$0.00 – $6.00
Matt Smith under the supervision of Robert C. Bordone, with revisions by Michael Moffitt
Two-party personal injury settlement negotiation between the attorney for the injured plaintiff and general counsel for the defendant toy manufacturing company
This is a two-party negotiation between the attorney for an injured party (Adam Sidwell) and general counsel for a toy equipment manufacturer (Kiddie Craze, Inc., or KCI), regarding the possible settlement of a personal injury lawsuit. 42-year-old Sidwell was rendered a paraplegic after diving headfirst onto KCI's Super Slipster toy, a long plastic slide that becomes extremely slippery when wet. If the attorneys do not reach a settlement, the case will proceed to a jury trial.
- The tension between value creation and value distribution, along with basic distributive negotiation concepts such as reservation value, aspiration value, anchoring, best alternative to a negotiated agreement (BATNA), and zone of possible agreement (ZOPA).
- The importance of preparation. Each party is given a fairly large amount of information, much of it quantitative. These materials can be used to create objective criteria that could be useful during the negotiation.
- The effects of information asymmetries and information disclosure and/or non-disclosure on the negotiation process.
- The benefits and challenges inherent in negotiating as a representative rather than as a principal.
- The dynamics particular to negotiating in the shadow of the law (i.e., when the alternative to reaching agreement is clearly litigation).
PARTICIPANT MATERIALS INCLUDE:
General Instructions for both parties
Confidential Instructions for:
- Kiddie Craze, Inc.'s general counsel
- Adam Sidwell's attorney
Teacher's Package Includes:
- All of the above
- Teaching note
- Sample Seven-Element Preparation Sheet (handout)
Super Slipster Attributes
|Time required:||1-2 hours|
|Number of participants:||2|
|Neutral third party present:||None|
|Teaching notes available:||Yes|