Course Learning Objectives:
After completing this module, students should be able to:
Compare and contrast the disputants, advocates, and constituents in a conflict
Outline the major steps to take to handle an interpersonal conflict
Assess the value of negotiations and the strategies used
Compare and contract facilitative and evaluative mediation
Explain how disputants’ rights are protected in the mediation process
Identify the steps in the arbitration process and briefly describe each step
Describe the strengths and weaknesses of nonbinding evaluation processes
Required Readings:
Craver, C. B., Garvey, J. B. (2021). Skills & Values: Alternative Dispute Resolution: Negotiation, Mediation, Collaborative Law, and Arbitration, 2nd Edition. Carolina Academic Press: ISBN 9781531022921
Module Resources:
Read this article:
https://www.pon.harvard.edu/daily/batna/10-hardball-tactics-in-negotiation/
Module Summary Notes:
When people prepare for bargaining encounters, they spend hours on the factual issues, the legal issues, the economic issues, and the political issues. How much time do they spend on their actual negotiation strategy? Usually no more than ten to fifteen minutes. When they begin an interaction, most negotiators have only three things in mind relating to their bargaining strategy: (1) where they plan to begin; (2) where they hope to end up; and (3) their bottom line. Between their opening offer and the conclusion of their encounter, most individuals “wing it,” thinking of the interaction as wholly unstructured. If they only understood how structured bargaining transactions are, they would know what to do during each stage of the process! In this module, we will explore the six distinct stages of the negotiation process: (1) Preparation; (2) Preliminary; (3) Information; (4) Distributive; (5) Closing; and (6) Cooperative.
Moreover, when individuals negotiate, there are a relatively finite number of techniques they can employ to advance their interests. It is beneficial for negotiators to under-stand the different techniques both to enable them to decide which ones they should use and to allow them to recognize and counteract the tactics being used by their counterparts. We will focus on the most common and interesting ones
In this module, we will discuss negotiation tactics. We encourage you to read this in conjunction with the online materials for this chapter, where you will find video examples and other supplemental materials. You will find some of them offensive and even lame, but you need to be aware of the tactics so you can name them if they are used on you in a negotiation. If you can silently name a tactic when it’s being used, it makes it much less likely that you will get “hooked” by it. Also, to a limited extent, the concept behind some of these tactics is sound, and you may want to include them in your tool kit. After you become familiar with all of them, you will see that negotiators use them in various ways. Like a good composer, they create a theme and variations, using the instruments to their advantage.
WRITING ASSIGNMENT:
The number one obstacle facing foreigners in the movie industry in China is that, by law, they are not allowed to operate independently but instead must work with a state-run distribution company like China Film Group Corp.
Note that even if a movie is licensed to a Chinese entity, it does not mean it can play freely. Sometimes foreign programs are pulled from the air or the web if they become too popular and pose a potential “threat,” in the form of stiff competition, to domestically produced content. Quotas limit the amount of foreign programming also exist. Also, films will be banned if considered violent or sexual.
Under the Chinese regulations that govern film productions, foreign filmmakers have three options:
1. Co-productions, in which both parties contribute funding, talent, and production assets;
2. Assisted productions, where the foreign party provides funding and the Chinese party is paid to provide support such as production equipment, facilities, and labor for a film shot in China; and
3. Commissioned productions, in which the foreign party commissions a Chinese company to produce a film in China.
Assume you represent the estate of Kobe Bryant which would like to make a film in China about Kobe Bryant.
In a two to three page paper written and cited in APA format, explain how you would go about negotiating a deal with China Film Group Corp to make this film. Justify your actions. Make sure that your ties to information in the chapter are strong and that you have incorporated no fewer than two credible sources (not counting the textbook).
