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Supplements the (A) case.

Supplements the (A) case.

This set of three cases represents a mediation involving three professionals at a consulting firm: two disputants (a new MBA consultant and the manager of a group of programmers) both working on a client team, and an "interested" mediator with his own pressures and agenda, who would prefer to focus on business issues and resolve the dispute quickly. The dimensions of the dispute are both professional (whether changes should be made to a computer system being installed by the team) and personal (issues of respect and authority). The cases are designed to be used as part of a unit on mediation. We use the cases in a series of cases that permits each student to serve in disputant and mediator roles. Class discussion (see Teaching Note) focuses on skills, the process of mediation, resolutions reached, and the role of the "interested mediator," a role in which MBA graduates frequently find themselves.

This case provides a brief history of the development of the Chinese securities market and details Anthony Neoh's involvement with it. It concentrates particularly on exploring issues specific to emerging markets.

This case uses vignettes and statistics of the broader issue discussed in each vignette to explore some of the ways in which gender is played out in the struggle for power and control. Disenfranchised groups--those not allowed access to critical resources--have little access to power. In many countries, women represent one of these disenfranchised groups. Women around the world are disproportionately denied access to employment, education, religious freedoms, many traditional routes to business funding, collective action, and social welfare. The vignettes explore ways in which inroads to equality are being made on new, innovative paths. Even mainstream approaches to accessing critical resources are becoming more gender neutral. The vignettes and statistics are meant to be illustrative rather than exhaustive.

Cultural differences can influence business negotiations in unexpected ways, as many a hapless deal maker has learned. But the differences extend well beyond surface behaviors, such as proper table manners and the exchange of business cards--and even beyond deeper cultural characteristics, such as attitudes about relationships and deadlines. Indeed, there's another, equally treacherous aspect to cross-border negotiation: the ways that people from different regions come to agreement or the processes involved in negotiations. Decision-making and governance processes can vary widely from culture to culture, not only in terms of legal technicalities but also in terms of the behaviors and core beliefs that drive them. Numerous promising deals have failed because people ignored or underestimated the powerful differences in process across cultures. In this article, James Sebenius offers ways in which negotiators can prepare for such cultural differences. A useful approach, he says, is to map out the decision-making process--including who's involved, what formal and informal roles people play, and how a resolution is actually reached. With that knowledge, you can design a strategy that anticipates obstacles before they arise. Those negotiations that might otherwise have failed because people ignored or underestimated powerful disparities in process will, in the end, yield a meaningful "yes."

In 1997, MIT freshman Scott Kruger died from alcohol poisoning after a ritual fraternity ceremony. His death sparked national controversy over the responsibility of universities for their students. For his parents, though, the pain was personal and almost solely directed at the leadership of MIT. In such an emotionally charged situation, it is remarkable that the lawyers on both sides came to a settlement.

This note introduces the student to the dynamics of the hostile takeover setting and characterizes the decision problem as a "game." In this context, it is necessary to understand other players and their modes of thought, defensive tactics, and rules (laws and court precedents) by which players compete. The survey covers these considerations and discusses the probabilistic analysis by which players can assess the possible actions of various parties. The paper was prepared to supplement case discussions on hostile takeovers.

Two cofounders of a company enter into a negotiation to set the terms of a start-up in the field of laparoscopic surgery.

E-consulting began as a specialized consulting service in the late 1990s. In January 2000, more than 100 firms were characterized as e-consultants. By December 2001, more than 50% of these firms had disappeared. This case tracks the rapid rise and sharp decline of e-consulting.

Military metaphors are commonplace in business writing about strategy, but they are rarely used in the negotiation literature. This case takes the Marine Corps philosophy of warfighting and compares it with the tactics and techniques of effective negotiators. Some of the characteristics of war--such as friction, imperfect information and communication, fluidity, and disorder--are also parts of negotiations. Likewise, some of the techniques military strategists use, like exploiting gaps in the enemy's lines and using boldness and speed to surprise the enemy, can also work for negotiators. Most critically, however, this case applies the notion of complexity to both warfare and negotiation and introduces students to the ideas of continual adaptation and dynamic responses to changing environments.

This case escribes the antitrust prosecutions in the United States and abroad of the international bulk vitamins cartel. Both the civil and criminal fines were historically high, and it was the first time the United States prosecuted foreign nationals for U.S. criminal antitrust charges. It also details allegations of price-fixing by NASDAQ securities traders, which began when an academic paper accused NASDAQ market makers of avoiding quotes with odd-numbered increments. The remaining vignette provides an account of the price-fixing scandal involving Christie's and Sotheby's fine-art auction houses.

Supplements the case.

Large international corporations commonly engage in IT outsourcing. However, the process of evaluating, selecting, and subsequently contracting out or selling the organization's IT assets, people, and/or activities to a third-party supplier creates the possibility of a "Winner's Curse." This occurs when the supplier overpromises on what can be delivered for the contract price. This article presents a longitudinal outsourcing case study that explicates the often abstruse Winner's Curse, its effect on post-contract management and the relationship, and how it was alleviated by a mutual renegotiation of the terms of the deal. Building on auction and IT outsourcing theory, the article provides both a model of IT outsourcing processes and a Winner's Curse typology for understanding IT outsourcing ventures. To avoid the experience of relational trauma as a consequence of a Winner's Curse, this article identifies six lessons that client and supplier companies should consider before signing IT outsourcing deals.

Optical Recording Corp. (ORC) secured the rights to a technology known as digital optical audio recording. During the time it took to negotiate the final transfer of the technology ownership, it was rumored that some major electronics manufacturers were developing compact disc (CD) players that recorded digital optical audio signals. A patent lawyer advised ORC that the compact disc players and compact discs recently released by these companies might be infringing the claims of ORC's newly acquired patents. Based on this information, the company proceeded to successfully negotiate licensing agreements with the two largest CD manufacturers. The third largest manufacturer, WEA Manufacturing, a subsidiary of Time Warner, Inc., maintained a position of noninfringement and invalid patents. With the U.S. patent expiration date looming, ORC decided to sue Time Warner for patent infringement. When the defense counsel presented testimony that questioned the integrity of the licensing agreement, ORC's president realized that the entire licensing program was in jeopardy and must decide whether he should accept a settlement or proceed with the lawsuit.

Describes the challenges facing Van Bolton, the head of a large airline, as he works with the head of the company's pilots' union to negotiate issues relating to the acquisition of a smaller airline. Bolton must find ways to surmount a history of adversarial relationships between the company and the union.

The case describes the challenges Ben Fiorentino, the second-generation head of a family-run equipment business, must deal with as he decides whether and how to sell the business. The business is encountering classic problems that confront family-owned firms: The third generation consists of a large number of members, but only some of them are interested in running the business. Also, Ben foresees tough times in the future due to increasing competition. He must decide how to respond to an overture to buy the business, especially how to marshal support within the family and in the professional management ranks.

This case describes issues facing the founder-CEO of a high-tech start-up in Boston, as he negotiates with multiple large potential partners and investors. The negotiations include a potential business partnership with FleetCenter and Madison Square Garden, and a potential investment from two large venture capital firms. The case focuses on the sequencing among the parties, how to resolve conflicting interests among the parties, and the issues facing small entrepreneurial firms trying to negotiate with very large and powerful investors and business partners.

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.

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.