2011 NFL Lockout (Brady vs. NFL case)

For the purposes of this assignment: Assume that this case is still in negotiations and has not yet gone to court.

Students with last names beginning with A-L shall represent the NFL.

Students with last names beginning with M-Z shall represent Brady.

**I would represent Brady since my last name starts with M-Z.**

Cut and paste the questions into your own document. After each question, type in your well drafted response (including references and citations where appropriate). Include your first and last name (and the party you represent) at the top of your document.

Your responses to the questions below should be complete and thorough. The questions are designed to elicit an analysis or discussion of the questions/concepts. Responses that consist of a single word, poor grammar, incomplete thoughts/sentences, lack structure, and/or fail to clearly demonstrate your knowledge and understanding of the materials is strongly DISCOURAGED. Use/reference to your sources in your responses where appropriate is expected. Take as much space as you need but be sure not to write so much that the reader is not able to gauge your knowledge and understanding of the subject matter. Be as succinct and concise as you wish but be careful of not providing enough of a response so as to demonstrate your mastery of the concepts and objectives.

Answer the following questions thoroughly and follow all the directions above**

1. Who are the parties?

2. What are each party's issues, interests, and primary concerns?

3. Will bracketing be an effective tool in negotiating some or all of these issues? Why or why not?

4. What type of negotiation should this be (distributive or integrative)? Why?

5. Are there other parties affected by the outcome of this case? Who are they? What are their interests?

6. So far, what negotiating styles do you envision are being utilized between the parties? Justify/explain your response.

7. Identify and discuss the interdependency between the parties of this negotiation.

8. Do the parties have any common goals? Content Goals? Relationship Goals? Other Goals? If so, what are they?

9. What are the timing issues associated with concluding these negotiations?

10. What are the biases that are likely to be employed by both parties in this negotiation?

11. Of the seven (7) principles to Integrative Based Bargaining listed in the text, which 2 principles do you think the parties will struggle with most (likely interfering with successful negotiations)?

12. How would you prioritize the issues you identified for both parties in #2 above? Essential? Important? Compatible? Exchange? Throwaway? Distributive? Explain your answer.

13. How much of a role does Ethics and Fairness have in these negotiations? Large role? Small/insignificant role? Justify your position.

14. What negotiating style do you anticipate from the other party? What style might you use to ensure success against your opponent?

15. What is your BATNA? What information are you using to determine your BATNA?

16. What does your initial opening offer to the opposing party look like?

17. What are your support arguments in favor of the essential or distributive points in your opening offer?

18. What social norms are you relying on in making your opening offer? Based on those social norms, how would you frame your offer to elicit a favorable reaction to your opening offer from your opponent?

19. What type of posturing techniques might you experience or encounter from the opposing party before and during negotiations?

20. What issues do you believe are likely to cause an impasse? In the event of an impasse, what types of third party intervention are available to the parties? Why might the parties skip third party intervention and take things straight to court?

21. How does culture and/or gender play a role in these negotiations?

22. What is your approach to gaining the trust of the opposing party? What information have you learned about your opposing party that leads you to believe that this approach will be effective?

23. What threats might you lodge against the other party to gain a concession(s)?

24. What sources of power might you use during the negotiations? What sources of power can you expect your opponent to utilize? Do you have a strong defense against your opponent's sources of power? If so, what is your defense?

25. What techniques might you use to persuade the opposing party to accept one or all of your positions OR to relax on their firmness of one of their own positions?