Publications

August 2000 (Revised December 2014)
Background Note

Negotiation Analysis: An Introduction

By: Michael A. Wheeler

Provides an overview of the seven elements of negotiation analysis. These elements include BATNAs (nonagreement walk-aways), parties, interests, value-creation, barriers to agreements, power, and ethics. Illustrations are drawn from a range of contexts (from buying a... View Details

Keywords: Framework; Negotiation Tactics; Negotiation Preparation

November 2022
Case

Chêne Bleu: Caught in the Trade Tariff Crossfire

By: Dante Roscini, Elena Corsi and Daniela Beyersdorfer

A French wine estate faced a 25% tariff on its U.S. exports following a multi-decade-long EU-U.S. trade dispute in the aerospace industry. View Details

Keywords: Trade; Globalized Markets and Industries; Business Startups; Business Strategy; Expansion; Family Business; Distribution; Agribusiness; Taxation; Agriculture and Agribusiness Industry; Food and Beverage Industry; Aerospace Industry; France; United States; Europe

January 1991 (Revised January 1992)
Supplement

IBM-Fujitsu Settlement

By: Joseph L. Badaracco Jr.

Describes the decision by the arbitrators chosen to resolve the intellectual property dispute between IBM and Fujitsu. View Details

Keywords: Decisions; Intellectual Property; Business or Company Management; Conflict Management

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04 Apr 2016
Book

How to Negotiate Situations That Feel Hopeless

Keywords: by Carmen Nobel

04 Apr 2016
News

How to Negotiate Situations That Feel Hopeless

November 2000
Exercise

Atlantis-Biovent Negotiation: Confidential Instructions for Atlantis

By: Michael A. Wheeler

This two-party exercise illustrates bidding strategy in the context of settling a large insurance claim. Specifically, the claimant (Biovent) and the insurer (Atlantis) are asked to submit confidential offers to a dispute resolution Web site that will determine whether... View Details

Keywords: Insurance; Bids and Bidding; Digital Platforms; Negotiation Process; Conflict and Resolution; Strategy; Internet and the Web

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November 2000
Exercise

Atlantis-Biovent Negotiation: Confidential Instructions for Biovent

By: Michael A. Wheeler

This two-party exercise illustrates bidding strategy in the context of settling a large insurance claim. Specifically, the claimant (Biovent) and the insurer (Atlantis) are asked to submit confidential offers to a dispute resolution website that will determine whether... View Details

Keywords: Insurance; Bids and Bidding; Emerging Markets; Agreements and Arrangements; Conflict of Interests; Strategy; Web Sites

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March 1987 (Revised July 1996)
Case

Kansas City Zephyrs Baseball Club, Inc.

By: Kenneth A. Merchant, Krishna G. Palepu and Joseph P. Mulloy

Describes a dispute between the owners of the major league baseball teams and the players' union about the profitability of the baseball teams. The issue is important because of the ongoing collective bargaining negotiations. A consultant is brought in to decide... View Details

Keywords: State Ownership; Compensation and Benefits; Entrepreneurship; For-Profit Firms; Accounting; Activity Based Costing and Management; Resource Allocation; Cost Accounting; Cost Management; Labor and Management Relations; Financial Management; Sports; Sports Industry; Kansas

November 2016 (Revised March 2017)
Case

Three Problems in Protecting Competition

By: Benjamin Edelman and Lena Goldberg

In three mini-cases, readers see a range of disputes in competition law—and apply legal principles to assure fair competition. View Details

Keywords: Law; Competition; Fairness

May 2011 (Revised July 2012)
Exercise

Remicade/Simponi: Confidential Instructions for Merck

By: Guhan Subramanian and Rhea Ghosh

This two-party negotiation exercise features a real-life dispute between Merck and Johnson & Johnson regarding European distribution rights to two highly lucrative drugs. View Details

Keywords: Price; Rights; Agreements and Arrangements; Negotiation Deal; Problems and Challenges; Risk and Uncertainty; Pharmaceutical Industry

March 2005 (Revised June 2005)
Background Note

Arbitration between Foreign Investors and Host Governments

By: Louis T. Wells Jr. and Regina Garcia-Cuellar

Explains the emergence of international arbitration as an option for foreign investors with disputes with governments of emerging markets. Presents issues about whether arbitration will remain acceptable to countries and governments. View Details

Keywords: Conflict and Resolution; Foreign Direct Investment; Globalized Markets and Industries; Emerging Markets; Government and Politics

May 2011 (Revised July 2012)
Exercise

Remicade/Simponi: Confidential Instructions for Johnson & Johnson

By: Guhan Subramanian and Rhea Ghosh

This two-party negotiation exercise features a real-life dispute between Merck and Johnson & Johnson regarding European distribution rights to two highly lucrative drugs. View Details

Keywords: Price; Rights; Agreements and Arrangements; Negotiation Deal; Problems and Challenges; Risk and Uncertainty; Europe

April 2011 (Revised March 2012)
Supplement

U.S. Healthcare Reform: Reaction to the Patient Protection and Affordable Care Act of 2010

By: Arthur A. Daemmrich

Supplement to "U.S. Healthcare Reform: International Perspectives" updating key events and disputes concerning the reform law, including the 2010 Congressional elections, legislative proposals, legal challenges, and responses by employers. View Details

Keywords: Governing Rules, Regulations, and Reforms; Government Legislation; Political Elections; Health Care and Treatment; Lawsuits and Litigation; Business and Government Relations; Public Opinion; Health Industry; Public Administration Industry; United States

March 2010
Supplement

Whose Money Is It Anyway? (C)

By: V.G. Narayanan, Richard G. Hamermesh and Rachel Gordon

The case describes how the Brigham and Women's Physicians Organization and its corporate parent resolved the issue of how the disputed funds would be distributed and used. View Details

Keywords: Corporate Governance; Business Subsidiaries; Organizational Design; Conflict and Resolution; Resource Allocation; Health Industry