Representing Cersei Lannister in a family dispute.

Common Facts – Cersei Lannister v Tyrion Lannister

The Lannisters are a powerful family in Sydney, and considered “royalty” in high society.
Their social status is widely recognised as a result of the strong leadership of the father and
head of the family, Tywin. Two of the Lannister children, Cersei and Tyrion, have never been
close, often coming to heads about how their family business, Westeros Pty Ltd, should be
run.
One month ago, much to the despair of all of his children, Tywin passed away. He left an
extensive and detailed will, leaving various assets and money to Cersei and Tyrion:

Cersei:
● 35% of shares in Westeros - $3,500,000
● House in Casterly Rock – $4,000,000
● Family heirloom diamond ring - $800,000
● Cash - $500,000

Tyrion:
● 25% of shares in Westeros - $2,500,000
● Yacht - $3,500,000
● Highgarden Apartment - $2,500,000
● Money - $300,000

Tyrion always dreamed of using the ring as an engagement present for when he eventually
got married. In fact, before his death, Tywin promised the ring to Tyrion, however in his ill
state forgot to update his will. After discovering that Cersei had been gifted the ring, Tyrion
confronted her at their father’s funeral. She adamantly denied knowing that Tywin had
promised to give him the ring. Tyrion called Cersei “a pathological liar” and Cersei called
Tyrion “a short weirdo”.

Their argument caused a scene in front of all of family, friends and media present at the
funeral. There has since been extensive media coverage over the family, with many major
media outlets suggesting that the Lannisters are a “broken family”, that they have lost their
power in the social scene and are “yesterday’s news”.

Although Tyrion and Cersei have not spoken since their argument, they both want to settle
their issues so that their reputations as Sydney’s elite are not lost, and so that share prices
in Westeros Pty Ltd do not fall.
Confidential Facts - Cersei Lannister

Cersei has engaged lawyers to assist her at any cost. She considers herself the smartest of
the Lannisters, and wants to run the company as she sees fit. She has grown tired of
Tyrion’s lack of dedication to Westeros Pty Ltd, and she suspects that he often goes partying
for days when important business decisions need to be made. You are instructed to inquire
as to Tyrion’s dedication to the business.

Further, Cersei wants to become the majority shareholder (minimum 50% + 1 share) so
that she can secure her family empire. This is her priority, and she does not mind if this
comes at the cost of a lesser share of the inheritance.

However, she has mentioned some liquidity issues, and her only available cash flow at the
moment is from her inheritance. Cersei does not want you to reveal that she recently paid a
hefty fine to the Australian Taxation Office for tax evasion. She will be forced to liquidate
some of her assets to pay for her immediate expenses.

Although she is based in Sydney, Cersei also owns a house in Morocco that she
occasionally holidays in. The house is a beautiful waterfront property that holds some
sentimental value for her, as it was where she used to spend the holidays with her children.
She recently spent $350,000 on renovating the house, meaning that she only has $150,000
of the money left to her in the will. The house is now worth $3,000,000.
However, the area has now become part of an enormous nightlife district. She holds
concerns for her children. So after inheriting the house in Casterly Rock, she is willing to let
go of the holiday house if she must.

Regarding her fight with Tyrion, Cersei has faced some serious public backlash. She has a
reputation for being a cunning businesswoman, and stepping on anyone to get to the top.
The media have taken the sound bite of her brother calling her a “pathological liar” and used
it repeatedly to describe her business ethic.

This could be detrimental to the company shareholdings if she takes over as a majority
shareholder. She would prefer to disassociate herself from Tyrion in the media.

Unfortunately, she was well aware that Tywin had promised the ring to Tyrion. She doesn’t
actually want the ring; she only lied and tried to keep it in spite of her brother. Were he to
know this, he might become similarly vindictive and refuse to give her his shares. She
suspects he already holds some shares in the company and the 25% he was gifted in the
will would be an addition to his portfolio. Despite her disdain for her brother, Cersei does feel
bad for calling him a “short weirdo”, as she knows that he was haunted by this taunt during
his younger years.

Cersei has given you full authority to negotiate on her behalf, provided any agreement
reached is within the spirit of these instructions.
Negotiation Breakdown:

1. Pre Neg planning

a. Read through the common ground facts;
b. Read through your own confidential facts;
c. Assess the bargaining position of both parties;
d. Establish what your client wants out of the negotiation;
e. Arrange your client’s objectives in order of priority;
f. Spend time considering what the other side may want out of the negotiation;
g. Set a minimum as to what you must get out of the negotiation before reaching an
h. agreement. (If this minimum cannot be attained, then you shouldn’t reach an
i. agreement. However, it is important to note that it is very rare that the scenarios
will
j. not allow you to reach a positive outcome for both sides.);
k. Prepare a plan of attack that outlines how you want the negotiation to progress,
what
l. strategies you will use, as well as allocating who will say what to the other side;
m. Prepare an agenda for the negotiation;
n. Prepare a proposed terms of agreement form; and
o. Practice the negotiation with your partner.

2. HANDSHAKES AND INTRODUCTIONS

- ​ice breaking through small talk;
- However, the judge will be keen to see the formalities of the negotiation
commence reasonably fast, considering the short amount of time allocated to the
negotiation as a whole.

3. Formalities
- a) That they come to the negotiation in good faith;
- b) That whatever is disclosed in the negotiation will be kept strictly confidential;
and
- c) That they have authority to act on behalf of their client to negotiate.

4. Agenda Discussion
- Recommended that both sides prepare their own agenda for the negotiation. It
must be no longer than one page, while also being clear, precise and simple. It is
important to ensure that the agenda does not give away your own position (i.e.
what you want out of the negotiation), but rather it must convey what you think
needs to be discussed.
- When preparing your agenda you must not only consider what you want to
discuss, but also what the other side will want to discuss. Being a successful
negotiator requires you to realise that both parties will have similar and different
desires. It is the different desires that generally form the contentious parts of a
negotiation, and this conflict must be addressed. Identifying these desires is
critical for understanding the negotiation, and thus finding a solution that will
result in a positive outcome for your client.
- a) Looking over the other side’s agenda;
- b) Discussion of similar points that have been presented in both agendas;
 - c) Eliminate any issues that either side may have conceded through this
discussion;
- d) Prioritise common ground issues;
- e) Decide upon which agenda is to be followed for the rest of the
negotiation or, more preferably, merge both agendas and arrange a new
order of discussion.

5. DISCUSSING CLIENT’S INTERESTS AND THE AIM OF THE NEGOTIATION

- Try to be specific about your objective; don’t simply say “a mutually beneficial
agreement”, say “Our client’s main priority is to resolve this particular issue andto
resolve it on mutually beneficial terms”, for example. The more detail you give
your opponents in relation to the big issues your client wants tackled, the easier it
will be for your opponents to understand your needs and figure out a way to make
it work for both your client and theirs, and vice versa.

6. Issues to Resolve
- Once the agenda has been decided upon, and the topics to be discussed are
identified, the real negotiation begins.
- Ideally during the discussion of the agenda, both teams will reach a structure
organised by level of contention; the less contentious issues at the start, and the
more contentious issues later.

7. NEGOTIATION OF LESS CONTENTIOUS ISSUES

- If, through the agenda discussion, both sides decide to deal with less contentious
issues first, you can usually deal with these topics rather quickly.

8. NEGOTIATION OF CONTENTIOUS ISSUES

- This is where good communication skills and creative solutions play a critical role
in obtaining a successful outcome. Contentious issues are usually issues that both
parties disagree upon, and, prima facie, the solution to these problems appears to
either favour one party over the other, or vice versa.
- 1. Concede the issue in favour of receiving some other benefit from another issue;
- 2. Present a creative solution that can solve the issue to the benefit of both
parties.

9. Conclusion
- Once you have discussed all the issues and have summarily reached an agreement
on these matters, you must then conclude the negotiation. To do this successfully
you should have all items agreed upon written down within a proposed terms of
agreement form. This form should be prepared before the negotiation.
- SIGN agreement

10. POST-NEGOTIATION REFLECTION

- a) What was done well (strengths) and how did it work towards your advantage;
- b) What you would do differently next time (potential weakness);
- c) What strategy you adopted, did it change during the negotiation, and did it
ultimately work towards your advantage;
- d) What you thought about the atmosphere of the negotiation;
- e) What were the key developments of the negotiation;
 - f) What were some of the unexpected road blocks that you hit, if any; and
- g) Were you happy with what you got for your client; and/or
- h) Were there any issues with the outcome

Our position (what Our interest (why we What they want Obstacles (what
we want). want it). (pitch it to them) could stand in our
way and how can it
be overcome).

20% shares We want a majority Give them the We only have

of the company. - House? 150,000 cash.
Offer the house in
Morocco (which he Can't reveal that we
will like as it's in a 50% + 1 Shares don't actually want
party district) the ring
instead of settling
for less shares.

BL:
15% shares
(+ 1? This won't give
us a majority).

Issue Optimal Solution Best Alternative Walk Away Point

Solution