Analyze Negotiations and Not a Complete Contract

Individual Paper

-        The idea is very similar to that of the group project – but here I’d like for you to discuss what we’ve learned by applying it to pre-contract negotiations (that includes renegotiating an existing contract) by referring to one or more article in the news

-        I am giving you the maximum freedom to design your paper as you wish. You could choose something current in the news now, old news; you could compare various news stories

-        The main idea would be to show me that you can analyze negotiations not just from a negotiation perspective but also from contract law perspective.

-        As requested, here is a sample news story (but not necessarily the best example out there!): http://www.huffingtonpost.com/2012/09/13/boston-teachers-union-sch_n_1881381.html

  Also, I want you to analyze NEGOTIATIONS and not a complete contract. I suggested that you research pre-contract negotiations in the news, however – as you are negotiation students, you may also take a negotiation case you used in one of your negotiation classes (ideally using the 2 sides) and analyze it from a CONTRACT law perspective (don’t discuss BATNA etc. but discuss offer, acceptance, statements of fact/opinion etc etc etc). I leave it to you to decide whether you want to use news articles or nego cases.

描述：

The 2011 NBA lockout was the fourth lockout in the history of the National Basketball Association (NBA). The owners began the work stoppage upon expiration of the 2005collective bargaining agreement (CBA). The 161-day lockout began on July 1, 2011 and ended on December 8, 2011. It delayed the start of the 2011–12 regular season from November 1 to December 25, and it reduced the regular season from 82 to 66 games. The previous lockout in 1998–99 had shortened the season to 50 games. During the lockout, teams could not trade, sign or contact players, and players could not access NBA team facilities, trainers, or staffs.

Negotiations between the owners, led by commissioner David Stern, and the players, led by director Billy Hunter and president Derek Fisher of the labor union National Basketball Players Association (NBPA), began in early 2011 and continued through November. The main issues dividing both sides were the division of revenue and the structure of the salary cap and luxury tax. Owners proposed to reduce the players' share of basketball related income (BRI) from 57% to 47%, but the players countered with 53% of BRI. Owners wanted to implement a hard salary cap and a harsher luxury tax, hoping to increase competition among teams, whereas players wanted to keep the current soft salary cap structure intact.