Finding the Right Process in India

By on / Crisis Negotiations

In 1995, a new government came into power in the Indian state of Maharashtra and canceled a 20-year power purchase agreement with the Dabhol Power Company, a joint-venture formed by Enron, General Electric, and Bechtel. Claiming that the deal was improper and even illegal, the government declared publicly that it would not renegotiate. … Read More 

Metaphorical Negotiation

By on / Negotiation Skills

Negotiators talk about building agreement, bluffing the opposition, and volleying offers back and forth. According to mediator Thomas Smith, careful attention to such metaphors can reveal deeper meaning beneath the explicit words that people use, notably regarding how they view the negotiation process and their relationship to one another. … Read More 

Why It’s So Hard to Learn

By on / Pedagogy

Why is learning difficult? Possibly because it will expose past mistakes and engender negative feelings yet this process is essential to improving your negotiating ability and in avoiding this problem again in the future. … Read More 

Taking Alternative Dispute Resolution (ADR) Too Far

By on / Mediation

More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, … Read More 

A Cash-Out Transaction: Cox Communications

By on / Business Negotiations

On August 2, 2004, Barbara Cox Anthony and Ann Cox Chambers, two sisters who together owned 73% of Cox Communications, announced that they wanted to cash out the minority shareholders of their company. Their initial offer was $32 per share, or a 14% premium to the preannouncement trading price of approximately $28 per share. … Read More 

Power Failure

By on / Business Negotiations

In 1992 as part of efforts to privatize its energy sector, the Indian government chose energy-trading firm Enron, in conjunction with General Electric and the Bechtel Corporation, to build the world’s largest electricity-generating plant in Maharashtra, one of the poorest states in India. Possessing significant financial, intellectual, and reputational capital, Enron had to have been … Read More