This is the exam that had to be taken in the academic year 2023—2024 for the Negotiations course as part of the Product and Contract Law course. It is the negotiation analysis that had to be made as an exam. This document can serve as an example. They are not notes or questions/answers from an ex...
This analysis looks at the negotiations on the purchase of a service station by FuelStop Corporation. The
analysis discusses the parties' strengths, weaknesses, and missed opportunities.
The e-mail correspondence shows a reasonable balance between empathy and assertiveness.
Balancing empathy and assertiveness provide a good basis for constructive conversations and seeking a win-
win situation.1 This increases the chances of a successful agreement. 2 The empathy is evident in repeatedly
thanking the other party for their suggestions and time: “Thank you once again for your time and
consideration”3, “Thank you for your continued engagement in our negations. We appreciate the cooperative
spirit and your willingness to find common ground.”4 In addition, the empathy is evident in the buyer’s
appreciation of the service station and management team. 5 The seller also shows empathy by expressing his
appreciation for the buyer as a potential buyer 6 and the emotional connection with the service station.7 The
assertiveness is more evident in the price negotiations, where both parties try to move the price in their favor.
The buyer shows assertiveness by indicating the current market standards 8 and by explaining the costs to be
incurred for the machinery and the store.9 The seller’s assertiveness was shown by stating the price should
be higher, given the condition of the service station and the great location.10 Despite the assertive approach
regarding the price negotiations and the increasingly assertive attitude during the negotiations, the tone of the
e-mails remains mostly positive and respectful, showing understanding of each other’s positions and
interests.
The parties’ negotiation style can be defined as ‘accommodator-accommodator’: both parties are
attuned to each other’s relationship needs, resulting in a good relationship.11 This is reflected in the e-mails
of the parties: “I can totally understand your sentimental sacrifice for your family business and your thoughts
on the potential value of your service station”12, “Nevertheless, we also understand and respect the point,
that development of the station requires investments and in this reward we can concede and lower the
price.”13 However, this style also entails that parties may avoid distributive issues and overlook value-
creating opportunities.14 To the contrary, the parties do not avoid distributive issues. At their core, the
negotiations between the parties are distributive negotiations.15 The e-mails show that both buyer and seller
are particularly fixated on the price and that both are trying to achieve a price that is individually beneficial
1
Mnookin e.a. 2000, p. 48; Lax & Sebenius 2006, p. 44; Susskind 2014, p. 208.
2
Mnookin e.a. 2000, p. 48-49; Lax & Sebenius 2006, p. 44.
3
E-mail from the seller from September 13, 2023, 08.38 a.m.
4
E-mail from the buyer from September 13, 2023, 8.38 p.m.
5
E-mail from the buyer from September 10, 2023, 12.01 p.m.
6
E-mail from the seller from September 12, 2023, 1:04 p.m.
7
E-mail from the seller from September 10, 2023, 6.19 p.m.
8
E-mail from the buyer from September 11, 2023, 12.29 p.m.
9
E-mail from the seller from September 12, 5.38 p.m.
10
E-mail from the seller from September 10, 2023, 6.19 p.m.; E-mail from the seller from September 13, 2023, 00.40 a.m.;
E-mail from the seller from September 13, 2023, 11.06 p.m.
11
Mnookin e.a. 2000, p. 54.
12
E-mail from the buyer from September 1, 2023, 12.29 p.m.
13
E-mail from the seller from September 13, 2023, 00.40 a.m.
14
Mnookin e.a. 2000, p. 54.
15
Mnookin e.a. 2000, p. 18-23 & p. 168; See also Bazerman & Neale 1983, p. 51, showing that in distributive negotiations,
negotiators distribute value and assume that the other party’s interests are the opposite of their own, also known as the Zero-
Sum Mindset; See also Opresnik 2013, p. 8.
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