An International Negotiation for an All-American Brand

By on / International Negotiation

On February 14, the news broke that Berkshire Hathaway, the conglomerate run by Warren Buffett, is planning to purchase H.J. Heinz—and its iconic Heinz ketchup—for $23 billion. Joining Berkshire Hathaway in the acquisition is 3G Capital Management, a Brazilian-backed investment firm that owns a majority stake in Burger King. The deal marks a harmonious pairing … Read More

Bet you didn’t know… Personnel matters in negotiation.

By on / Business Negotiations

When outsiders become overachievers
When faced with the task of assigning a subordinate to represent their organization in a negotiation, managers might look for strong negotiating experience, intelligence, a good attitude, and a winning personality. In a new study, professor Gerben A. Van Kleef of the University of Amsterdam and his colleagues identify another beneficial quality … Read More

A Tale of Two Matching Rights

By on / Business Negotiations

In March 2005, German powerhouse SAP agreed to buy Retek, a small company that offered information management software, for $8.50 a share. The deal included a matching right in which Retek committed to negotiate exclusively with SAP for five days if it received a “superior offer.” The matching right didn’t scare away Oracle, SAP’s archrival, … Read A Tale of Two Matching Rights

Think Like a Mediator

By on / Mediation

To set the stage for a productive discussion, open a difficult conversation with the Third Story, advise the authors of Difficult Conversations. The Third Story is one an impartial observer, such as a mediator, would tell; it’s a version of events both sides can agree on. “The key is learning to describe the gap – … Read Think Like a Mediator

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