation further.
A two-party, multi-issue negotiation between a farmer and a neighbor over the sale or lease of part of the neighbor's land A Vermont farmer somewhat interested in the possibility of expanding activities has considered going into maple syrup production, wood cutting, or increasing the farmer's cow herd. The farmer's neighbor is a person from Boston who only comes up on occasional weekends and holidays and is currently interested in selling or leasing at least part of the property. In preliminary discussions, the two have differed significantly on their assessments of the land owned by the Bostonian, but have agreed to meet and discuss the situation further.
Eight days ago, Tulian rebels attacked a police station in the Tulian President's hometown of Toji. In retaliation, Tulian troops attacked a rebel camp 20 miles inside neighboring Ibad. The troops were withdrawn, but yesterday rebel forces backed by Ibadi troops invaded southern Tulia and advanced on Toji with the announced intention of pressing on to the Capital to overthrow the President. The President has requested Organization of African Unity (O.A.U.) intervention, and the O.A.U. has called for a cease-fire and sent a delegation to a neighboring neutral country to meet with representatives of Tulia and Ibad.