SUNFLOWER

NEGOSEM

The Harvard Program on Negotiation’s ‘SEVEN ELEMENTS OF SUCCESSFUL NEGOTIATION’

CREATING MORE VALUE FOR PARTIES

1. INTERESTS
(Needs, concerns, hopes and fears that motivate parties to negotiate)

Ours (Winklevoss twins) Theirs (Mark Zuckerberg) Absent Parties? (Divya Narendra)

 To recognize the Winklevoss twins’ original
ideas
 To get paid for stealing their original ideas
 To make their father proud in creating
something successful aside from being an
athlete
 To make Zuckerberg liable for violating their
oral contract
 To establish reputation in the field of creating
social networking sites
 To be compensated from humiliation
suffered from University’s administration
 To relate the name of Winklevoss twins to
Facebook and/or Zuckerberg
 To establish future business connections
 To be a school pride
 To make Zuckerberg appears to be the  To be recognized as contributor in creating
person who originally conceptualize “the Facebook”
Facebook
 To protect the name and reputation of
Facebook
 To make interactions with other person easier
 In order for Zuckerberg to show to his ex-
girlfriend that he became successful
 To restore the reputation of Zuckerberg in
creating Facemash
 To show that Zuckerberg became successful
even if he did not finish college and was
subjected to academic probation.
 SEVEN ELEMENTS OF SUCCESSFUL NEGOTIATION

2. ALTERNATIVES
(List things you might do to satisfy your interests, which DO NOT require
the agreement of the other party. Identify your BATNA: your BEST
ALTERNATIVE TO A NEGOTIATED AGREEMENT.)
Your alternatives
 File a case for violation of Copyright Law
 File a case for damages against Zuckerberg
 To expose similarity of codes involved in creating “the Facebook”
and the “Harvard Connection” online
 To contract Google or other online advertising technologies to
create a new networking site that will defeat Facebook
 To create a social networking site where the messages are more
secured
3. OPTIONS
(Brainstorm possible agreements or ways to satisfy the parties’
interests)
 Winklevoss twins (the twins) will be recognized as co-inventor of
Facebook and Zuckerberg shall pay for the use of ideas of the twins
every year.
 The twins will be given atleast 0.1% share from net income of
Facebook privately even though the twins would not be recognized
as co-inventor of Facebook.
 Mark Zuckerberg will recognize that Facebook was inspired by
Harvard Connection created by the twins and make a public
apology and shall pay for damages in exchange of the use of ideas.
 Payment for damages plus a non-disclosure agreement.

Ways to improve your BATNA

 To gather evidence that Zuckerberg has indeed stolen the ideas
of the Winklevoss twins
 To present Divya Narendra as witness
 To hire brilliant and younger online technologist

Their alternatives
 Control information that will come out from social networking sites
 Influence other online technologists to invest to Facebook
 To make more innovations

Ways to weaken their BATNA

 To destroy the credibility of Zuckerberg i.e. Zuckerberg is self-
centered and has behavioral problems
 To make news that Facebook is addictive
 To expose that the Facebook team is capable of accessing the
private messages of users

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 SEVEN ELEMENTS OF SUCCESSFUL NEGOTIATION

4. CRITERIA 5. COMMUNICATION
(List all the standards or benchmarks by which you can determine the
fairness of an option or outcome) Information to Gather
 Equivalent market value for contribution of ideas at the time (What do we want to listen for or learn?)
“the Facebook” was made  Admission on the part of Zuckerberg that
 Copyright Law of United States he borrowed at least some of the ideas
 Harvard College Handbook for Students from the Winklevoss twins.
 Timeline in making “the Facebook” to determine when (if  Codes used in doing “the Facebook”
ever) did Zuckerberg incorporated the ideas of Winklevoss to  Why Zuckerberg did not mention that he
his site was creating “the Facebook” after the
 Number of stockholders and incorporators of Facebook parties have agreed to make the “Harvard
 Independent mediator Connection”?
 Psychological  When did Zuckerberg start to make “the
 Current market trend for sharing of ideas Facebook”?
 Mental health of the parties
 Educational attainment
Information to Share
(What information or messages do we want others to hear?)
 The exchange of messages between Zuckerberg
and Winklevoss twins from the time the former
agreed to work on the Harvard Connection
 Concepts formed by the twins in creating the
Harvard Connection before they communicated it to
Zuckerberg
 Codes that would be used in creating Harvard
Connection

Concrete Steps
(How can we improve communication?)
 There shall be privacy of communications.
 The parties must begin with brainstorming as to the possible
options without anticipating any commitment
 There shall be an exchange of interests

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 SEVEN ELEMENTS OF SUCCESSFUL NEGOTIATION

6. RELATIONSHIP 7. COMMITMENTS

What are possible products of the next meeting?

The Current Dynamic A Preferred Dynamic
 There is a hostile  For the parties to
relationship treat each other as
 There is a distrust colleagues
between the  To treat each other
parties as business
partners
1. The Winklevoss twins and Zuckerberg shall meet personally in a
private meeting without any third party
2. To have an exchange of ideas or brainstorming without
anticipating any form of agreement
3. To make a list of possible options
4. To establish criteria in determining fairness

What process or agenda is likely to lead to the

List the strategies or actions that may improve the
relationship?
 To establish the fact that the Winklevoss twins do not intend
to destroy the reputation of Zuckerberg
 To clarify that the Winklevoss twins only want some
recognition in the formation of Facebook but do not intend
to get Facebook from Zuckerberg
desired product?
The process that would likely lead to an agreement between
Winklevoss and Zuckerberg is the problem-solving “circle of value”
negotiation. According to Bruce Patton, this type of process makes the
parties: “(1) work together as colleagues to determine whether an
agreement is possible that is better for both than no agreement; (2) in doing
so they should postpone commitments while exploring how best to maximize
and fairly distribute the value of any agreement; and (3) it makes sense for
one party to take this approach even if the other does not.”
This type of process will be beneficial to both parties. On the part of
Winklevoss, they will receive recognition for the contribution they did in
creating “the Facebook". Zuckerberg, on the other hand, will be able to
protect his and the company’s name and reputation. Problem-solving
negotiation may also be a means to satisfy the interest of both parties
without neither destroying future dealings nor making the relationship more
hostile.