Plumbing/excavating company. Male. Young. Hearing impairment. Has other men working for him. Large in stature.

ADR Assignment

Facts to know:

Plaintiff: 

80 + year old lady.  Widow. Small in stature.  Compliant.  Quiet.  Organized.  (keeps every receipt) 

Defendant:

Plumbing/excavating company. Male.  Young.  Hearing impairment.  Has other men working for him.  Large in stature.  

Issue:

Plaintiff was experiencing drainage issues at her home that is 7. years old.  It was determined not to be a Tarron Warranty issue.  Hired the Defendant to fix the drainage issue. water was pooling outside the house, the sumpump had to work constantly, the gravity draining wasn’t working. 

Defendant excavated around the back of the house.  Put new weeping tile and gravel in and covered it all up. Plaintiff paid $8000 initially.  

 Pooling continued.  

Plaintiff called the Defendant back, they scoped the line and found nothing.  Charged the plaintiff an additional $1400 for scoping the lines and demanded full payment.  The Plaintiff requested payment be made after the pooling ceased to happen.  The Defendant and his employee (male) became aggressive and demanded their money.  Payment was made. 

The Plaintiff had to hire another company to fix the problem.  

The Plaintiff wants a refund of her money.  The Defendant did not deliver on the 100% satisfaction guarantee.  

Try to resolve based on the attached. 

Focus primarily on the preparatory stages for negotiation.

1n pairs, demonstrate how you will take the knowledge gained in this course and create objective criteria which would demonstrate as fair and objective. 

Special care should be taken to show that your target point will not only involve dollars and cents in the negotiation, but also other specific needs for your client. 

Define your clients’ interests, be careful to list them all and then go on to prioritize which

are most important and which in fact can be modified, altered, or sacrificed.

Establish their resistance, or walk away, point, and examine what the BATNA

and WATNA would be.  

Look at how to formulate the opening bid and what effect this would have on subsequent negotiation.

Look at how easy or difficult it would be to establish a collaborative

bargaining atmosphere and what attempts you might make to establish collaborative bargaining in advance of negotiations.