Please complete this worksheet on your own after you have reviewed your confidential role-play information. You must

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Question:

Please complete this worksheet on your own after you have reviewed your confidential role-play information. You must complete this worksheet BEFORE you conduct the actual negotiation with your partner. You may use the point form. You will hand in the worksheet, along with your joint Debrief sheet, after you have done the negotiation.

Your preparation for the Role Play will be more in-depth than this worksheet. Please keep your preparation notes handy so that you can refer to them while you are negotiating.

Reference: Lewicki et al., Essentials of Negotiation, Third Edition (2017, McGraw Hill); Getting Ready to Negotiate—The Getting To Yes Workbook, by Roger Fisher and Danny Ertel (1995, Penguin), page 11 (in part): Prof. Gerry Lindley

The Issues: What are the key issues that I want agreement on? Rank the issues in order of importance for you. (1 mark)

1. ______________________________________________________________________

2. ______________________________________________________________________

3. ______________________________________________________________________

4. ______________________________________________________________________

Issue-By-Issue Planning. For each of my issues, what is my (a) opening point, (b) target point, and (c) resistance point? (1 mark)

ISSUE OPENING POINT TARGET POINT RESISTANCE POINT

My Interests. What I really care about. What are my wants, needs, concerns, hopes and fears. Note: this is not the same as “issues”; you do not have to provide one example of each of the above if it does not apply. (1 mark)

1. ______________________________________________________________________

2. ______________________________________________________________________

3. ______________________________________________________________________

4. ______________________________________________________________________

Their interests. * What I think the other party really cares about. Their wants, needs, concerns, etc. (1 mark)

1. ______________________________________________________________________

2. ______________________________________________________________________

3. ______________________________________________________________________

4. ______________________________________________________________________

* Identify which of their interests are similar (S), different but not conflicting (D), and conflicting (C) by noting this above. (.5 marks)

Options. List possible agreements or bits of an agreement that we might reach to satisfy both parties. Note: This should not just be a list of your target points. (1 mark)

1. ______________________________________________________________________

2. ______________________________________________________________________

3. ______________________________________________________________________

4. ______________________________________________________________________

5. ______________________________________________________________________

Objective/ Independent Standards (Legitimacy): External standards or precedents that might convince one or both of us that a proposed agreement is fair when our interests conflict. Indicate the most appropriate or relevant standard with an asterisk (*). (1 mark)

1. _____________________________________________________________________

2. ______________________________________________________________________

3. ______________________________________________________________________

My BATNA (walk-away alternative). What can I do if I walk away without an agreement? What is my best alternative (indicate with an *)? (1 mark)

1. ______________________________________________________________________

2. _____________________________________________________________________

Their BATNA. What do I think their BATNA is? (1 mark)

1. _____________________________________________________________________

2. _____________________________________________________________________

People Problems. What “people problems” (e.g. biases, attitudes, emotions) are likely to arise in the negotiation that I should be prepared for, and how might I deal with these problems? Note: be specific; focus on the issues in the current negotiation scenario, and answer both parts of the question. (.5 marks)

________________________________________________________________________ ________________________________________________________________________

________________________________________________________________________________________________________________________________________________

Overall strategy. What is the main strategy that I will use for the negotiation? Why? If there is more than one, which strategy will I use for which issues? (1 mark)

________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________

PIRO TORRES Private Instructions

You are very excited about the possibility of working with Barrister & Counselor, but you are also cautious. The whole scene in China is still very risky, very frustrating and very competitive. You also have other good job possibilities. One is working with a computer company that is setting up production facilities in the Far East. You have heard they are paying $99K plus excellent stock options. Another job possibility is to go with a new little start-up in Cambridge, Massachusetts, which is working on experimental software to permit much more efficient electronic commerce in simultaneous English/Chinese translation. You're not sure about salary there, but could become very wealthy with stock options if the company succeeds—the technology could rapidly extend to other languages. Both jobs would be based in Massachusetts, but you would be travelling at least once a week.

Being based in the States has strong appeal. Grandmother Torres is getting frail and old. You are very close to her; you'd like to be able to see her in Chicago at least at Christmas and preferably more often. You really want to stay in touch with her and with the rest of your family.

You have been trying to think through the question of salary. You have educational loans to pay back, at $2,000 a year. You are eager to get a much more powerful personal computer. Moving to China would be enormously expensive: you figure at least $8,000. Storing some things you do not want to sell will cost you $2,000 a year. It's hard to figure what you will need to live in Beijing. Your housing will be provided. You will not have a car; transportation will be provided. But what about expenses of entertaining? You are also particularly concerned about staying in touch with your family. You want a salary that will cover a trip home each year, long, expensive phone bills, and unforeseen expenses. You feel these expenses could easily total $10,000 a year. The question of stock options is hard to figure for a law firm and so are the tax implications of being a resident abroad. What you would really like is the same proportion of profit, from success of the China office, that the participating lawyers will receive.

Your feelings are all in all very mixed. On the one hand this kind of job is in your family tradition and your whole romantic soul wants to go. Moreover, you have a special interest in problems of network security and security of international information transmission—and three years of very successful experience running the computer system of a big government lab. You also are a risk-taker and love a challenge, and think there's a one-in-ten possibility that B&C will become enormously successful in China. On the other hand, you are very deeply attached to your family and your aging grandmother and you are quite prepared to live abroad later in your life. Just thinking about your family makes you want to spend the summer in Chicago after graduation. Still, on the other hand, if you do go to China, maybe you could look up some of

Grandmother's old friends and their children and grandchildren; they might even be good contacts for the firm.... and Grandmother would doubtless be very pleased....

How will you bargain for salary? What are your interests? What is your reservation point? Your target salary? What are the interests of B&C? How will you find out? What will their reservation and target points be? Can you change them?

BARRISTER & COUNSELOR

General Instructions

Barrister & Counselor has decided to set up major law offices in Beijing and Shanghai. Barrister & Counselor is a large international law firm. Since the early 1980's when the People's Republic of China decided to permit a few non-Chinese lawyers to work within the country on international commercial problems, various law firms have established small offices in major Chinese cities. Barrister & Counselor is willing now to gamble on the possibility of getting in on the ground floor on this new century of legal work, for many billions of dollars’ worth of commercial agreements between international companies and the PRC.

The logistical problems are enormous. In keeping with recent practice among some top US law firms, Barrister & Counselor has decided that the administrative head of their new China Division had better be an MBA rather than an attorney. They've been looking for someone young and adventurous. Their China manager needs to take in stride the many frustrations of living and working in this unusual country— and have the energy to help build a major new venture. Also, they need someone willing and eager to start with a small office this year in the expectation of growing by a factor of ten or twenty during the next decade. So, they want someone young—but not too young. Appropriate work experience is also a definite requirement.

B&C needs to hire a person or persons with extraordinary skills. The candidate should have Asian experience and, ideally, speak one or more Chinese languages. If possible, this manager would also have considerable information technology experience. B&C wants their China offices to exemplify the latest computer technology in every aspect of their operations, for internal and marketing reasons. First, there are the demands of the firm. As a major law firm in a country only recently redeveloping its legal structure and international legal practices, B&C will need to keep track of new laws and of every relevant new contract and treaty provision they can find out about. They will need access to LEXIS (a legal information data base) and sophisticated word-processing, capable of handling English and Chinese documents. They will also need very sophisticated security provisions—including encrypting and decrypting—their intra-China and international communications. B&C also wants the latest information processing technology for marketing reasons: they hope to impress their Chinese contacts.

Many other skills are needed. The new manager will have a chance to advise on the business side of various legal negotiations. This person will supervise all the logistical functions of the new offices, from facilities planning to supervision of the human resources officer to financial planning and budget control.

Like everyone else in the firm, the manager will have a chance to help make personal contacts with Chinese officials. There is however a managing partner with extensive relationships among the senior members of government in the PRC.

C.H. Wang has been looking for the right young manager for several months. Several West Coast schools will graduate Chinese-speaking MBAs, but none of them this year seem to have the appropriate technology background. B&C could hire two people (the manager and a computer systems expert), but Wang would rather not do that. There will already be a senior attorney as legal director of the office, and Wang does not want too many different chiefs, in an initially small operation, unless absolutely necessary.

Wang has identified a candidate, Piro Torres, who appears to have all the required skills. Prior to meeting Torres, Wang had been increasingly concerned about whether such a person actually existed.

Piro's maternal grandmother, an American, was a sociologist in Beijing, where she met Santiago Torres. Torres, a very successful international businessman, returned with his wife to Chicago, where he became a US citizen. They raised a very international family. Their son, a lawyer, runs the family business in the Far East. Piro grew up speaking English, Japanese, Mandarin, and Tagolog, and also learned a great deal about commerce, by helping out with the family business.

In Wang's opinion Piro's Chinese is not truly fluent, but Piro speaks idiomatically, with an acceptable North Chinese accent. Moreover, Piro ran the computer system at a government lab. With an engineer's degree in computer science and an MBA in international management science, Piro seems to meet many requirements. Best of all, Piro has that quiet grace of manner that will "fit in"—both with a distinguished law firm and within the proud and ancient culture of China.

C.H. Wang is looking forward to the salary negotiations with Piro Torres and hopes a satisfactory arrangement can be made.