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Negotiation and Decision Making 62

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Chapter 9 Decision Making Advice

9.1 Key Principles to Guide Your Decision-Making

9.1.1 Collect Key Information The following is a series of questions to answer in the search for necessary decision-related information. The questions aim at creating efficiency and productivity in your pursuit of information. First: Information Gap Is there information I lack? What information? Must I have that information to make an informed decision? By what date / time to I need that information? How might I direct my questions to gain the needed information on time? Second: Answering Party To whom will I refer for answers? Are they likely to answer? Third: Timing When should you ask the party your question(s)? Is it necessary to ask it immediately? Does it need to be asked at all? Fourth: Method of Inquiry Should I ask the questions or should another party? How can I create questions and pose them in ways that are most likely to be answered efficiency and effectively? Fifth: Analyzing Answers Did all questions get answered? If no, determine those that were unanswered. Is the information accurate or can I seek confirmation elsewhere? Are all received answers clear? Did I create good rapport with the party questioned? Be sure to thank all who offered you assistance. Six: Moving Forward Am I now ready to proceed with the decision? Did my questions assist in preparing for action? If not, what must I do now to prepare myself to act?



9.1.2 Meet with Others Once you have all necessary data available, organize a meeting with a group of principal players in your decision. This group should not exceed four people. With this group, brainstorm decision possibilities, analyze those decisions and then select your chosen path. You may also consider expanding the conversation beyond this small group in an effort to discover different possible approaches to it. You may have others, possessing different backgrounds or expertise, to give you their ideas and opinions on the decision.

9.1.3 Evaluate Options and Be Creative Make sure you analyze the information and feedback collected thoroughly and correctly. This is key to arriving at a spectrum of options you need to decide on. Be creative with coming up with new options by varying a few parameters. Talk to involved parties to ask them about their flexibility on certain issues. You will be surprised on how your options may be extended if one or few factors can be changed. Cross out all the options that are not viable and ill-times. These are non-options. The more time you mull over those non-viable options, the more time you will waste. However, if you can develop a non-viable option into a viable one within reasonable time, then go for it. It may be your best option after all. Just do not miss the timing by inappropriately prioritizing your options.

9.1.4 Do Not Procrastinate Perform any additional research required and allot yourself a small amount of time in which you intend to complete the work. Send emails or calls essential to making a speedy but informed decision. Good decision makers act, not just think all the time.

9.1.5 Don’t Rush if There is Still Time If there is time, if there are a few days before a deadline, there is no need to rush into a hasty decision. Though time is always a factor, often just one night’s rest provides greater resolve and confidence in a decision.

9.1.6 Avoid Self-Doubt In decisions, many find themselves hindered from doing what they really want by doubt and preconceived notions of what ought to be done. These largely debilitating thoughts hamper success. In order to fight them: - Communicate With Yourself Directly And Honestly



This may mean being honest with yourself not only about where you have failed but also where you have succeeded. When considering where you failed, recreate these issues into questions of how you can improve, etc.

- Think Positively

Don’t be shy. Remind yourself of the progress you’ve made, things you learned, ideas you came up with, and visualize future successes.

- Remind Yourself That There are Other Sides Of Life

Sometimes we forget there is much more. And occasionally we need to remind ourselves there are others and other things beyond and above daily work related decisions.

9.1.7 Monitor the Outcome Once you make a decision, you need to follow up by executing it wisely and monitoring the subsequent developments closely. You may need to take corrective actions if time and situation allow. Even if your decision works well, you need to analyze which set of factors were the main contributors to the great outcome. If you come across similar situations in the future, make sure that you consider any changed variables and fine-tune your decision-making process.



9.2 Selecting a Leadership Method How to handle decisions on small and large scales involves choosing the method by which decisions will be made, in other words, the leadership strategy you choose. Some methods include Autocratic: The leader makes decisions, not necessarily consulting others in the process Collective: The leader includes others in process, but in the end makes the decisions Democratic: The members vote. Decision is made according to a pre-determined majority. The leader is not directly responsible for the decision reached. Consensus: All members agree on a decision. Though there are positive and negative sides to all of these methods, for most decisions especially large ones the notion of singular decision-making is not as effective. Good decisions rest on at least some measure of consultation with others. In all decisions, devising ways to solve problems before they get out of hand is essential to wise solutions. • Locate the dilemma

• Conduct investigative research into the difficulty

• Brainstorm approaches to solving, or possibly, not solving problem

• Analyze the possibilities and then discuss the pros and cons

• Arrive at a decision

• Create a plan of implementation



9.3 Making Ethical Decisions The creation of an ethical code in a business creates principles which should guide corporate decision making. It requires determining what beyond profit is important to you and your colleagues. As ultimately an ethical work environment based on firm principles creates profit, improved productivity and increased product satisfaction, it not only makes you more dedicated and confident in the quality of your product, but also leads to a stronger business. The creation of an ethical code involves the following steps.

§ Develop foundational principles

§ Consider other options.

§ Conduct research on other options

§ Consider risks involved

§ Write the ethical principles. A large part of the difficultly in establishing foundational ethical principles is the difficultly in coming to an agreement. It is usually a wise option to include respect for the following endeavors or individuals: Basic Human Rights, in your corporation and in other areas you work. (Life, Liberty, Property)

§ Vacation § Family § Older people § Equality

Yet, there are many more and they should be discussed by a broad group of staff in order to ensure not only executive commitment but full commitment to establish ethical principles. Prior to implementation, staff should be aware of the need for the code. Why has it been established? Why was it necessary? Corporate audits tend to provide useful specific examples to explain the development of ethical codes. Through strict executive command, the leadership of human resources, or the creation of an executive council, many companies implement their ethical codes. Yet, often the best method of ethical code implementation is rooted in cooperation and open discussion on implementation and purpose between corporate executives and managers.



Chapter 10 Cultural Sensitivity & Etiquette

10.1 Overview Culture can be defined as views and values possessed by people who have common experience and/or similar education. That shared experience may relate to a variety of spheres: Social, Educational, Geographic, Religious, Political, Corporate, etc. Thus, all these factors that influence culture determine expectations, views, and values. Oftentimes culture is the basis for self-identity and community. We need to be aware of the complicated nature of culture. It takes time, observation, study, reflection, communication and exploration for you to get to know a new culture well. It is a repeated yet progressive process. An infinite variety of factors affect cultural beliefs and practices.

§ The religion practiced, the language spoken, the roles of men and women, the sense of humor, the perception of Nature, the importance of individual pursuits, the importance of the group and the meaning of gestures are but some of the elements that define a culture.

§ Within every classroom in a given culture, a different micro culture also dictates levels of

formality and prestige accord students and faculty outside and within the classroom, and student and teacher roles and behaviors.

§ Within corporate culture too, there is another set of factors influencing interaction and

these may differ from corporation to corporation. How you greet a colleague, how you write and the purpose of that writing, how you present in a meeting, and whether you meet co-workers outside of work reflect some of the ways in which a corporation develops its own mode of interaction within a given broader culture.

Just as culture plays an important role in human relationships and behavior, it also plays an important part in international business. The need to overcome cultural differences becomes more apparent when we consider the unfortunate consequences of neglecting the importance of other cultures: 1) Financial losses. 2) Missed chances for beneficial business relationships. 3) Awkwardness, embarrassment, or even humiliation 4) Inefficiency and frustrations as a result of miscommunication.



10.2 Cross Cultural Communication Culture is not stagnant; it changes over time. And though culture is such a broad, dynamic term, we can work to understand a corporation’s or individual’s cultural context better and thus better communicate with them.

1. Identify the cultural context. i. What religious, corporate, socio-economic community are you engaging?

ii. What does that community value? iii. What are those unconscious biases and assumptions?

2. Identify cross-cultural differences.

General Differences i. How do you differ from them? How are you similar to them?

ii. Do you consider the culture to be economically and culturally conservative or liberal? iii. What is a typical family relationship? Do family members stay close all the time and

provide financial means for each other? Do parents make key decisions for children? Does extended family exert a strong influence in the decision-making process?

iv. What is the traditional level of formality in interactions? v. What seems to matter most: individual achievement or group achievement?

vi. How much cultural diversity or homogeneity exists within a culture? vii. Do words have the same meaning? Does, for example, tomorrow mean tomorrow, or

next week? Specific Differences Related to Business

viii. Does the culture stress developing trust before joint collaboration on specific projects? Is it goal-oriented or relationship-focused?

ix. How are business presentations and meetings conducted? x. What are the most commonly accepted after-work social events?

xi. Are there specific male and female roles within business or within the home? For example, are women in upper management positions? Are men often subordinate to women or vice versa?

xii. Are directors, presidents, or those in upper management to be accorded special respect?

xiii. Are key decisions made by one or a few people behind the scene? Or is it more of a group consensus in public?

Specific Differences Related to Education

xiv. What is the main goal of education? Is it to foster innovation or to reinforce tradition? Does it advocate depth of a chosen major or breadth of both science and literal arts? How much emphasis is given to ethics and values?

xv. Does education confer social status or prestige? Are certain degrees highly coveted? Is there a different benchmark for different genders in the same culture?



xvi. What is the typical relationship between teacher and student? What kind of social status and respect are accorded a teacher? How long does such a relationship last? How difficult is it to become a teacher? How permanent is a teaching position at a given school?

xvii. What are classroom dynamics? Are there mainly lectures by teachers? Is active student involvement valued or not? Are all students or only certain selected members of the class encouraged to voice their opinions? Do students ask questions in public or in private? Is a challenge from a student to the instructor viewed positively or negatively?

These questions are not intended to be all inclusive. Rather, they represent some often encountered cultural differences. Most of them do not result in absolute answers, but rather through addressing them, you will become aware of possible areas of misunderstanding between your own culture and the culture with which you are seeking to do business. In sum, the key factors in cultural differences include:

§ Perception of Gender Roles § Perception of Space

§ Perception of Time

§ Perception of Success § Perception of Change/Risk § Individualism Vs. Collectivism § Directness Vs. Indirectness § Emotion Vs. Logic § Importance of Hierarchies § Verbal Vs. Non-Verbal Communication Behaviors § Role of Humor § Different Ways of Saying “No”

Special Notes on Perception of Space Research suggests that there are four major zones of personal space which carry meaningful importance in cross-cultural communication. The categorizations below exclude various factors such as availability of the space, the type of settings, the emotion of the surroundings, etc. It also does not factor into the involving nature of culture.



• Intimate zone (for close relationships) - less than 18 inches (about 0.5 meter)

• Personal zone (for friends) - 18 inches to 4 feet (0.5 to 1.2 meters)

• Social zone (for work) - 4 feet to 10-12 feet (1.2 to 3+ meters)

• Public zone (for formal interaction) – 10-12 feet and greater (3+ meters and more) The diagram below represents a general view of the varying perceptions of personal space among selected countries. The list is not meant to be all inclusive. Rather, it serves only for illustrative purposes. CLOSE DISTANT LATIN AMERICA UNITED STATES CHINA JAPAN ARAB STATES GERMANY INDIA

↑ RUSSIA

KOREA FRANCE ITALY SPAIN PORTUGAL



3. Identify direct and indirect communication styles. It is generally accepted that Eastern cultures prefer greater indirectness in business engagements than Western Cultures, especially North American and Germanic cultures. In order to identify whether directness or indirectness is favored, it is useful to ask the following:

i. Is communication simple and broad or complex and detailed? ii. Does communication involve a clear logic?

iii. Is emotion a key factor? iv. What degree of informality?

The diagram below provides a preliminary view of the broad cultural tendencies of certain countries. DIRECT INDIRECT UNITED STATES JAPAN CANADA CHINA SWITZERLAND ARAB STATES GERMANY GREECE AUSTRIA RUSSIA

↑ UNITED KINGDOM

FRANCE ITALY SPAIN LATIN AMERICA

4. Identify effective communication practices.

i. When is oral communication appropriate? ii. When is written communication appropriate?

iii. What is the most popular way to conduct a business presentation? iv. Is it a constructive or negative approach in facilitating interactions if the objectives

are explicitly stated in the beginning? v. Other practices include:

§ Patterns of reasoning and argumentation § Level of formality in inter-personal communications



10.3 Tips for Cultural Sensitivity & Etiquette The most effective means of cross-cultural communication is to stay open-minded, flexible and adaptable to the other culture. That means:

§ Avoid ethnocentrism and go beyond stereotypes. § Always seek common ground. § Be observant. Pay close attention to non-verbal cues such as facial expression, body

language, and reaction from other members of the same group. § Be diligent. Study your own and other cultures. Study the corporate culture of the

company which will interview you or make you a job offer. § Ask someone you trust about common or most effective practices. Discuss your

confusion, doubts or even fears. § Last but not least, be patient, be tolerant and be accommodating!

Specifically, you can follow the spectrum below to devise your own strategies in achieving most effective communication when dealing with a different culture within a limited time period. If BOTH you and your counterpart have little knowledge of each other’s culture,

consider using a mediator or a mutual acquaintance with excellent knowledge of both cultures and the situation at hand. ↓

If you have substantially greater knowledge about your counterpart’s culture, consider accommodating the other’s culture practices to reach a most time-effective resolution.

↓

If you have substantially less knowledge about your counterpart’s culture, consider asking your counterpart to accommodate your cultural practices in the interest of time while you proactively learn about the other culture.

↓

If BOTH you and your counterpart have excellent knowledge of each other’s culture, just improvise and adapt to each other’s verbal and non-verbal cues creatively.



Chapter 11 Simulation Exercises

11.1 Job Offer You received a job offer from a medium-sized firm after multiple, grueling rounds of interviews with about 5 people. Now it is time to sit down with the campus recruiter to finalize the nitty-gritty of the employment terms. Remember, depending on the company policy and size, these terms may be standardized and you may not have much leeway in making a particularly customized contract. This exercise is purely designed for simulation purpose only. Task Summary Negotiation Category: Distributive (for the purpose of this exercise) Negotiation Subject: Terms of Employment Number of Parties: 2 Role-play: Yes (Recruiter vs. Candidate) Handout: Separate payout schedule for each party Information-Keeping: Do not share with the other party your payout schedule and your total

score at any time of the negotiation Goals: 1) Reach an agreement within allotted time (15-30 mins recommended) 2) Score higher based on payout schedule for each party



Negotiation Mix (9 Items in Total) - Annual Salary

o US$80,000 – US$90,000 - Bonuses (agreement can include one or more choices - results can be cumulative)

o Sign-on bonus o Guaranteed year-end bonus o Additional performance bonus

- Designation

o Rotational Program across Groups o Direct Placement into a Group

- Office Location

o New York o London

- Relocation Package

o Fixed amount payout of $5000 o Reimbursement under $4000 o Pre-arranged package by the company

- Benefits (agreement can include one or more choices - results can be cumulative)

o Health care insurance, dental, vision, 401K, life insurance - Vacation Time

o 4 weeks o 3 weeks o 2 weeks

- Vacation Time Carryover

o Accrued within 3 years o No carryover from year to year

- Starting Date

o September o August



Negotiation Exercise (Job Offer) Payout Schedule - Recruiter

Item Recruiter

Annual Salary US$80,000 60 US$82,000 50 US$84,000 40 US$86,000 30 US$88,000 20 US$90,000 10

Subtotal – Maximum 60

Bonuses Sign-on bonus -5

Guaranteed year-end bonus 0 Performance bonus 15

Subtotal – Maximum (cumulative) 15

Designation Rotational Program across Groups 10

Direct Placement into a Group 30 Subtotal – Maximum 30

Office Location

New York 5 London 20


Relocation Package Fixed amount payout of $5000 5 Reimbursement under $4000 10

Pre-arranged package by the company 15 Subtotal – Maximum 15

Benefits

Health care basic insurance 15 Dental 0 Vision 0 401K 0

Life insurance 5 Subtotal – Maximum (cumulative) 20

Vacation Time

4 Weeks 5 3 Weeks 10 2 Weeks 20




Vacation Time Carryover

Accrued within 3 years 0 No carryover from year to year 20


Starting Date August 40

September 10 Subtotal – Maximum 40

Total – Range 40 - 240



Negotiation Exercise (Job Offer) Payout Schedule - Candidate

Item Candidate

Annual Salary US$80,000 10 US$82,000 20 US$84,000 30 US$86,000 40 US$88,000 50 US$90,000 60


Bonuses Sign-on bonus 30

Guaranteed year-end bonus 25 Performance bonus 15

Subtotal – Maximum (cumulative) 70

Designation Rotational Program across Groups 10

Direct Placement into a Group 5 Subtotal – Maximum 10

Office Location

New York 25 London 10


Relocation Package Fixed amount payout of $5000 30 Reimbursement under $4000 20

Pre-arranged package by the company 10 Subtotal – Maximum 30

Benefits

Health care basic insurance 15 Dental 20 Vision 25 401K 10

Life insurance 5 Subtotal – Maximum (cumulative) 75

Vacation Time

4 Weeks 20 3 Weeks 10 2 Weeks 5




Vacation Time Carryover

Accrued within 3 years 20 No carryover from year to year 0


Starting Date August 5

September 10 Subtotal – Maximum 10




Negotiation Exercise (Job Offer) Payout Schedule - Summary

Item Recruiter Candidate

Annual Salary US$80,000 60 10 US$82,000 50 20 US$84,000 40 30 US$86,000 30 40 US$88,000 20 50 US$90,000 10 60

Subtotal – Maximum 60 60

Bonuses Sign-on Bonus -5 30

Guaranteed Year-end Bonus 0 25 Performance Bonus 15 15

Subtotal – Maximum (cumulative) 15 70

Designation Rotational Program across Groups 10 10

Direct Placement into a Group 30 5 Subtotal – Maximum 30 10

Office Location

New York 5 25 London 20 10


Relocation Package Fixed amount payout of $5000 5 30 Reimbursement under $4000 10 20 Pre-arranged package by the

company 15 10


Benefits Health care basic insurance 15 15

Dental 0 20 Vision 0 25 401K 0 10

Life insurance 5 5 Subtotal – Maximum (cumulative) 20 75

Vacation Time

4 Weeks 5 20 3 Weeks 10 10 2 Weeks 20 5




Vacation Time Carryover Accrued within 3 years 0 20

No carryover from year to year 20 0 Subtotal – Maximum 20 20

Starting Date

August 40 5 September 10 10


Total – Range 40 - 240 65 - 320



11.2 Office Lease You are asked to start a New York office for a Los Angeles-based consulting company. You shopped for 4 weeks with a broker’s assistance and finally located a space you feel is suitable for the next few years. You are about to meet with a manager in the leasing office of that building and discuss the final terms of the lease. Remember in such situations attorneys are typically present as well. However, it is really up to you to make all the decisions related to major terms as you know your business plan and resources the best. Task Summary Negotiation Category: Distributive (for the purpose of this exercise) Negotiation Subject: Terms of Office Lease Number of Parties: 2 Role-play: Yes (Leasing Officer vs. Prospective Tenant) Handout: Separate payout schedule for each party Information-Keeping: Do not share with the other party your payout schedule and your total

score at any time of the negotiation Goals: 1) Reach an agreement within allotted time (15-30 mins recommended) 2) Score higher based on payout schedule for each party



Negotiation Mix (9 Items in Total) - Base Rent

o US$40 – US$50 per square foot - Annual Increase in Rent (Escalation)

o 2%-5% - Move-in Date

o August 1 – Sept 1 - Lease Terms

o 3-5 Years - Pre Move-in Build-out

o 3-5 Offices - Property Insurance Coverage

o 3-5 Millions - Number of Rent-Free Months

o 2-4 Months - Deposit Required

o 4-7 Months - Personal Guarantee Required

o Yes/No



Negotiation Exercise (Office Lease) Payout Schedule – Leasing Officer

Item Leasing Officer

Base Rent (per sq. ft) US$40 0 US$43 20 US$47 35 US$50 50


Annual Increase in Rent (Escalation) 2% 5 3% 10 4% 15 5% 20


Move-in Date August 1 15 August 15 10

September 1 5 Subtotal – Maximum 15

Lease Terms

3 Years 0 4 Years 10 5 Years 20


Pre Move-in Build-out 3 offices 15 4 offices 5 5 offices 0


Property Insurance Coverage $3 millions 0 $4 millions 10 $5 millions 15


Number of Rent-Free Months 2 months 40 3 months 20 4 months 0




Deposit Required 4 months 10 5 months 20 6 months 30 7 months 40


Personal Guarantee Required Yes 50 No 0





Negotiation Exercise (Office Lease) Payout Schedule – Prospective Tenant

Item Prospective Tenant

Base Rent (per sq. ft) US$40 60 US$43 40 US$47 30 US$50 0


Annual Increase in Rent (Escalation) 2% 20 3% 15 4% 10 5% 5


Move-in Date August 1 5 August 15 20

September 1 30 Subtotal – Maximum 30

Lease Terms

3 Years 15 4 Years 10 5 Years 5


Pre Move-in Build-out 3 offices 5 4 offices 10 5 offices 15


Property Insurance Coverage $3 millions 25 $4 millions 10 $5 millions 0


Number of Rent-Free Months 2 months 5 3 months 15 4 months 25




Deposit Required 4 months 20 5 months 15 6 months 10 7 months 5


Personal Guarantee Required Yes 0 No 35





Negotiation Exercise (Office Lease) Payout Schedule - Summary

Item Leasing Officer Prospective Tenant

Base Rent (per sq. ft) US$40 0 60 US$43 20 40 US$47 35 30 US$50 50 0


Annual Increase in Rent (Escalation) 2% 5 20 3% 10 15 4% 15 10 5% 20 5


Move-in Date August 1 15 5 August 15 10 20

September 1 5 30 Subtotal – Maximum 15 30

Lease Terms

3 Years 0 15 4 Years 10 10 5 Years 20 5


Pre Move-in Build-out 3 offices 15 5 4 offices 5 10 5 offices 0 15


Property Insurance Coverage $3 millions 0 25 $4 millions 10 10 $5 millions 15 0


Number of Rent-Free Months 2 months 40 5 3 months 20 15 4 months 0 25




Deposit Required 4 months 10 20 5 months 20 15 6 months 30 10 7 months 40 5


Personal Guarantee Required Yes 50 0 No 0 35


Total – Range 20 - 265 30 - 245



11.3 Business Partnership You are about to expand your own language training business ABC English from the US into Italy. An Italian businessman Giovanni from Milan contacted you proactively and wants to start a business of his own while leveraging on your name brand and published course books and video recordings. There will be too much of risk for you to start your own office in Italy since you have limited local knowledge and no business contacts. You also don’t have the substantial financial resources required for such an endeavor. Hence you would like to establish a mutually beneficial partnership with Giovanni. Task Summary Negotiation Category: Integrative (for the purpose of this exercise) Negotiation Subject: Terms of Business Partnership Number of Parties: 2 Role-play: Yes (ABC English vs. Giovanni) Handout: Separate payout schedule for each party Information-Exchanging: 1) Share information strategically to find common ground, build trust and

facilitate a win-win situation 2) Do not share any specific payout points with each other Goals: 1) Reach an agreement within allotted time (15-30 mins recommended)

2) Score higher on a combined basis based on payout schedule for each party 3) Be creative and explore all other unlisted possible ways to maximize combined profits



Negotiation Mix (for illustrative purposes) - Initial Investments Allocation

o 0-50% for ABC English; 100%-50% for Giovanni - Profit Allocation

o 20%-50% for ABC English; 80%-50% for Giovanni - Business Entity

o Joint Branding o Independent Branding

- Teachers (agreement can include one or more choices - results can be cumulative)

o Recruitment o Training o Certification

- Course Book File Release

o Yes or No

- Course Book Printing o Local Printing in Italy or not

- Marketing

o Joint o Independent

- Admin Support

o Headquarters vs. Local - Shared Website and Email - Future Expansion to Other Cities in Italy - Exclusivity Terms

o Yes or No



Negotiation Exercise (Business Partnership) Payout Schedule – ABC English

Item ABC English

Initial Investments Allocation 0% from ABC English 60 10% from ABC English 50 20% from ABC English 40 30% from ABC English 30 40% from ABC English 20 50% from ABC English 10


Profit Allocation 20% for ABC English 10 30% for ABC English 20 40% for ABC English 30 50% for ABC English 35 Subtotal – Maximum 35

Business Entity Joint Branding 20

Independent Branding 15 Subtotal – Maximum 20

Teachers

Recruitment 0 Training 10

Certification 5 Subtotal – Maximum (Cumulative) 15

Course Book File Release

ABC Releases Files 5 ABC Does not Release Files 15


Course Book Printing Local Printing in Italy 25

No Local Printing 0 Subtotal – Maximum 25

Marketing

Joint 5 Independent 20


Admin Support U.S. 5



Local - Italy 15 Subtotal – Maximum 15

Shared Website and Email

Yes 15 No 0


Future Expansion to Other Cities in Italy

Yes 20 No 5


Exclusivity Terms Yes 40 No 0


Total - Range 280



Negotiation Exercise (Business Partnership) Payout Schedule – Giovanni

Item Giovanni

Initial Investments Allocation 0% from ABC English 30 10% from ABC English 35 20% from ABC English 35 30% from ABC English 35 40% from ABC English 40 50% from ABC English 45


Profit Allocation 20% for ABC English 50 30% for ABC English 40 40% for ABC English 35 50% for ABC English 30 Subtotal – Maximum 50

Business Entity Joint Branding 20

Independent Branding 5 Subtotal – Maximum 20

Teachers

Recruitment 30 Training 15

Certification 15 Subtotal – Maximum (Cumulative) 60


ABC Releases Files 25 ABC Does not Release Files 0


Course Book Printing Local Printing in Italy 20

No Local Printing 5 Subtotal – Maximum 20

Marketing

Joint 25 Independent 5


Admin Support U.S. 10



Local - Italy 20 Subtotal – Maximum 20


Yes 15 No 5



Yes 5 No 10


Exclusivity Terms Yes 15 No 20


Total - Range 310



Negotiation Exercise (Business Partnership) Payout Schedule – Summary

Item ABC English Giovanni Combined

Initial Investments Allocation 0% from ABC English 60 30 90

10% from ABC English 50 35 85 20% from ABC English 40 35 75 30% from ABC English 30 35 65 40% from ABC English 20 40 60 50% from ABC English 10 45 55

Subtotal – Maximum 60 45 90

Profit Allocation 20% for ABC English 10 50 60 30% for ABC English 20 40 60 40% for ABC English 30 35 65 50% for ABC English 35 30 65 Subtotal – Maximum 35 50 65

Business Entity Joint Branding 20 20 40

Independent Branding 15 5 20 Subtotal – Maximum 20 20 40

Teachers

Recruitment 0 30 30 Training 10 15 25

Certification 5 15 20 Subtotal – Maximum (Cumulative) 15 60 75


ABC Releases Files 5 25 30 ABC Does not Release Files 15 0 15


Course Book Printing Local Printing in Italy 25 20 45

No Local Printing 0 5 5 Subtotal – Maximum 25 20 45

Marketing

Joint 5 25 30 Independent 20 5 25


Admin Support U.S. 5 10 15



Local - Italy 15 20 35 Subtotal – Maximum 15 20 35


Yes 15 15 30 No 0 5 5



Yes 20 5 25 No 5 10 15


Exclusivity Terms Yes 40 15 55 No 0 20 20


Total - Range 280 310 255 - 520



11.4 Business Combination Your financial advisory business New Horizons is growing fast but the competition is fierce. You believe that in order to firmly secure your market share and continue the growth, you need to combine your business with a similar sized or bigger company in the same sector but with minimal overlapping customers or business lines. One of the potential merger candidates is BH Advisory. They focus on west coast customers while you focus on east coast. They focus on selling stocks while you focus on fixed income securities. They are more profitable and have acquired some small businesses in the past. Task Summary Negotiation Category: Hybrid (for the purpose of this exercise) Negotiation Subject: Terms of Business Combination Number of Parties: 2 Role-play: Yes (New Horizons vs. BH Advisory) Information-Exchanging: 1) Share information strategically to find common ground, build trust and

facilitate a win-win situation while maximizing your own points 2) Do not share any specific payout points with each other Goals: 1) Reach an agreement within allotted time (15-30 mins recommended)

2) Score higher on a combined basis based on payout schedule for each party while striving for a high score for yourself 3) Be creative and explore all other unlisted possible ways to maximize joint benefits as one combined entity going forward



Negotiation Mix (for illustrative purposes) - Maximize Deal Synergies - Projected Technological Investments

o New Horizons Solely: $1-3 Millions - Maximize Deal Synergies - Conflicting Clientele Focus

o Institutional Clients o Retail Clients

- Maximize Deal Synergies - Conflicting Geographical Markets Focus

o East Coast o West Coast

- Maximize Deal Synergies – Non-Conflicting Geographical Markets Focus

o Expansion into Japan o Expansion into Mexico

- Economics - Currency

o Cash o Stock o a Combination of Cash and Stock

- Economics - Total Transaction Value

o $10-$15 Millions - Payment Timing

o All Upfront vs. Milestone Payments over Three Years - Key Employee Retention Plans

o Number of Key Employees to be Retained o Incentive Packages (Options & Bonuses)

- Exclusivity During Due Diligence Period

o Yes vs. No - No-Solicitation of New Offers Between Transaction Announcement Date and Closing Date

o Yes vs. No - Break-up Fee

o Mutual vs. Unilateral



Negotiation Exercise (Business Combination) Payout Schedule - Summary

Item New Horizons BH Advisory Combined Maximize Deal Synergies -

Projected Technological Investments

$1 MM from New Horizons 60 $2 MM from New Horizons $3 MM from New Horizons
