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Negotiation Advocacy

As you work together to identify and develop three potential concessions, you should keep in mind the following critical elements:

Sharon Slade's and Alice Jones' ZOPA and BATNA positions developed in Milestone One and the individual Module Four discussion.
Areas where Netflix has flexibility: These areas may include: modifying the performance improvement plan, shifting Alice to another position, outplacement benefits, employee health benefits, and so on. Other concessions, such as payment for accrued vacation time, may or may not be negotiable because the company has a formal severance policy.
Legal vulnerability: You should also consider the degree of legal vulnerability the company has in this situation. For example, what is the probability that Alice Jones could sue for age discrimination?

Full Answer Section

Additionally, Netflix can offer outplacement services, including resume writing workshops and interview coaching, to assist Alice in finding a new position within or outside the company.
Justification: This concession allows Netflix to address performance concerns while demonstrating a willingness to support Alice's transition. Outplacement services can mitigate legal risks associated with wrongful termination claims.
Alignment with ZOPA/BATNA: This falls within the ZOPA as it addresses Netflix's need for improved performance while offering Alice some support in finding a new role, aligning with her BATNA of securing a new job.

Concession 2: Severance Package with Extended Health Benefits:

Netflix Concession: Netflix offers Alice a severance package that includes a lump sum payment, continuation of health benefits for a defined period (e.g., 6 months), and potential tuition reimbursement for job retraining.
Justification: This concession provides Alice with financial security during her job search and helps maintain a positive relationship by demonstrating goodwill. It also reduces the legal vulnerability of an age discrimination lawsuit.
Alignment with ZOPA/BATNA: This falls within the ZOPA by providing Netflix with a clean break and allowing Alice financial security while aligning with her BATNA of financial support during the job search.

Concession 3: Reassignment to a Different Department:

Netflix Concession: Netflix explores reassignment opportunities for Alice within the company. This could involve a lateral move to a different department where her skills and experience can be better utilized.
Justification: Reassignment allows Netflix to retain an experienced employee while addressing the performance concerns within the specific department.
Alignment with ZOPA/BATNA: This falls within the ZOPA by offering Alice continued employment at Netflix while aligning with her BATNA of remaining employed. However, it requires effort from Netflix to find a suitable placement.

Additional Considerations:

The specific details of each concession (e.g., size of severance package, duration of health benefits) will be further negotiated based on Alice's receptiveness and the company's budget.
Transparency and clear communication throughout the negotiation process are crucial for a successful outcome.

Sample Answer

Three Potential Concessions in the Netflix Case Study

Building on the established ZOPA (Zone of Possible Agreement) and BATNA (Best Alternative To a Negotiated Agreement) from Milestone One and the Module Four discussion, here are three potential concessions that could lead to a successful conclusion for both Netflix and Alice Jones:

Concession 1: Modified Performance Improvement Plan (PIP) and Outplacement Services:

Netflix Concession: Netflix agrees to modify the current PIP, considering the unforeseen circumstances Alice raised. This could involve setting revised, achievable targets or extending the timeframe for improvement.