Negotiation Preparation. Essay Dissertation Help

Negotiation Preparation. Essay Dissertation Help

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COMMON FACTS.
Mrs Margery Lovett had a struggling pie business until in 2012 she became friendly with Mr Sadler. After a brief romantic involvement Mrs Lovett and Mr Sadler decided that their future lay in
business rather than the home. Mr Sadler was already a successful business man with many interests, chief amongst them being a meat supply company. A new and exclusive recipe for meat pies was
devised by Mr. Sadler who then supplied the meat to Mrs Lovett ready combined to fit the recipe.

After a month this new arrangement was clearly a success and a formal contract was made. It was agreed that Mrs Lovett would not source any meat for her pies from any supplier other than Mr Sadler
and he would not supply the recipe or the combined meat for it to any other pie selling business except to his daughter who runs her own café. The contract was dated 12 June 2012 and was initially
to run for a period of four years but there was a renewal of the contract in 2015 on the same terms but to run for a further three years to take it up to June 2018.

The new pies were marketed as the “Bell Yard” range and was highly successful and Mrs Lovett’s business was able to compete with national supermarkets.

Early in 2013, however, there was a widely publicised horsemeat scandal and along with other businesses Mrs Lovett found that demand for her pies fell dramatically. Mrs Lovett had some concerns at
that time of the horsemeat scandal that the meat supplied by Mr Sadler might contain horsemeat although there was no evidence to link the pies to the horsemeat contamination which had been in the
news. Mr Sadler at that time agreed to a 10% reduction in the price he would be paid for the meat supplied. He has recently said to Mrs Lovett that they should have returned to the original price
some time ago and in fact they should now increase the price to above the 2012 price.

There are now new rumours about horsemeat entering the UK for lawful human consumption. There have also been recent reports of investigations into meat products that showed many contained meat that
was not listed on the label. Mrs Lovett wants to be certain that her pies do not contain horsemeat and do not contain meats other than those listed on the labels.

Mr Sadler is also concerned about the recent reports and the potential impact on his businesses.

There have been one or two further issues in recent months. Mrs Lovett has emailed Mr Sadler suggesting that his daughter has been supplying the recipe meats to other businesses. Mr Sadler’s reply
to that email raised a concern as to the expanded size of Mrs Lovett’s business and that she now employs a trained chef who will well understand how the recipe is made. Mr Sadler has made it clear
that he would like to see some way of preventing the chef taking the recipe with her if she leaves Mrs’ Lovett’s employment.

There has also been a problem with delivery of the meat in January of this year. Mr Sadler’s premises were briefly closed by the local health inspector because of a leak in a sewerage pipe. Meat
ordered by Mrs Lovett was not delivered and as a result she claims that she lost out on a big contract for a January festival.

The 2015 renewed contract between Mrs Lovett and Mr Sadler contains a clause excluding Mr Sadler from all liability for any losses howsoever incurred by Mrs. Lovett.

Each party now wishes to expand their respective businesses and to sort out the issues between them. In light of the above events the parties have decided to instruct solicitors to negotiate a
replacement contract and settle any other issues on the basis that a future relationship can be maintained.
1. identify and prioritise issues to be negotiated.
2. summarise relevant facts for each issue and any deficiencies in facts.
3. identify relevant law for each issue [ write up to 1500 words for this section.]
4. summarise relevant information about parties.
5. identify interests of the parties.
6. identify preliminary alternative solutions to issues.
7. identify BATNA for all parties.
8. Identify possible alternative solutions to each issue.
9. Plan concessions.
10. Identify any possible objective criteria for resolving conflicts.
11. Set out draft agenda
12. State limits of instructions /authority

 

 

 

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