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ALTERNATIVE DISPUTE RESOLUTION

SIMULATION

NEGOTIATION PLAN

IT’S ALL IN THE MONEY & IPR


RIGHTS

FOR HACKER

TEAM CODE: H

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NEED-
To present with an opportunity to use a careful analysis of the interests of Hacker as well as
Star to resolve the stalemate reached between the major shareholders and also to reach an
agreement so that the stakes and interests in any entrepreneurial ventures are not affected and
ideals are strategically aligned with every owner own business practices in order to pursue
their prospective investment plans in the future.

INTERESTS:

• To formulate a satisfactorily structured scheme on how to improve the management


structure of the company after the stalemate is broken with dialogue.
• To receive a composite deal for both the owners Hacker and Star or arrange for an
exclusive collaboration that secures the growth momentum of both the ventures.
• To ensure the continuance of social conviction and compliance of the CSR regime of
HackerStar Inc.
• To ensure a timely resolution regarding the IPR rights of the product Powerscreen
developed by Hacker.
• To ensure a good working relationship between the disputants after the meeting.

STRATEGIC STRONG POINTS:

• HackerStar Inc. is a small closely held corporation that develops and markets software
for microcomputers. It has presence in over more than 5 metropolitan cities around
India and has a small consumer base in the US market as well as European market.
• The commitments and contributions to the CSR dedicated to Environment Protection
has resulted in HackerStar Inc. being cherished within the microcomputer sector due
to which they have acquired computer houses as their Clients.
• Hacker has developed the technology PowerScreen partly using his time and he has
followed all the due diligence processes.
• Hacker’s product has come at a time where there was a need of such a product in the
market and also after the recent government regulations eased regarding the
technology of the product.
• The main base of the company’s activities is software development.

STRATEGIC WEAK POINTS:

• The capital used in the making of the product is from Star as he has made the financial
contribution in the corporation.
• Time limitation for completion of sale of the product of Hacker as the market of the
PowerScreen is wavering.
• Requirement of Continued strong Commitment to its Revenue biting CSR Activities.
• Reasonable threat to the customer base and reputation of HackerStar as the dispute
has brought a bad name in the market.

GOALS AND OBJECTIVES:

• To share the profits made with the Star in the ratio of their shareholding.
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• To insist on reimbursement of the capital used by the Hacker in the developing of
Powerscreen.
• To secure assurance from Star for the continuance of their partnerships in the
corporation on the same business principles and ethics with promotion of good
reputation, High Credibility and the Strong brand value of PowerScreen.
• To secure commitment from Star with respect to continuance of Hackers CSR Projects
pursuant to the launching of the product.
• To secure assurance from Star regarding the patent registration of the technology that
has to be given to Hacker in case of PowerScreen and for future products to the name
of the HackerStar corporation.

VIABLE/CONCILIATORY OPTIONS:

• To accommodate the interests of both the owners by compromising on the estimated


value in the profit sharing.
• Restructuring of the CSR activities to reach a viable option for the comfort of Star.
• To appoint a legal in house counsel who would have a tie breaking vote in case any
future dispute arises.
.

BATNA:

• To approach Star competitors in the international arena or investors inclined to


diversifying and expanding into the microcomputers market.
• If Hacker and Star cannot reach a solution to their problem together, Hacker would
look forward to having a sale of the shares of the HackerStar that would enable the
Hacker to join any other company that would provide market to PowerScreen and that
would lead to a stronger bargaining power to the Hacker.
• Forming a joint venture with domestic companies in respective cites wherein Hacker
would divulge its managerial and operational interests in their favor in exchange for
US$100 million before December 2021, with a proportionate passive stake.

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