ACTV 14

Start

Step 1. Establishing the objectives of the negotiation

Reach an agreement regarding the appointment of the mediator to resolve the lawsuit for breach of contract

Step 2. Finding hidden interests

EE.UU. Company

German Company

Seeks that the acquiring company (USA) comply with the payments that it withheld, required in the collaboration contract.

Seeks to initiate a counterclaim against the German company for breach of the agreement

Seek to continue collaborating without penalties

Step 3. Non-agreement situation

Agreement?

Yes

No

Free selection of the mediator

The demand is annulled and they continue to collaborate

The WIPO issues a list of 5 possible mediators, taking into account the criteria detailed in the mediation agreement.

END

Step 4. Prior preparation

Necessary information to understand both limits

Business activities

Date of the contract

Amount of payments

Dates of amoutns

Legal representatives

Creations of strategies of assertive communication

Step 5. Win-win work table

Create a relaxed and open collaboration atmosphere

Start by listing all possible solutions

Once you have listed all the possible solutions, analyze and discard the solutions that are clearly inadequate or unfair to any of the parties

Choose between the remaining solutions, look for an unbiased procedure to evaluate them

Step 6. Win-loss tool

Only used to counteract the tendency of a rigid posture of the counterpart, but it is preferable not to have to do this.

Step 7. Dividing the difference

German Company

EE.UU Company

Pay 80% of the short-term debt of one month and the rest on credit

Payment of 30% of the remaining debt to 2 years with interest of 1.5%

Step 8. Requesting time out

Both parties take 6 months to evaluate their options

Step 9. Ultimatum

Ultimatum?

If the German company do not accept the amount of interest and if it does not respond 3 days after the previous 6 months

Yes

No