Discount and Hawkins Case
Case Synopsis
The subject matter of the case is presented as a negotiation between a real estate developer, Hawkins, and a possible anchor tenant, Discount Marketplace. Both parties are represented by professional negotiators: Myra Hart is representing the Hawkins Company and Genia is representing the Discount Marketplace. The Hawkins Company is a real estate developer, who is operating across UK, offering different types of services, such as: Mortgages, Energy Performance Certificates, Sales and Lettings. They are interested in having Discount Marketplace as a tenant in a proposed shopping center. The Discount Marketplace is an innovative national retailer with the main activity focused on
…show more content…
The Developer wished that the Retailer would deal only with soft goods, and asked them to use same product mix for all locations around the country. The proposal was declined because the Retailer felt it was limiting to deal with only soft goods. Retailer wanted to be free in selecting the type of goods and services. Their argument was that they needed to be more flexible regarding their product mix in order to achieve innovation and to follow their advertising strategy. Also the Retailer didn’t agree to use the same product mix across country because their main activity was based around a strategy of adapting the product mix. In order to get to an agreement the Developer suggested limiting the activity to some percentage of the operation area. They offered a limit of 10 – 15% for trial. The Retailer accepted the offer and issue was solved.
2. Operating Covenant Developer’s concern about the contract duration was that the Discount Marketplace would operate for only as long as the business would be viable. Their aspiration level was to sign the contract for a period of minimum 15 years and their soft constrain was to sign the contract for a minimum of 10 years. Developer needed to be sure that the retailer would perform the best they can and they needed to be safe in case the Marketplace wanted to make sudden changes after signing the contract, like changing the location too soon. The Retailer’s aspiration level was to have the contract
I invested a significant amount of time to prepare for the Byrnes, Byrnes & Townsend negotiation meeting. I represented Mrs. Townsend, the plaintiff in this case and I chose co-operative strategies and tactics for this negotiation exercise. For me to address the liability and evaluate the case, I had to divide the facts in four categories: weaknesses and strengths of the opponent, weaknesses and strengths of my case. From the class discussions, I learned that the success of the negotiation directly depends on the preparation stage, therefore, I carefully assessed the obtained information, evaluated interests of both parties, set out substantive, intangible, and procedural goals, developed mine and my opponent`s BATNA, set the limits, and implemented negotiation strategy and tactics.
The warehouse that Mark had sold off when he sold his previous company was still for sale after being on the market for two years and having over $2M spent on getting it ready for sale. Since Mark had an existing relationship with the landlord, the real estate market was at a record low, and Mark didn’t have to take a loan since he still had the cash from his previous venture. The landlord was asking $9/square foot, tempting Mark to make the same mistake that the competition made. Instead of accepting it and falling into the trap, Mark did extensive research on the town and comps in the area and felt confident offering $4.50/square foot in four consecutive five year leases starting at $4, then $4.25, all the way to $5 thus freeing up more working capital for the launch of his business. Mark’s homework on his timing paid off and locked down the warehouse he previously owned but for his new venture.
1. Review text pages 137–139 in Chapter 4. These pages cover step 9 in the planning process, assessing the social context of negotiation.
There were three primary changes that I would make if given the opportunity to redo this negotiation. First, I would more immediately suggest that a contingent contract be used to address the quality of product vs. long-term contract debate. In hindsight, it could have been very efficient to propose an agreement that allowed for Rawmat’s longer term deal while also recognizing Myti-Pet’s desire for higher quality. By not initially considering a contingency contract, our group fell into the trap discussed in Bazerman and Gillespie (1999). We simply did not allow ourselves to consider a contingency contract, and when the idea was first proposed we initially felt uncomfortable with the concept. In hindsight, this reaction was highly unproductive.
However, Candace was very skilled and duplicitous during the negotiation. While at no point did Candace lie to me. She did make the full entirety of Absentia’s plans for the property. It was later revealed to me, after the formal negotiation, that Absentia planned to develop a high-rise hotel directly behind the Bullard House. This is completely unacceptable to my constituents, however, the deal was already agreed upon by the time I was informed. Candace used the questionable negotiation strategy of deception to ensure she received a favorable deal. She knowingly withheld information that would have impact the terms of our deal. For her, the deal was a success. However, I am left feeling mislead. When I would question her about the types of commercial development that her constitutes sought to pursue, she would make vague references to tasteful additions within the property. The lack of effective question is a failure of mine. I should have begun to ask probing questions, as Lewicki suggests, when I realized that she was not fully disclosing information. Instead I allowed the ambiguous answers to be the basis of my decision
This discussion board post will respond to various questions regarding the Contracts Analysis Case Study involving Marshall Petersen and his local health food business from a
• Contracts were exchanged on 2 May 2005 for the purchase of property for $2,130,000 between the plaintiffs and the first defendant.
Lowe’s has entered into the Canadian and Australian market in attempts to gain unclaimed market shares. It has not gained enough traction in the Australian market but has done well in Canada. Lowe’s should focus more on expansion in Canada because of the strong need for Home Improvement stores. Lowe’s has the opportunity to gain more market share by developing a mobile application that allows users to view all items offered and what deals are taking place. Customer service is a top priority in any retail industry, Lowe’s needs to improve this dramatically. Lowe’s needs knowledgeable, friendly-staff that go beyond just showing a customer where a product is in the store. By doing so, Lowe’s will retain more customers and its competitors will lose shares of the market.
In our recent negotiation, my partner Dave and I assumed the roles of Alan Hacker, a computer software developer, and Alan Hacker’s lawyer. Being the lawyer in the negotiation my objective was to avoid litigation with my client’s partner Stanley Star and to aid in the continuation of my client’s co-owned company HackerStar. In addition, I would assist Hacker in coming to an agreement that would be satisfying for him both personally and financially. I felt that Dave and I presented a reasonable argument on Hacker’s behalf and, since I was able to apply some of our class readings during the process, I was overall pleased with the outcome.
Describe the promotional mix used by two selected organisations for a selected product or service.
Pilgrim Assurance is a case that involves a sealed bid auction. Therefore, the auctioneers will need to sell the building to the highest bidder involved at a minimum bid of $15 million. David Bailey is given the decision to decide on how much to bid for an office building. Furthermore, he needs to make the decision whether to lease it as office space or to convert this office space into condominiums. In this case, I will analyze the goals and objectives of Bailey as well as the other participants. The sealed bid auction indicates that they are willing to take a chance on the market and try to receive high bids. There is no problem with the government participant besides using permits to do renovations. There is
CompuCo is attempting to move from a domestic producer to that of an international producer. In order to achieve this feat, the company must have an international focus in regards to its overall business operations. It is quite apparent from the case, that CompuCo does not have the will or desire to be proactive with its international subsidiaries. In order to achieve greater international success, Dr. Durand must first alter the company culture. First, all international subsidiaries should be treated as a primary business irrespective of their individual performance. It seems, through reading the case, that much more emphasis is placed on French product development and applications that is given to its international counterparts. This is a detriment to business as many of CompuCo's international customers have differing tastes and sentiments in regards to product offerings. The case cites numerous examples of this between both French and American consumers. French consumers, for example, like to read product manuals and prefer complexity over simplicity. Their American counterparts however prefer ease of use, and a simple design. The company was slow to discern these changes in consumer demands and elected instead to emphasize its French product design. This created consumer ill-will and
With the permission of the seller, Broker A submits a listing to MLS inviting cooperating brokers to help find a buyer. This is an offer of:
The tenant structure of the shopping center is an important factor in ensuring rent is adequate to make the project viable. The fact that Philipp conceded the hypermarket could have a negative effect on the overriding success of the project. ECE strategy typically relied on these large self-service retail stores. Hypermarkets are very desirable to customers since the warehouse structure enable the stores to offer a wide variety of products (i.e. fresh food, beverages, home supplies, electronics, clothing, car accessories, garden furniture etc.) at discounted prices. This lack of a hypermarket must be offset by assurance and
In the "Cascade Manor" negotiation, I played the role of co-chief city planner. I was part of a team, partnered with the other co-chief city planner and the city's financial director. It was our task to negotiate a deal with a development corporation who wanted to build a residential housing community to revitalize the historic district of our city. We devised a strategy on how we would open and negotiate on the issues. Using this strategy we were able to agree to a deal with the developers, and walk away with a sizeable amount of the "pie". This paper will look at how offering multiple package deals help the negotiator claim resources, and suggests ideas on how to develop an effective multiple offer strategy.