Business NEGOTIATIONS (200-250 Words per Question Requested)
Why might a negotiator want to separate the value creation and distribution phases when negotiating? What advantages and disadvantages does this approach offer, whether psychologically or in other strategic ways? Give an example from at least one negotiation you've carried out in the course.
In principle, the negotiator would prefer to separate and differentiate value creation from benefit allocation because that allows the parties maximum latitude and flexibility in setting out their respective interests and objectives. By definition, the distribution phase occurs subsequent to and substantially as a direct function of the respective interests of the parties. If distribution were to precede value creation, the proposed distributions could very likely fail to reflect the interests of the parties and could leave both parties in less desirable situations than they could have achieved through the process of first having articulated their respective objectives. Another…… [Read More]
Lastly, in chapter 9, Hendon, Hendon & Herbig (1999) focus on "what" or the contract, of cross-cultural negotiations. The authors claim the only purpose of cross-cultural negotiations is to product a "contract" or an agreement, which they define as an "exchange of conditional premises in which each party declares it will act in a certain way" only on the condition that the other parties involved agree to live up to their promises (p. 111). As with anything, cultural factors may influence how a contract is used and interpreted. The authors note for example, that in Korea, if one signs a contract in red ink, they can "expect the outcome to come to a bad end" (Hendon, Hendon & Herbig, p. 111).
The authors also proclaim there are two primary forms of contract that can result from cross-cultural negotiations. These include an explicit and detailed contract that outlines every contingency…… [Read More]
Williams should also consider the recommendation of sending some of the employees of C&C Industries of Indian descent to India as a kind of investigative group to meet with individuals of the Indian government with close ties to the software development and marketing industry. All in all, expanding C&C Industries to the nation of India is an excellent idea but should be done with much care and insight by exploring the current market conditions in India and its possible future related to the global software development industry.
"udget View: India usiness News." (June 2009). Reuters India. Internet.
Accessed June 29, 2009 from http://in.reuters.com/article/businessNews/
"Doing usiness: Measuring usiness Regulations in India." (2009). World ank
Group. Internet. Accessed June 29, 2009 from http://www.doingbusiness.org/
"Doing usiness in India." (2009). U.S. Commercial Service. U.S. Department of Commerce. Internet. Accessed June 28, 2009 from http://www.buyusa.gov / india/en/motm.html.
"India in usiness." (2009). Ministry…… [Read More]
It can also be seen as manipulative because, just as it strengthens your position, it can weaken the other person's. However, if you need to resolve a major disagreement, and then make sure you prepare thoroughly. Become a highly effective leader; minimize stress; improve decision making; maximize your personal effectiveness; and much, much more.
For a negotiation to be 'win-win', both parties should feel positive about the negotiation once it's over. This helps people keep good working relationships afterwards. This governs the style of the negotiation - histrionics and displays of emotion are clearly inappropriate because they undermine the rational basis of the negotiation and because they bring a manipulative aspect to them.
Despite this, emotion can be an important subject of discussion because people's emotional needs must fairly be met. If emotion is not discussed where it needs to be, then the agreement reached can be unsatisfactory and temporary.…… [Read More]
Brown spend substantial time critically reviewing general negotiation strategies -- not only those specifically tied to real estate, but practical theories and tactics to employ in any situation -- as well as sound strategies related to home buying and selling. Mrs. Brown was also advised that a lot of the literature related to negotiations is directed at union issues, corporate negotiations and other situations that are not what she will be engaged in specifically.
Mrs. Brown read Peter B. Stark's book, It's Negotiable: The How-To Handbook of in/in Tactics, which provided some good general ideas and some ideas that she certainly wouldn't need. For example, on pages 9-11 Stark offers "Four Keys to Creating a in/in Outcome" which essentially apply strictly to negotiations between organizations. But on pages 31-32 of Stark's book, Mrs. Brown gleaned good information on questioning during negotiations; a) "have a questioning plan," Stark suggests (when you…… [Read More]
Negotiation Strategies and Procedures Before Referencing
hat are the fundamental phases of pre-negotiations?
Even before the 'process' of negotiation formally commences, it is essential to know just how long the negotiators have to prepare before the talks begin. This gives the negotiating parties an idea of the possible duration of their antecedent planning activities, as well as the resources (financial and otherwise) available to them to expend upon the planning process. Intelligence gathering is the first critical aspect of the pre-negotiation process. Just as one must 'know the enemy' before a military campaign, a good negotiator must know his or her opponent's strengths and weaknesses, and, is ideally able to incorporate this knowledge into setting goals and creating a strategy to approach the negotiations. Knowing personal characteristics, national characteristics, and the organizational culture of the opposing negotiators is essential.
Formulating goals, that is setting goals for the negotiation process, and…… [Read More]
A ussian person may not have encountered an African-American before; a Saudi may have only been exposed to Jewish people in pro-Palestinian literature.
Beyond the personal, different ethical standards also exist in different regions of the world. Bribery of government officials is considered the norm in some areas, such as the Middle East or India, to enable things to 'get done' to circumvent red tape (Kestenbaum 2010). Even the definition of what constitutes a 'win-win' situation for both participants can vary greatly, as in some nations losing face in terms of public perception, or not honoring family members who are part of the organization, can factor into organizational decision-making. In the United States, family considerations regarding an enterprise may take a back seat to profit-making, but in Japan, maintaining continuity of family leadership may be equally important (Beer 2007).
The relationship between entities and employees may also impact negotiations. Some…… [Read More]
External communication in business involves marketing, advertising, customer relations, business negotiations and things dealing out of the business immediate environment. Both of these types of communication are essential for success (Communication Skills, 2007).
It is very important to be able to listen as well as to talk. People need to be able to listen to internal as well has external communications. Making time to listen to what in house people are saying helps to unify the business organization as a two way street where everyone is on the same team. The same is true for organizations customers as well. Listening to what they have to say can help with business execution of products that the business or organization produces for consumer consumption. Poor communication in business often results in misunderstanding and mistrust on both sides of the business fence which can extend to both within and on the outside of…… [Read More]
America is a nation founded on the basic belief in equality, is presently a multi-culturally variety of more than 290 million people comprise of different races and cultural heritage. United States exhibits a powerful aspect of regional and ethnic identity, represented by numerous subcultures and influenced by America's extensive geographical and regional disparities. United States influence on business culture is distinctive (Law 145- 9).
However, understanding the business customs and cultural concepts of various businesses is significant when conducting business in America as well as in any other country. The purpose of this paper is to provide information to my corporation about conducting business, particularly concerning the purchase of goods for exports, and the elements required for the success of the business. In this paper, I must emphasize that conducting business is vast and does not necessarily include hiring people or opening up new business units (Law 145- 9).…… [Read More]
They both serve the purposes of the stakeholder category formed from clients, they just do this with different understanding.
Then, the well-being of the stockholders was constantly on the minds of the negotiating CEOs at Wal-Mart and Procter and Gamble. In this order of ideas, all their endeavors were focused on increasing shareholder value. Basically, this materialized in an ongoing desire to increase profitability. Higher profits would result in larger funds to be distributed in the form of dividends, leading therefore to increased satisfaction from stock owners of P&G or Wal-Mart shares.
The discussions also considered how the legislation would apply to various potential endeavors. Foremost, one important category of stakeholders analyzed was formed from the employees at Wal-Mart and Procter and Gamble. It was known that given the tense past between the organizations, the employees could find it difficult to interact and efficiently collaborate. This was however necessary for…… [Read More]
While Cadbury was initially vulnerable resulting in this take over, Kraft had to borrow heavily to afford the final price of 850p per share. In the coming months and years, Kraft will have to balance against recovering the money put into this acquisition (Wiggins, 2010). A risk, many British politicians and citizens alike fear will mean the end of their signature chocolate in an effort by Kraft to increase their profit margin quickly.
Case Study 2: Discussion
The Kraft acquisition of Cadbury is a corporate negotiation making headlines across the world both for the magnitude of the deal and the incredible hostility which marked the negotiations prior to the final signing of the agreement. Cadbury wound up in a financially vulnerable position after several strategically bold maneuvers ultimately resulted in a poor stock showing for the newly de- merged Dr. Pepper Snapple drinks company, and the reliance of Cadbury on…… [Read More]
Negotiation: A Required Skill in Leadership
Negotiation as a Leadership Skill
A Required Skill in Leadership
A Required Skill in Leadership
The purpose of this work is to write a memorandum to a colleague describing the characteristics of effective leaders for the public sector in the 21st century. Included will be negotiation and mediation skills and the reasons that these characteristics are important in today's leaders. In the work of Michael E. Siegel on Leadership in American Presidents presented is a "model of effective leadership based on a four-part framework used to analyze the performance of three recent American presidents" stated to be Carter, Reagan, and ush. The framework reportedly can be utilized by leaders as well as managers in the public and private sector organizations in self-analysis as to performance in what is stated to be "four critical areas of leadership." Siegel (2001) This is particularly true…… [Read More]
communications in business. Specifically it will discuss communication in business in Japan, including intercultural interactions and successful communications. Often we don't think about the culture and etiquette of doing business in another country, and that's a giant mistake. For example, communication with Japanese clients can be very different that communication with clients here in America. Here are some tips on how to communicate effectively while you're working with Japanese clients.
When we do business in Japan, we must be aware of differing cultural values, language, etiquette, and business customs that can be very different from our own. To ensure that we don't offend or anger our Japanese business partners, we need to ensure that we act and communicate according to their customs, to ensure our success. We also want our staff to feel comfortable while they're working in Japan, and suffer from as little culture shock as possible, so business…… [Read More]
Business Ethics: China and Mexico
This work in writing will discuss the business ethics in view of countries that are foreign to one another and specifically the countries of ussia and China and Mexico. This work will contrast and compare the business ethics of these two countries toward providing a contribution to the global ethical perspective. The work of Ma (2010) states that business ethics "refer to the moral principles or values that govern a group of people. These principles and values distinguish right from wrong, good from evil, and thereby guide individuals in their personal and professional decision making." As noted in the work entitled "European Business and Economics Ethics: Diagnosis -- Dialogue -- Debate: Is There a European Business and Economic Ethics Approach?" presented at the Berlin September 2007 states that the economic reality in Europe today is increasingly determined by pan-European and global forces that transcend the…… [Read More]
.....entrepreneur one must endure multiple hardships. These hardships define people as leaders or failures. Women in the last few decades have amidst gender inequality, started businesses. This had led to a major growth in the number of women entrepreneurs in a predominantly male-dominated area. However, while women entrepreneurship has written, the persistent inequalities and continued views of women have led to the assumption that entrepreneurship may still be gendered. Meaning, society views only men as the main bread winners and capable of being effective leaders that entrepreneurs are defined as. This paper supports this assumption and will provide evidence of gendered entrepreneurship as well as literature that goes against such notion, demonstrating the potential for the gender gap to narrow in the future.
To first understand the potential of gendered entrepreneurship, one must first define it. Gendered entrepreneurship is a hypothesis considering entrepreneurship to have gendered patterns. The UK was…… [Read More]
The success of any business enterprise depends on a multitude of crucial factors, one of them being the ability of its administrators to communicate in a clear and effective manner. The quality of business communications therefore, having a direct impact on the economic act, is hereby studied at four specific levels, as follows:
Interpersonal business communication
Conflict management, and last
Inter-cultural business communication
Interpersonal business communication
Melinda Knight starts her 2005 article at the premise that efficient business communications at the managerial level are quintessential for the overall success of the enterprise. Yet, despite this generally accepted notion, the managers have little actual training of interpersonal communications during their formation in universities or other non- U.S. MBA programs. While some programs have some unaligned courses of interpersonal communications in the business settings, other programs do not include the subject in their curricula at all. Knight asserts the…… [Read More]
Managing conflict is an important skill that needs to be mastered in order for those in leadership positions to become successful. In the world of sales, ensuring delivery of quality product is paramount for maintaining competitive advantage within an industry. My organization of choice to examine conflict negotiations is a construction materials distributor company. This company sells tools, steel, fasteners and hardware to smaller retailers. In this incident, a delivery of tools is being delayed due to logistical issues by the company to the customer. The customer has been a loyal for many years and gives the company most of its business. A promise by the sales representative was broken due to transportation troubles stemming from the weather. As a result, the retailer lost a sale valued at approximately $10,000. The customer is trying to recoup this loss by demanding a refund and other compensations.
The distribution company broke…… [Read More]
A draft of this presentation is revealed below:
Whenever I was watching television, I found myself fascinated by commercials. They were my favorite thing on TV. They were original, creative and I though that the people creating them were very talented. But the commercials I used to love were generally created by large size companies, conglomerates even. I remember enjoying the Nike and the Schweppes commercials especially, as they were engaging and often interactive. But in the creation of these commercials, vast resources had been engaged.
Still, not all companies have the possibility of financing vast marketing campaigns. But all companies need to promote themselves and their products in order to succeed in this growingly complex, dynamic and competitive market place.
Our company aims specifically at this need for marketing support, especially on the part of small and medium size companies in the local community, for whom the hiring and…… [Read More]
Bollinger can speak with authority on the creative aspects of the WallPackett including the future product plans and potential of Disney character licensing given her background with them. With each of them concentrating on their areas of strength and knowing between them the high, medium and low levels of sales they can accept, the couple can more effectively manage their negotiation with Wal-Mart.
Half-Hour Session ecommendations
In the half-hour presentation to Wal-Mart buyers, the Bollingers must establish credibility quickly and differentiation of their product, the WallPockett. Mr. Bollingers' experience in the retail industry needs to be quickly summarized, as Mrs. Bollingers' expertise in creative design and merchandising with Disney. This immediately establishes credibility. Next, the product strategy needs to be introduced and the potential the WallPockett offers for bundling and gross margin enhancement for Wal-Mart needs to next be defined. Throughout the presentation of these strategies there needs to be…… [Read More]
esearch company work ( school attending) write a paper: 1. Discuss apply negotiation strategies address potential conflicts workplace. 2. Determine evidence-based management applied work environment researched.
Negotiation strategies addressing potential conflicts in the workplace
In conventional parlance, negotiation implies the process of one party conferring or talking with another party with the hope of arriving at a particular settlement on some matter. In whichever respect, negotiation has the element of two parties coming together and trying to understand each other. However, for a negotiation process to be successful, particular requisites or strategies must be applied effectively. One of the most critical strategies is to understand emotions of each other. Inasmuch as feelings might be strong, it is advisable to recognize and understand the emotions of one another so as to give each other the liberty to speak their mind regarding the issue in question. Incase emotions are not…… [Read More]
few days ago, there was a settlement of a labor dispute between P & H. manufacturers and their union. The company is a leading manufacturer of surface mining equipment and has it factory at West Milwaukee at 44 W. National Avenue and 4107 W. In Orchard St. (P&H Mining, United Steelworkers settle contract)
The company has been in existence for a long time, and was started more than a hundred years ago, and the main mode of transport were horse and buggies. From that stage, it has developed into manufacture of highly reliable mining equipment for the cost-focused surface mining industry of the world. There are some equipments of the company working at all times, and these are equipment like drills, shovels, draglines and other similar products. The company has a large number of dealers all over the world to attend to the equipment and the brand name of…… [Read More]
Negotiations can be preferred over competitive bidding because significant cost advantages can be gained through this process which might be available through competitive bidding. When bidding is open to a large number of suppliers, the winner doesn't bother to negotiate because he has won fair and square and the buyer now has the obligation to buy from on his terms. That can be avoided with the use of negotiation method.
Epsilon's alternative proposal should be considered seriously because while it may have limitations, it is not entirely a bad choice and may offer certain advantages otherwise not possible. For one, it allows requirements contract to be imposed which means the supplier would be the only party fulfilling all orders for a certain time period. The supplier would be interested in providing the best quality so that he doesn't lose the account and the trust of the buyer. uhling can stop…… [Read More]
Having this traditional silo-structured environment makes it very difficult to properly develop a curriculum surrounding service management. Because of this there is a significant gap that exists between the education received by business school graduates and the skills that they need to succeed in today's service heavy environment.
Non-traditional Business Skills and Tactics
Nontraditional business skills are often referred to as soft skills or people skills. These consist of the ability to communicate and understand people on an emotional level. These are often the skills that can determine the success or failure of a career (Thilmany, 2009). The skills are all related to human interaction. This includes most forms of communication, negotiation and leadership. Soft skills can be distinguished by different types such as informative, negotiating, listening, and communicative. Informative soft skills are those that send a message that has to be conveyed accurately. Negotiating or convincing soft skills is…… [Read More]
One set of concepts from each area was utilized to explain how the situation at Grand Bois may have come about. The end goal of the authors was to "provide business practitioners, ethics teachers, and readers interested in corporate conduct with insights useful in understanding why managers may act the way they do."
It could be argued, according to Hamilton and Berken (2005), that Exxon managers had made a sound business judgment, based on facts that were not known, at the time. The industry still contends that the majority of exploration and production waste contains no harmful compounds, and that for this reason the disposal techniques that are used at the Grand Bois facility were not only cost effective, but also environmentally safe.
Just because the exemption of this waste for hazardous materials was brought about by political lobbying does not mean that it is not scientifically or justified.
Oftentimes,…… [Read More]
A useful recommendation in this sense is represented by the contracting of a local law firm to ease the company's penetration into the region and to help us understand and overcome the initial barriers. But aside from understanding and complying with the regulations, it is also essential to understand and comply with the cultural features.
India is one of the oldest and most impressive global cultures. And its culture has also impacted the means in which business is conducted. One specific means is represented by the language barriers which are raised. And not only that the representatives of the two countries would speak different languages, it is highly possible that the representatives of India speak different languages among themselves. This is because the states of India have different official languages, and some states even have more than one official language (Kwintessential).
In terms of actual relationships between the Indians, these…… [Read More]
Given the scarcity of lever machines on the market and the unique nature of the niche market, price elasticity of demand is expected to be low. There may not be many prospective consumers, but those who want this product will be keen and are unlikely to be strongly price sensitive. The best price would therefore be at the high end of the range, $1,200. This means that the selling price to the distributor would be $600, for a contribution margin of $350 per machine when sold through the distributor, or $950 if sold through the company website. These figures have been included in the contribution margin analysis.
Marketing Issues -- Place
Distribution for a niche product is a tricky proposition. Consumers are often far apart, meaning that it is difficult to use a storefront retail location to reach these consumers. The Australian market -- in particular with respect to high…… [Read More]
For instance, if a business is keenly aware of the manner in which different conditions are effecting business relationships, that businesses to work to make the appropriate changes.
Stages of Development
All relationships are governed by stages. Business relationships are no exception to this rule. There are various characteristics that businesses must be aware of as it pertains to each stage.
According to Brooks (2008) that are four primary stages of business relationship development. These four stages of development are as follows:
Emerging - getting familiar with one another with test transactions. These test transactions are both financial and non-financial (Brooks, 2008). During this stage first impressions are made and businesses can determine the reliability, quality of products/services and whether or not the cost of the product/service is equivalent to the cost of the product. This stage is critical because it establishes the type of relationship that the businesses will…… [Read More]
The Head Pharmacist has worked as a pharmacist in the area for a long time, including at the small pharmacy in the medical clinic near the hospital where many doctors have their offices. As such, he is well positioned to make contacts with those doctors in order to build the reputation of our pharmacy.
The financial plan will begin with the income statement. There are two main revenue streams, being retail and pharmacy. A third revenue stream within Pharmacy will be the online ordering, whereby customers can order over the eb and have their drugs ready for pick-up, or for delivery via the courier of their choice. Such revenue will be attributed to Pharmacy, and retail products will not be included in these orders.
ith respect to costs, labor costs are expected to reflect the staffing levels. hile there will be as many as 20 staff members, there…… [Read More]
The 'negotiation' process, entailing conflicting parties' deliberation over the problem and arrival at a conclusion that works to all parties' advantage, constitutes a highly effective means of preventing tension and disputes. Disagreeing persons sit together, engage in open-forum problem discussion, bargain or negotiate, and arrive at a result satisfactory to every party. Successful communication leads to successful negotiation. Negotiations should be free from yelling and brawling; parties ought to peacefully exchange beliefs, views and feelings. Nobody can know one's ideas and feelings if one doesn't express them effectively before others. People's manner of speaking and non-verbal cues (gestures, posture, facial expression, etc.) contributes significantly to successful negotiations (MSG, 2016).
The UPS (United Parcel Service) Strike of 1996 Win-Lose Negotiation
American courier/messenger service business established in the year 1907, the UPS, is now the world's biggest courier, specialized transport and logistics firm. Its key corporate strategy was: largely…… [Read More]
Aspiring students wishing to learn the finer details of the art of negotiation would be well advised to investigate different negotiation situations that present different aspects of negotiation. These examples are even more relevant and beneficial when changing strategies occur during the negotiation, and, learning results with these experiences becomes evident and applicable to everyday situations. As an aspiring pharmaceutical sales representative, it is important for me to remember that this information demonstrated by those who have successfully negotiated through different and important experiences in their lifetime provide a useful and clear presentation of specific tactics and techniques that are important to employ during any particular negotiation or discussion in which I would be you are seeking to gain a competitive advantage.
The purpose of this paper is to analyze two different negotiations and their subsequent negotiation strategies and apply the learning points from these results to a…… [Read More]
Police Labor Conflict in Boston: Summer 2004
This report aims to discuss a recent negotiation that occurred in the city of Boston in June of 2004. As the 2004 election comes to a close and as of this writing we still have no official winner for the office of President of the United States. The Democratic Party is patiently awaiting the results of the vote from the state of Ohio. But that is not the only issues the Democrats faced in this will campaign for President. In May and June of 2004, the Democratic National Convention slated for a rousing Boston welcome was instead greeted by the Boston Police Union's bid for a major strike that targeted Boston's Fleet Center where the Democratic National Convention was to be held. The strike was a thorn in Mayor Thomas M. Menino's side as he tried to present Boston as a labor…… [Read More]
Negotiations and Communications
Negotiation is the art and science of finding a way to agree between two or more groups. All of us know how to negotiate, we do it constantly during our days; between family, friends, colleagues, retailers, etc. Essentially, we are performing a communications duty that is part of group behavior. We use our communications tools -- both verbal and non-verbal, to express a viewpoint, to elicit a response, and to find a way to cooperate. Individuals who wish to improve their negotiating skills have a number of tools they can use. One of these, the Personal Bargaining Inventory, measures the five cognitions and their range of importance to the individual:
Planning -- Anticipation, rehearsal, monitor a plan in advance how conversations will occur.
Presence -- Awareness of the other's reactions, how to change resistance, etc.
Modeling -- Sizing up the environment, paying closer attention to how others…… [Read More]
With this, the manager was able to collect enough information as what might have started the conflict. The sector manager gave his part of clams. The employee too gave his opinions. Amidst the cross examination of the two individuals, emotions took over. The two had to be separated by the company security personnel (Abramson, 2004).
The proposals from the two individuals were offered with dignity and respect for each other. The manager had to accept all the proposals in the first place since when one was giving his proposals: the other seemed not to agree. Nonetheless, the conflict manager accepted the proposals. The negotiations were very effective. The manager in charge, who also happened to be in charge of conflict management and resolution in the company, was quick in taking this action. He never took sides while bringing the two individuals together (Shachar, 2011). He took enough time to listen…… [Read More]
While their backgrounds and personal beliefs are very different, they never take each other for granted. They are encouraged to express their thoughts and ideas and to treat each other with dignity.
Service to their Customers -- customers are the reason that they are in business, so they believe that they should treat them that way. They offer quality merchandise at the lowest prices, and do it with the best customer service possible. They look for every opportunity where they can exceed their customers' expectations. They believed that this is when they are at their very best.
Striving for Excellence -- They are proud of their accomplishments but are never satisfied. They constantly reach further to bring new ideas and goals to life. They model themselves after Sam Walton, who was never satisfied until prices were as low as they could be. They believe that a product's quality is as…… [Read More]
The government has rather low environmental expectations. In fact, the consultant found that they are about as lenient as the Mexican restrictions, though the Philippines presents no public relations nightmare as protestors are not rallying against health concerns, as they were in Mexico.
Although the conditions in the Philippines may seem even more ready for outsourcing then the conditions in Mexico, the ethical costs of operating the company in the country are once again too high. Like the situation in Mexico, workers in the Philippines may work for lower wages than workers in the United States, but owners are not being provided with the same level of skill that they would be if continuing to operate the factory in the United States. Because the factory workers would consist mainly of underfed adults and impoverished children, the company would be lucky if workers managed to produce sufficient amounts of products throughout…… [Read More]
com" from an Internet host in Maryland to a host in New York.
The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Thereafter, Novak appealed the decision in the Alabama case successfully and then filed an action against Tucows for illegally depriving him of his property by conversion. Tucows' defense to the action relied on a clause in their contract with Novak that specified a Canadian forum to resolve any disputes but Novak argued that an automatic process of "clicking through" a contract could not hold him to a forum selection clause that was not negotiated specifically.
Is a party to a contract held to a forum selection clause when that clause was not subject to a negotiation?
The process of "clicking through" is commonly accepted…… [Read More]
A Few Days in the Sun
We are all familiar with the process of negotiation: We have each been engaging in negotiations since we were young children asking to stay up just five more minutes before going to bed. However, despite the fact that by the time that we are adults we have each engaged in probably thousands of negotiations, few people have ever stopped to analyze exactly what goes on in a negotiation. This paper examines the steps of a negotiation that I myself was involved in. This negotiation centered on a vacation that I was trying to arrange with a small group of friends. The following analysis lays out the steps that are followed in a negotiation regardless of whether the topic is intrinsically inconsequential or momentarily serious.
Goals and Aspirations
The overall goal of this negotiation was to plan for a vacation for five friends that…… [Read More]
Negotiations for 2007 Kia Optima in Fair Condition
I entered into negotiations with my father for the purchase of his 2007 Kia Optima to be used by my son, Adam. My father was aware that I would be using this negotiation to fulfill a requirement for this class, but it was also a true negotiation for the purchase of the car. From the research that I did, a buyer from a private seller could expect to pay right around $6,000 for this vehicle, in fair condition. However, if my father were to trade-in the vehicle rather than engaging in a private sell, he would expect to get around $4,500 for his trade. This price is significant because I wanted to pay a "family price" for the vehicle. In other words, I wanted to pay him the trade-in value rather than what he would have gotten in a sale to a…… [Read More]
Regardless, it is difficult to conceive of a different type of negotiation process that could have better satisfied both parties or resulted in a more expedient settlement. One factor to remember is that that the issue in dispute was not the correctness of company policy, as it was a matter of law that rest breaks be mandated and that employees were not required to pay to maintain their uniforms, rather company compliance and compensation was the question. Fact-finding required verification from outside parties who were deemed to be objective enough in determining whether the various chains had been compliant with California law or not. Another factor to remember is that arbitration can result in a scenario where disputants are "less than fully committed" to seeing the resolution put through and during this negotiation as many of the plaintiffs were no longer working for the Red Lobster or the Olive Garden…… [Read More]
Some Brazilian businesses might want to engage in joint arrangements to have workers going to do business or live abroad in English-speaking languages learn from these tapes, and there could be special discount agreements with such companies, to make use of these resources. Additionally, the national economy would greatly benefit from a more fluent population that was better able to engage in a variety of business endeavors in other nations. This would encourage the Brazilian government to not place any additional legal obstacles when engaging in negotiations regarding such an exporting arrangement.
There already a clear and strong desire to learn more about the United States, to do business with the United States, and to travel to the United States. Brazil was the ninth largest source of visitors to the United States in 2004 and has one of the fastest growing outbound travel markets in the world. "ith only 4…… [Read More]
They may have different ideas and strategies on how the work should be performed. There is a fine distinction between competition and cooperation (Porter and Fuller, 1986). The companies must maintain a balance between the alliances and their own strategic position. The companies must avoid situations where one partner overshadows the other one (Dussauge and Garrette 1995).
Borys and Jemison (1989) found that four main factors affect the performance of partnerships. These four factors were the breadth of purpose, boundary determination, value creation process, and stability mechanisms. The breadth of purpose of the project in the construction industry is typically defined as the duration of the construction phase of the project. Boundary determination has more to do with how contractors interact with one another. Sometimes this is defined by a contractor, subcontractor relationship and sometimes it represents a truly collaborative effort. Sometimes boundaries are a part of the negotiation process.…… [Read More]
The Management Practices of Business Billionaires
One way of considering how to effectively manage a business is to consider what successful managers do. This can be achieved by reading business books written by successful managers. ho better to consider than two men who have become billionaires? This paper will consider the business books written by Donald J. Trump and Richard Branson. A consideration of their books will show their management practices, with this offering insight into what it takes to be a successful manager.
In Trump: How to Get Rich, Donald J. Trump reveals the secrets to his success in the business world. The book offers advice on business aimed at anyone interested in achieving the same kind of financial and business success that Trump achieved. The book also offers insight into Trump's experience of managing an organization with over 20,000 employees. The book is organized as a series…… [Read More]
n the case of Hodge v. Garrett 101 daho 397, 614.2d 420 (1980), the buyer wished to purchase land located next to the sellers' drive-in movie theater. One seller signed the contract. The testimony was conflicting as to whether the buyer was told that the remaining members of the sellers' partnership would have to agree to the sale. The buyer brought suit when the sellers refused to sell. The trial court found that the one seller, as an agent, bound the sellers' partnership.
Voeller testified that he had told Hodge prior to signing that Hodge would have to present him with a plat plan which would have to be approved by the partners before the property could be sold. Hodge denied that a plat plan had ever been mentioned to him, and he testified that Voeller did not tell him that the approval of the other partners was needed until…… [Read More]
Those discretionary areas include sales and negotiating. These are open to flexibility, argument, discussion -- all within boundaries. The boundaries that fence them in are the non-discretionary functions of the business, those areas where the lines must not be crossed.
The non-discretionary areas have very firm guidelines, rules, and even laws and regulations that guide what can and cannot be done. It is when we violate those guidelines, that we cross ethical and/or moral standards whether or not we actually violate the law. There is no compromise in the non-discretionary areas. usiness ethics can be a very personal function rather than organizational (Cagle, Glasgo, & Holmes, 2008).
As an example, safety is non-discretionary. Safety procedures must be enforced and employees have to follow them. There is no negotiation or flexibility. If the company does not establish proper safety standards but no one gets hurt, is it a violation of business…… [Read More]
Negotiating the deal was surprisingly easy due to a combination of an apparently modest goal on my part and more negotiating ability on the part of the seller than was anticipated. While the seller implicitly made the initial offer in the publication of the ad, I ultimately initiated negotiation by stating that I had seen the ad and was wondering if the seller would take $18,000 for me to take it off his hands, stating that I knew the 2011 Toyota Prius had been expanded into a whole line of different vehicles and heavily upgraded, thus rendering the 2010 model somewhat more out-of-date than a year-old model usually would be. I did not expect the seller to accept this initial offer, but I was hoping to catch him in a consistency trap. Shell (2006) notes that "skilled negotiators know about the human need to appear consistent and try to use…… [Read More]
Negotiation skills are important for various situations in life. Acquiring these skills early in life greatly reduces the chance that one will be taken advantage of by unscrupulous individuals. Negotiation skills can be used in the business environment as well as everyday life. For these reasons there is great value placed on having negotiations skills. The purpose of this discussion is to explain the use of negotiations in the context of a real-life scenario.
Description of the situation
Negotiation is always a tricky endeavor and the purchase of a new home or vehicle can be particularly problematic. This discussion will focus on the purchase of a new car. The vehicle is a 2011 Acura TL purchased at the Fountain Acura Dealership. I also have a vehicle that I hold the title to that I wanted to use as a trade-in so the cost of the vehicle could be offset.
Preparation…… [Read More]
The Rock, a 1996 thrilling, high paced movie release, directed by Michael Bay and produced by Jerry Bruckheimer, demonstrated a series of intense and riveting scenes in which negotiation, and the negotiation process with accompanying successful attitudes, are played out in a violent and thrilling tale. Luckily for us, these negotiation scenes not only highlight the necessary skills and mind frames for successful marketing and business skills, but are also highly entertaining and artistically relevant. This suspenseful movie delivered high paced action scenes starring superstars Sean Connery, Nicholas Cage and Ed Harris. This movie artfully and demonstrably examined the use of negotiation skills in a high-stakes environment while simultaneously providing us with an opportunity to learn and understand the graceful and sometimes confusing task of information-based bargaining.
In order to fully understand and learn the useful applications presented in this film dealing with the techniques of information-based bargaining…… [Read More]
Japanese companies values establishing relationships in the process of making a deal (Suplico, 2002) and this is the primary reason why negotiations between Japanese companies tend to have long preliminaries. The first impression is said to be important for the Japanese. According to a case study on Japanese negotiations that D'Herbais, et al. wrote, "a good impression from the start is everything. If you mess it up in the beginning, you can forget your deal." The American representative should know that Japanese negotiators think that it is rude to take a seat before a Japanese negotiator does. Therefore, the American should only take a seat only after the Japanese have taken a seat (D'Herbais, et al.). The Japanese are known for being frequently silent during deals (Graham, 1993), and the American should get used to this. If he has nothing important to say, it is best to keep silent. Japanese…… [Read More]
In addition, the article suggests that that Barack Obama may be able to step into the role of negotiator, serving as a mediator between the hostile nations.
UL: "Will the elationship Change? Yes it Can" (2009, February 12). etrieved February 12, 2009, from the Economist. Web Site: http://www.economist.com/world/unitedstates/displaystory.cfm?story_id=13110485&CFID=42596228&CFTOKEN=89937080
Summary: This article primarily has to do with the topic of privatization. It deals with an attempt made by a private investment group, Marfin, to purchase the Greek government-owned airline of Olympic. The group wants to invest at least 200 million Euros into the airline, and wants to buy the flying operations, ground handling, and technical base parts of the airline. The airline went up for sale after the government decided to call for private investors.
Definition: In this article, the term negotiation is used as a means by which two parties come to an agreement on the sale of an item,…… [Read More]
Another surprising feature of our negotiations was the lack of back-and-forth collaboration and dialogue. In short, we did not engage in integrative bargaining or dynamic negotiation. I simply spat out my asking price based on what I had expected to receive based on the BATNA. Forgetting the condition of the engine and the other possible features my partner valued when he did spend time looking under the hood, I failed to probe my partner for his needs. I should have asked, for example, what he wanted to use the car for, if he has owned a similar automobile, and whether or not he was a collector. Had I gleaned some extra information about my partner, the two of us could have worked harder on "creating" value than on "claiming value." As the case progressed I realized that I had succeeded at neither.
The brevity and lackluster nature of the negotiations…… [Read More]
Throughout the course of my life I have been involved in many negotiations and discussions about various different experiences and occurrences. One consistent idea that remained true to all of these experiences was the ability to communicate effectively within a negotiation. Successful employment of these negotiation techniques has mostly proven to be advantageous in my past situations. In some instances however, I was unaware of my poor negotiation skills and later regretted my actions and behavior within that particular experience. The purpose of this essay is to highlight one of these negotiations where I seemingly failed to demonstrate the appropriate attitudes and behaviors to successfully negotiate a situation.
Most people in today's society are required to work for a living order to provide the resources necessary to continue their existence here on earth. Education and the educational system are very helpful in developing people towards reaching their ultimate academic…… [Read More]
Otherwise put, the multitude of problems resolved through negotiation offer the method a positive reputation and makes the parties hope for a positive solution to the impediments.
Another major attribute of the negotiation that makes it preferred in the detriment of other conflict handling procedures is given by its encouragement of communications. "In negotiation, your goal is to maintain an environment that encourages constructive communication. When communication stops, negotiation ends." (Femberg, 1999) in other words, negotiation helps parties get their problems out in the open and also understand the problems faced by the other party. It encourages them to be open minded and understanding in order to find a middle solution, in which each party reaches at least part of their initially formulated objectives. And the fact that negotiation is objectives-oriented and the parties know their actual demands is yet another reason why negotiation is a preferable procedure. Then, giving…… [Read More]
for Delta Airlines
The situation in the airline industry was already in trouble long before September 11, 2001. Major airlines like Delta was pursuing bankruptcy as an option to fight off organizational collapse caused by reduced traffic, skyrocketing expenses and potential pilot strikes for both the wholly owned subsidiary Comair and Delta's own pilots. Since deregulation, one of the only alternatives for the major airlines was bankruptcy. The terrorist hijackings on 9/11/2001, was simply added salt in Delta's wounds. This research paper is about a real-life negotiation for Delta Airlines and Comair. The report will do the following:
Identify the parties involved in the negotiation
Identify the central and secondary issues of the negotiation
Identify the interests of each party and why they care
Identify the opening positions of the parties and how they presented themselves
Identify the final position of the parties and how they evolved.
Identify key…… [Read More]
The concept of the reward strategy involves offering a reward to the opponent for any concessions they make. Wall (1977) uses the analogy of a car purchase negotiation. If the dealer makes a concession of $100, the buyer should then make a concession of $105 -- the $5 being the reward to the dealer for making the first concession. In this concept, first offers must be made with this subsequent reward in mind.
Applied to the position of production manager, this concept can be used when hiring a new employee. A candidate may have noted that they'd like to receive a salary of $35,000 per year. However, the maximum allowed for the position may only be $30,000. Using the reward concept, a first offer of $28,000 can be made. When the candidate counters with $33,000, a $2,000 concession, then the manager can offer $30,000 (the same $2,000 concession)…… [Read More]
In my opinion, Vanessa Abrams did indeed get herself in that position because she had almost no other alternatives and was too much dependent on S & G.
Let's briefly refer to some of the circumstances that got her into a situation where she was forced to sign the agreement. First of all, this was not some silly obsession that Jerry had. Indeed, as we have seen in the case study, Vanessa was an important member of the management committee and probably the only one there that had not yet signed such an agreement.
It did not seem so unreasonable that she was asked to sign this, since she had a position where she could gather information she could use in her collaboration with direct competitors, had she left S & G.
Second of all, as we have seen, the agreement was demanded by the corporate headquarters. We are…… [Read More]
Business Critical Thinking
To whom it may concern:
'Logically speaking...' How often do we say this simple phrase? There is a presumption that logic is not only good, but that the human mind can easily calculate the pros and cons of most decisions. However, the human brain did not evolve to naturally gravitate to an emotion-free, Spock-like way of evaluating options. "hen people face an uncertain situation, they don't carefully evaluate the information or look up relevant statistics. Instead, their decisions depend on mental short cuts, which often lead them to make foolish decisions. The short cuts aren't a faster way of doing the math; they're a way of skipping the math altogether" (Lehrer 2011). The sooner we admit this, the better we can cope with the challenges with which life presents us; the sooner a business organization admits this, the better it can guard against irrationality, or at least…… [Read More]
If a person to whom a ring is given can prove all three of these elements, then a court is likely to deem the ring to be a gift. Thus Heathcliff would have no claim to the ring at a future date in time.
"Alternative Dispute esolution - Guide to Alternative Dispute esolution Law," 2010, viewed 25 August 2010,
"Australian Family Law," 2010, viewed 25 August 2010,
"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja>
"Lecture Five: Principle of Precedent," n.d., viewed 25 August 2010,
"Marriage Act,"1961, viewed 25 August 2010, < http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/cth/consol_act/ma196185/s111a.html?stem=0&synonyms=0&query=s111A>
"Top 2 The Australian Legal System," n.d., viewed 25 August 2010, < http://www.scribd.com/doc/36157559/Topic-2-The-Australian-Legal-System-20209>… [Read More]
Such disputes are always subject to issues of proof, but if the buyer can prove that the owner new his statements were false, and if those statements concerned a matter that is material to the sale, the buyer can either rescind the contract or recover damages measured by the cost of putting the car into the condition warranted by the seller.
Personal Ethical Perspective and Values in Relation to Consumer Choice
In my personal opinion, it is highly unethical to misrepresent even subjective matters that may not be covered by contract law. For example, the law will not question the transaction because a seller told a prospective buyer that the car ran wonderfully, even if it runs poorly beginning the day after the sale, because the conclusion about what is "wonderful" is subjective and based on personal opinion and characterization. However, the law leaves substantial room between what kinds of…… [Read More]
"Wal-Mart: But we do give them a 10% employee discount" reveals a highly quantitative standpoint, by pointing out the facts behind Wal-Mart's management of its human resource. The editor places an increased emphasis on revealing years, amounts, facts and figures and all these are intended to provide a clear image to the reader. Additionally, they are intended to preserve the objectivity of the authors in presenting the situation at the company.
Aside from the vast integration of facts and quantitative data, the author nevertheless presents the details of Wal-Mart's numerous ethical issues. For instance, the company asks the employees to work longer hours, which are unpaid; the employees will often be given tasks to complete right before the end of the shift, and will have to complete the job during unpaid overtime.
Then, the company is also blamed for discriminating against its employees. The more relevant examples in…… [Read More]
It in this manner, therefore, that mediation is preferable.
OLE of MEDIATO in the INDUSTY
Acting as a bridge between the parties, the mediator, arbitrarily, assumes either a purely facilitative role in which he restrains himself from interfering, or serves as an evaluator where he evaluates the nuances of the case and recommends a basis for settlement. However -- and this is where mediation differs from arbitration -- the mediator is limited from mandating a particular outcome which causes the mediation process to manifest itself as inherently non-binding 14.
A creative mediator practices extremely acute listening skills in order to tease out the interests that are most important to each party. To that end, he or she will identify different preferences amongst the parties and design a package where each party receives what it values most and concedes what it values less than the other party.
Focus will be…… [Read More]