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❶When parties negotiate they come to the understanding that there will be some kind of give and take and even though parties share some interlocking goals, they do not always want thing. Retrieved September 14, , from https:

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Subscribe to our Newsletter. It is often the case that the interests of the parties overlap in such a way that each gets their choice of the pie without sacrificing their interest. It is equally important to set the scope of the negotiation to make sure the parties know what's on the table and what's not.

It also helps to define the parameters under which the negotiation would take place. The end result is intended to integrate the problems of each of the parties in such a way that they work towards a positive solution. A classic example in the negotiation theory is that of two girls fighting over an orange.

If distributive bargaining is to be practiced, the more of the orange that one girl gets, the other girl gets fewer and fewer. Thus, there remains a conflict of interest. But if the interests are explored in the required depth, it might be unearthed that one girl wanted the meat of the orange, while the other wanted the peels. This is the integrative bargaining approach, wherein both the parties get their interests addressed.

We now move onto the negotiation situation in the movie. The movie revolves around a case where the plaintiff, Mrs. Wood, sues the gun company Vicksburg Firearms, for irresponsibly providing a gun to a person who shot dead her husband. The plaintiff lawyer is Rohr. The defendant Gun Company is represented by Fitch. Fitch is a win-at-all-costs lawyer, who does not refrain from underhand practices to sway the case in his favor.

In this case, Fitch attempts to influence the jury by unearthing the records of the individual jurors and their shady past and then pressing them into submission through blackmailing. He also uses his influence to get the members of his choice elected on the jury.

There are two main negotiations in the movie. The first is between Marlee who is a member on the jury and Fitch, and the second is between Marlee and Rohr the plaintiff lawyer. Marlee talks to Fitch and tells him that she has the power to move the jury whichever way she wanted. She asked Fitch to make a deal with her to secure the verdict of the case. Fitch initially doesn't believe the claim of the juror and asks for proof. Marlee delivers her proof on the next court hearing by getting the whole jury to sing 'The Pledge of Allegiance', which was the 'patriotic' offering Marlee had promised.

Fitch, although convinced somewhat, becomes increasingly irritated at being outsmarted by a novice. Fitch orders one of his henchmen to ransack Marlee's apartment to unearth some evidence that he could use to his advantage in future negotiations. When Marlee learns of Fitch's aggressive action and intent of foul play, she reacts and shows her influence and power by getting a member of the jury booted. Subsequently, the two again come to the negotiating table, where Marlee asks Fitch to finalize the deal.

Fitch refuses to do so over the phone. Marlee threatens to boot another member, to which Fitch laughs. He declares that it doesn't prove any power and can be done by anyone. Marlee gives a deadline to Fitch, saying that the offer should be available next time she calls. After the conversation, Fitch orders his henchmen to 'contain' Marlee. At the same time, Fitch starts blackmailing other jurors, with considerable success.

Marlee meets Fitch again in a restaurant. They discuss the deal once more. She brings up the arson attack and raises the price. While Marlee has not yet finalized the deal with Fitch, she gets in touch with the defendant lawyer, Rohr.

She offers the same deal to Rohr. Rohr, being morally conscious, threatens her with a mistrial. Marlee cites the expenses in finances and time it would cost to Mrs. She then digs into the motive for Rohr, who cites his drive to 'change the law' in order to control the gun industry.

Marlee simply offers two choices to Rohr: Rohr mentions his star witness, but Marlee coolly says that Fitch has control over the star witness as well. Hearing this, Rohr is discouraged and starts to fall into line with Marlee's demands. Getting hold of the gravity of the situation, Rohr asks for Marlee's price. Rohr is taken aback at the large figure, and hesitates. Marlee reinforces her argument by saying that unless Rohr matched Fitch's bid, the jury would not swing in his favor. Rohr's doubts about his ability to win the case by playing fair are dented further when his star witness fails to turn up at the trial.

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This is an example of a student paper from John Lande's Negotiation course at the University of Missouri School of Law. The paper stems from the student's participation in the multi-stage simple partnership agreement simulation.

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Read this essay on Negotiation Analysis Paper Hr Come browse our large digital warehouse of free sample essays. Get the knowledge you need in order to pass your classes and more. Only at". Negotiation Analysis Paper You are required to write a paper on a “real-world” negotiation episode in which you are directly involved or that you have observed closely.