Question

First, you will need to conduct research to identify two public organizations that have recently, or are currently, negotiating a conflict. Be sure there are newspaper articles or other resources that sufficiently document both sides of the conflict. Remember that when generating alternative solutions, the parties to a negotiation must both actively participate in the conflict resolution, so make sure you are able to identify documentation related to the efforts of negotiation coming from both sides the conflict. Watch for emotions, personality, and bias that may result in a party’s inability or unwillingness to listen or accept alternative solutions to a problem.

After sufficiently researching the conflict you will need to choose one side of the conflict you would like to represent. You will then need to create an Integrative Negotiation Planning Strategy for the party you are representing based on the facts of the conflict identified.

After you have completed your Integrative Negotiation Planning Strategy, summarize the conflict and proposed alternate solution. Be sure to describe the conflict.

1. Identify the side that you have chosen.  
2. What would be be your BATNA if the negotiation breaks down?
3. What are your most important interests, ranked in order?
4. What is the other side’s BATNA and what is its interests?
5. Does each side have any interests that may be mutual?
6. What value may be created for resolving the conflict?
7. Identify any emotions, personality, and bias you observed in the conflict and how that affected negotiation.

Answer 1

We will discuss the famous conflict negotiation case of two major technology companies, Apple and Qualcomm. The primary reason behind the conflict was:

Apple bought modern chips from Qualcomm, however they were chafed under their pricing requirements. This included paying licensing fees for its patents. I will be representing Apple in this dispute and will chart a negotiation planning strategy for Apple.

Negotiation Planning Strategy for Apple:

1. Preparation:

- Understanding the merits of the argument proposed by Qualcomm and develop a counter argument.

- Build key arguments in favour of predatory pricing strategies of Qualcomm.

2. Relationship Understanding

- Understanding the relationship of Apple with Qualcomm and its various contractors and suppliers.

- Understanding the relationships that Qualcomm has with its contract manufacturers.

3. Information Gathering

- Understanding about Qualcomm’s licensing model and how its licensing business works in further detail.

- Comparing it with norms in mobile industry and preparing an argument.

- Understanding who licenses Qualcomm technology and how they work with other players in mobile industry.

Summary of the conflict: Apple has challenged Qualcomm’s legal right to charge royalties for using its technology, whereas Qualcomm has argued that Apple has to pay a percentage of their revenues towards use of their Qualcomm patents.

1. What would be your BATNA if the negotiation breaks down?

Apple to offer Qualcomm a one-time payment if the negotiation breaks down. It will end all litigation and renegotiate on the 6 year global patent license.

2. What are your most important interests, ranked in order?

- Ensure a fair negotiated amount for the one-time payment

- Ensure all the unfair patents be dissolved

- Ensuring fair agreements for future license contracts

3. What is the other side’s BATNA and what is its interests?

- Get a fair deal from Apple on its license patents

- Ensure the working relationship with Apple is not affected for future business.

4. Does each side have any interests that may be mutual?

- Both Apple and Qualcomm want a fair deal and want to negotiate on terms of license patent use such that they can continue working together for smartphone manufacturing

- The current business most not be affected majorly as an offset due to negotiations

5. What value may be created for resolving the conflict?

- Qualcomm wants to retain its value which it has established in the marketplace for its technology, while apple can continue to leverage business value by using Qualcomm’s technology.

6. Identify any emotions, personality, and bias you observed in the conflict and how that affected negotiation.

- Qualcomm had a lot of emotions as it had put in lot of efforts to build a path breaking technology. We see some bias towards Qualcomm due to this as they are also almost ten times smaller than Apple and are viewed as someone fighting a much larger corporation. However this did not have any adverse effect on the terms of negotiation or conflict resolution.