...PROGRAM ON NEGOTIATION AT HARVARD LAW SCHOOL AN INTER-UNIVERSITY CONSORTIUM TO IMPROVE THE THEORY AND PRACTICE OF CONFLICT RESOLUTION PARKER – GIBSON TEACHER’S PACKAGE Review Copy Do Not Reproduce P ROGRAM O N N EGOTIATION AT H ARVARD L AW S CHOOL AN INTER-UNIVERSITY CONSORTIUM TO IMPROVE THE THEORY AND PRACTICE OF CONFLICT RESOLUTION PARKER-GIBSON Teaching Notes Parker-Gibson is a two-party, single-issue negotiation for the purchase of a vacant lot. It is a refinement of an earlier simulation, Appleton-Baker. Overview The Parkers and Gibsons are neighbors. A vacant parcel of land, now owned by the Parkers, sits between their two house lots. The vacant parcel is smaller than the minimum required by zoning for a building lot, but potentially has value to abutters for "accessory uses" or simply as a buffer. The Parkers bought the land 15 years ago for $20,000 thinking that they might build a tennis court on it, but never went ahead with this project. The Parkers recently sold their house, but the purchasers are not very interested in buying the extra land. As a result, the Parkers have approached the Gibsons to see if they would like to acquire the parcel. As it happens, there is a large bargaining range in this case. The Parkers are moving out of state and will reluctantly sell the land for $15,000 to the purchaser of their home if the Gibsons aren't interested in buying the lot. Unbeknownst to the sellers, the Gibsons are very interested in purchasing the land...
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...BADM 7160 Negotiation, persuasion & Influence Negotiation, persuasion & Influence By Kishore Kondapalli All of us negotiate all the time, at work, at home, with colleagues, counterparts, family, and friends. We hope to learn from experiences and build our negotiation skills to become better negotiators, but do these experiences help us to improve? Unfortunately, an honest assessment suggests that the answer is often “no.” Reading about negotiation theories is no guarantee of improvement or having more experience negotiating does not necessarily make someone a better negotiator. Instead, most of us seem to not notice the learning opportunities we are surrounded with due to lack of attention (http://lawweb.colorado.edu/profiles/pubpdfs/peppet/learning.pdf Page 1). We assess ourselves and others in our day to day activity, for example at work, under performance review. When it comes to negotiating there are many methods and instruments, but preparation is the key for effective negotiation. Successful preparation composes of three general abilities, which are self-assessment, assessment of the others and assessment of the situation(M&H: Pg 13). During class we practiced two methods of self-assessment, which are Thomas Kilmann Conflict Instrument (TKI) and Myers Briggs. The Thomas-Kilmann Conflict Instrument (TKI) assesses an individual’s behavior in conflict situations in which the concerns of two people appears to be incompatible. In conflict situation,...
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...CONTENTS 1. Executive Summary 2 2. Purpose 3 3. Discussions 3 4. Part A 3 4.1. Introduction 3 4.2. Group Theories 4 4.3. Team Theories 9 4.4. Conclusion 11 5. Part B 12 5.1. Introduction 12 5.2. Questionnaire 12 5.3. Questionnaire Scores 14 5.4. Tuckman Model: Johannesburg Central Team Score 15 6. Part C 15 6.1. Introduction 15 6.2. Team demographics 15 6.3. Team Effectiveness 16 7. Bibliography 21 FIGURES Figure 1: Approximation of the Punctuated Equilibrium Model. Figure 2: Asch Comparison Cards. Figure 3: Tuckman Model: Johannesburg Central Team Score TABLES Table 1: Relationship between Group Cohesiveness and Agreement with Organizational Goals. Table 2: Mature Work Group or Team Questionnaire. Table 3: Individual Team Member and Team Scores. 1. Executive Summary Group work and team work have especially become indispensible to the achievement of success in the world. Group work and team work have been used since the beginning of humanity. So what has changed? Competitiveness has forced a substantially, reduced cycle time requirement to turnaround capabilities and products in a much shorter period of time. An individual’s effort to achieve the required cycle time would not meet requirements on a number of levels: the requirement for various knowledge and skills, enhanced decision making by leveraging the strengths of diversity and assurance that the required quality would be met. However, group and team work has challenges. The strengths...
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...an offer for $200 for the first three customers? Could Betty sue the shop for breaching the contract? Principle/s: Contract could happen anywhere and anytime. Contract is defined as an agreement between two or more legally capable parties and legally binding, which is two or more parties must do it (Pentony, Graw, Lennard, & Parker, 2009). There are seven elements of the contract, which are offer, acceptance, consideration, intention to be bound, mutuality, capacity, and legality. The most important elements in the contract are offer, acceptance, consideration, and intention to be bound. One of the example of contracts that always happens in daily life is advertisement. Advertisement is defined as one of the sales method to attract customers’ attention to purchase the products or services offered by the business. There are two meanings that can be identified under the advertisement which are offer and invitation to treat. Offer is defined as a clear statement when the offeror (a person who makes an offer) promises to do something with an intention to be contractually bound upon acceptance by the other party (Pentony, Graw, Lennard, & Parker, 2009). Similarly, invitation to treat is a statement that has a purpose to invite people to make an offer and it carries no legal obligation. In other word, the offeree (a person who accept an offer) can sue the offeror if the advertisement explain that is an offer, but this condition does not apply to invitation to treat. Application:...
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...1b) Laurel is at the University, studying to be a doctor. Whilst away at University, she receives a letter from Michael, saying that he is due to retire from his doctor’s practice in a few weeks time and that he wonders whether she would be interested in buying medical equipment for the bargain price of $500. His letter asks for a prompt reply, as a junior partner in his medical practice is also interested in buying the equipment. Upon receipt of Michael’s letter, Laurel decides that she would like to buy the equipment, but needs to borrow the money. She writes to Michael expressing a firm interest, but asking if he is prepared to accept payment by instalments. Her letter gets lost in the post and is never received by Michael. Although she does not hear from Michael, Laurel arranges a bank loan and posts a second letter to Michael, enclosing a cheque for $500. This letter does arrive, but Michael has already sold the equipment to his junior partner. Consider Michael’s potential liability towards Laurel and the remedies that she might pursue against him Under English law a contract is defined as “an agreement made between two or more parties which is legally binding on them”. Jones, L., p.87. For a contract to be binding it must contain the elements of agreement, consideration, intention to create legal relations, compliance and the capacity to contract. A contract can be made verbally, by conduct or...
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...if the hotel had sold our room we would consider legal action of our own. A legally binding contract needs offer, acceptance, intent to create legal relations and consideration. It is the presence of intent to create legal relations and of consideration that converts a social agreement into a legal agreement. Offer Characteristics of an offer Must be certain : Gunthing v Lynn 1831 Must be differentiated from an enquiry : Harvey v Facey 1893 Must be differentiated from an intent to trade: Pharmaceutical Society of Great Britain v Boots 1953 May be to world at large (sometimes termed a unilateral offer) : Carlill v Carbolic Smokeball Co. 1893 During the build up to an agreement there is often a period of negotiation which differentiates an offer from negotiations. e.g. Harvey v Facey and must be distinguished from an intent to trade : Fisher v Bell 1961 and Pharmaceutical Society of Great Britain v Boots Cash Chemists 1953. This is due to...
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...1.0. INTRODUCTION A contract is a voluntary arrangement between two or more parties that is enforceable at law as a binding legal agreement. Contract have a history that where or when established. Contract law is based on the principle expressed in the Latin phrase “pacta sunt servanda”, (“agreements must be kept"). The common law of contract originated with the now-defunct writ of assumpsit, which was originally a tort action based on reliance. Contract law falls within the general law of obligations, along with tort, unjust enrichment, and restitution. Jurisdictions vary in their principles of freedom of contract. In common law jurisdictions such as England and the United States, a high degree of freedom is the norm. For example, in American law, it was determined in the 1901 case of Hurley v. Eddingfield that a physician was permitted to deny treatment to a patient despite the lack of other available medical assistance and the patient's subsequent death. This is in contrast to the civil law, which typically applies certain overarching principles to disputes arising out of contract, as in the French Civil Code. Other legal systems such as Islamic law, socialist legal systems, and customary law have their own variations. In contemporary times, each case requires an agreement between each other. It is intended that the contract is important in an agreement to prove that the two sides can conduct issues in a more prudent and responsible. Contract means the law that regulates...
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...Academy of Management Journal 2011, Vol. 54, No. 1, 73–96. THE NECESSITY OF OTHERS IS THE MOTHER OF INVENTION: INTRINSIC AND PROSOCIAL MOTIVATIONS, PERSPECTIVE TAKING, AND CREATIVITY ADAM M. GRANT University of Pennsylvania JAMES W. BERRY University of North Carolina at Chapel Hill Although many scholars believe that intrinsic motivation fuels creativity, research has returned equivocal results. Drawing on motivated information processing theory, we propose that the relationship between intrinsic motivation and creativity is enhanced by other-focused psychological processes. Perspective taking, as generated by prosocial motivation, encourages employees to develop ideas that are useful as well as novel. In three studies, using both field and lab data, we found that prosocial motivation strengthened the association between intrinsic motivation and independent creativity ratings. In our second and third studies, perspective taking mediated this moderating effect. We discuss theoretical implications for creativity and motivation. As work becomes increasingly dynamic, uncertain, and knowledge-based, organizations depend on creative ideas from employees (George, 2007). Scholars and practitioners share a strong interest in understanding the psychological forces that motivate creativity—the production of ideas that are both novel and useful (Amabile, 1996). For several decades, researchers have believed that intrinsic motivation is an important driver of creativity (Elsbach &...
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...RESEARCH 2015 R E S E A R C H , 2 015 The Doctoral Programs at Harvard Business School educate scholars who make a difference in the world through rigorous academic research that influences practice. More than 140 strong, HBS doctoral students represent diverse backgrounds, degrees, undergraduate schools, and disciplines includ— ing economics, engineering, mathematics, physics, psychology, and sociology. They examine the most critical issues in business management through rigorous research, creating and disseminating new knowledge as the next generation of thought leaders. By the time they graduate, students will have authored and co-authored publications with faculty members, who often become important mentors, colleagues, and collaborators. ACCOUNTING AND MANAGEMENT Chattopadhyay, Akash , Matthew R. Lyle, and Charles C.Y. Wang. “Accounting Data, Market Values and the Cross-Section of Expected Returns Worldwide.” Working Paper, April 2015. (Revise and resubmit to Journal of Accounting and Economics.) Gow, Ian D., Sa-Pyung Sean Shin, and Suraj Srinivasan. “Activist Directors: Determinants and Consequences.” HBS Working Paper 14-120, June 2014. Gow, Ian D., Sa-Pyung Sean Shin, and Suraj Srinivasan. “Consequences to Directors of Shareholder Activism.” HBS Working Paper 14-071, February 2014. Ioannou, Ioannis, Shelley Xin Li, and George Serafeim. “The Effect of Target Difficulty and Incentives on Target Completion: The Case of Reducing Carbon Emissions.”...
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...The History of US-Israel Relations Against Our Better Judgment The hidden history of how the United States was used to create Israel Louis Brandeis, flanked by Rabbi Stephen Samuel Wise, founding secretary of the American Federation of Zionists (right) and Nathan Straus, co-owner of Macy’s (Source: Library of Congress) By Alison Weir April 18, 2013 Alison Weir is Executive Director If Americans Knew and President of the Council for the National Interest. She is available to give presentations on this topic and can be reached at contact@ ifamericansknew.org. How the U.S. “special relationship” with Israel came about W hile many people are led to believe that U.S. support for Israel is driven by the American establishment and U.S. national interests, the facts don't support this theory. The reality is that for decades U.S. foreign policy and defense experts opposed supporting the creation of Israel. They then similarly opposed the massive American funding and diplomatic support that sustained the forcibly established state and that provided a blank check for its aggressive expansion. They were simply outmaneuvered and eventually replaced. Like many American policies, U.S. Middle East policies are driven by a special interest lobby. However, the Israel Lobby, as it is called today in the U.S.[1], consists of vastly more than what most people envision in the word "lobby." As this article will demonstrate, the Israel Lobby is considerably more powerful and...
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...An examination of changes to the labour process of further education lecturers By Kim Mather & Roger Seifert Working Paper Series 2004 Number ISSN Number Kim Mather WP008/04 1363-6839 Senior Lecturer University of Wolverhampton, UK Tel: +44 (0) 1902 323750 Email: K.Mather@wlv.ac.uk An examiniation of changes to the labour process of further education lecturers Copyright © University of Wolverhampton 2004 All rights reserved. No part of this work may be reproduced, photocopied, recorded, stored in a retrieval system or transmitted, in any form or by any means, without the prior permission of the copyright holder. The Management Research Centre is the co-ordinating centre for research activity within the University of Wolverhampton Business School. This working paper series provides a forum for dissemination and discussion of research in progress within the School. For further information contact: Management Research Centre Wolverhampton University Business School Telford, Shropshire TF2 9NT 01902 321772 Fax 01902 321777 All Working Papers are published on the University of Wolverhampton Business School web site and can be accessed at www.wlv.ac.uk/uwbs choosing ‘Internal Publications’ from the Home page. 2 An examiniation of changes to the labour process of further education lecturers Abstract This paper examines changes in the labour process of Further Education (FE) lecturers in three colleges in the English Midlands. It provides evidence...
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...INTRODUCTION TO THE LAW OF CONTRACT DEFINITION A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default. CLASSIFICATION Contracts may be divided into two broad classes: 1. Contracts by deed A deed is a formal legal document signed, witnessed and delivered to effect a conveyance or transfer of property or to create a legal obligation or contract. 2. Simple contracts Contracts which are not deeds are known as simple contracts. They are informal contracts and may be made in any way – in writing, orally or they may be implied from conduct. Another way of classifying contracts is according to whether they are “bilateral” or “unilateral”. 1. Bilateral contracts A bilateral contract is one where a promise by one party is exchanged for a promise by the other. The exchange of promises is enough to render them both enforceable. Thus in a contract for the sale of goods, the buyer promises to pay the price and the seller promises to deliver the goods. 2. Unilateral contracts A unilateral contract is one where one party promises to do something in return for an act of the other party, as opposed to a promise, eg, where X promises...
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...INTRODUCTION TO THE LAW OF CONTRACT DEFINITION A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default. CLASSIFICATION Contracts may be divided into two broad classes: 1. Contracts by deed A deed is a formal legal document signed, witnessed and delivered to effect a conveyance or transfer of property or to create a legal obligation or contract. 2. Simple contracts Contracts which are not deeds are known as simple contracts. They are informal contracts and may be made in any way – in writing, orally or they may be implied from conduct. Another way of classifying contracts is according to whether they are “bilateral” or “unilateral”. 1. Bilateral contracts A bilateral contract is one where a promise by one party is exchanged for a promise by the other. The exchange of promises is enough to render them both enforceable. Thus in a contract for the sale of goods, the buyer promises to pay the price and the seller promises to deliver the goods. 2. Unilateral contracts A unilateral contract is one where one party promises to do something in return for an act of the other party, as opposed to a promise, eg, where...
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...Annu. Rev. Psychol. 2005. 56:485–516 doi: 10.1146/annurev.psych.55.090902.142105 Copyright c 2005 by Annual Reviews. All rights reserved First published online as a Review in Advance on June 21, 2004 WORK MOTIVATION THEORY AND RESEARCH AT THE DAWN OF THE TWENTY-FIRST CENTURY Gary P. Latham Rotman School of Management, University of Toronto, Ontario M5S 3E6; email: latham@rotman.utoronto.ca Craig C. Pinder Faculty of Business, University of Victoria, British Columbia V8W 2Y2; email: cpinder@uvic.ca Key Words needs, values, goals, affect, behavior ■ Abstract In the first Annual Review of Psychology chapter since 1977 devoted exclusively to work motivation, we examine progress made in theory and research on needs, traits, values, cognition, and affect as well as three bodies of literature dealing with the context of motivation: national culture, job design, and models of person-environment fit. We focus primarily on work reported between 1993 and 2003, concluding that goal-setting, social cognitive, and organizational justice theories are the three most important approaches to work motivation to appear in the last 30 years. We reach 10 generally positive conclusions regarding predicting, understanding, and influencing work motivation in the new millennium. CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MOTIVATIONAL FRAMEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
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...A Declaration of Cyber-War | Vanity Fair April 2011 Stuxnet Worm Last summer, the world’s top software-security experts were panicked by the discovery of a drone-like computer virus, radically different from and far more sophisticated than any they’d seen. The race was on to figure out its payload, its purpose, and who was behind it. As the world now knows, the Stuxnet worm appears to have attacked Iran’s nuclear program. And, as Michael Joseph Gross reports, while its source remains something of a mystery, Stuxnet is the new face of 21st-century warfare: invisible, anonymous, and devastating. By Michael Joseph GrossPhotograph by Jonas Fredwall Karlsson EMail GAME OF SHADOWS Eugene Kaspersky, co-founder and C.E.O. of Kaspersky Lab—a Moscow-based computer-security company and an early investigator of Stuxnet—photographed on the Bolshoy Moskvoretsky Bridge, near the Kremlin. All over Europe, smartphones rang in the middle of the night. Rolling over in bed, blinking open their eyes, civilians reached for the little devices and, in the moment of answering, were effectively drafted as soldiers. They shook themselves awake as they listened to hushed descriptions of a looming threat. Over the next few days and nights, in mid-July of last year, the ranks of these sudden draftees grew, as software analysts and experts in industrial-control systems gathered in makeshift war rooms in 3 of 14 6/21/2014 10:02 PM A Declaration of Cyber-War | Vanity Fair file:///C:/Users/malbun/Desktop/A...
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