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PLANNING TEMPLATE - 9 Key Elements

Roles = Mandate (Lead, co-lead, data-analyst, gate


Parties - (Principals,
PARTIES keeper, recommender, influencer, enabler, decision
Agents, 3rd Side, Audience) maker, arbitrator, rules maker, others)
National Hockey League Decision-maker, enabler
(NHL)

National Hockey League Decision-maker


Players’ Association (NHLPA)

Gary Bettman, NHL Decision-maker, Lead


Commissioner

Bill Daly, NHL Chief Legal Recommender


Officer

Bob Goodenow, NHLPA Decision-maker, Co-Lead, Requester


Executive Director

INTERNAL

Trevor Linden, NHLPA Union Decision-maker, Lead, Requester


President

Ted Saskin, NHLPA Senior Recommender


Director
NHL team owners Decision Makers, Influencer

NHL players Partial Decision Makers, Influencer

Arthur Levitt Jr. Recommender

Fans of the NHL Influencer

Media Gatekeeper, Influencer

Arena and Stadium Staff Enabler

NHL Sponsors Enabler, Influencer


EXTERNAL
NHL Player Families Influencer

Government Arbitrator, Rule Makers


Interests (Aspirations, fears, disagreements,
Value Drivers (Causal factors for
grievences) {concerns, needs, wants,
desirable} Barganing-Mix needs, issues)

Wants salary cap, fair revenue sharing (for Rising profits, uneven revenue
them), fears financial instability. distribution between teams.

Wants high salaries, free contracts, fears pay Desire for maximizing player income and
cuts, loss of leverage. maintaining control over contracts.

Represent NHL interests, want a strong league. Desires for financial stability and
competitive balance.

Represent NHL interests, want a strong league. Desires for financial stability and
competitive balance.

Represent NHLPA interests, want highest Representing player desires for career
salaries possibles for players and better security and high earning potential
opportunties for them

Represent NHLPA interests, want highest Legal expertise to ensure NHLPA


salaries possibles for players and better interests are protected in negotiations
opportunties for them

Advises NHLPA on legal aspects of negotiations. Legal expertise to ensure NHLPA


interests are protected in negotiations
Want financial stability for their teams, may have Team finances, competitive landscape
different revenue needs within the league

Want high salaries, long careers, fear reduced Individual salaries, career length, and
income. overall player income

Wants a fair settlement, avoids a long lockout Avoiding a work stoppage that hurts the
and maintain his reputation league and its stakeholders

Want hockey season, fear missing games, a Entertainment value, access to games,
decline in quality. quality of play

Wants stories, access to info, keeps fans engaged. Newsworthy stories, keeping the public
interested in the dispute

Want NHL season, fear lost income due to Revenue generated by games and overall
cancellations. league health
Want financial stability for their teams, may have Team finances, competitive landscape
different revenue needs within the league
Want players to earn well, fear financial Financial well-being of players,
hardship. supporting their careers
Tax revenue, labor peace, healthy sports
industry.
Value $ (This NAB &
BATNA
Life-time)

Cancel the season, lose revenue but potentially gain


leverage in future negotiations

Strike during the season, lose salary but apply


pressure on the NHL

1. Cancel the season (lose money now, but gain


leverage later)
2. Accept less favorable terms than desired, but avoid a
lockout.

1. Cancel the season (lose money now, but gain


leverage later)
2. Accept less favorable terms than desired, but avoid a
lockout.

1. Strike during the season (lose pay now, but pressure


the NHL)
2. Accept less favorable terms than desired, but avoid a
strike.
3. Start a new league with better rules for players. It's
risky, but helps gain a chip over NHL later.

1. Strike during the season (lose pay now, but pressure


the NHL)
2. Accept less favorable terms than desired, but avoid a
strike.
3. Start a new league with better rules for players. It's
risky, but helps gain a chip over NHL later.

1. Strike during the season (lose pay now, but pressure


the NHL)
2. Accept less favorable terms than desired, but avoid a
strike.
3. Start a new league with better rules for players. It's
risky, but helps gain a chip over NHL later.
Accept reduced revenue due to a lockout or May
explore selling teams if the lockout significantly
impacts finances
Pursue careers in other leagues (Europe, minor
leagues) with lower salaries.

Publicly highlight the negative impacts of the lockout


on all parties

Find alternative entertainment, potentially leading to


decreased interest in the NHL

Cover other sports or stories, but NHL lockout


generates significant interest

Find alternative events or lose revenue

Reduce sponsorships or shift focus to other sports

Influence to shift to other leagues

May impose laws or rules to avoid economic


disruption
POWER(capacity to Reward,Punish),SOURCES
Barriers (Structural, Psychological, Strategic, OF POWER(Material Resources,Vested
tactical) Authority,Physical/Mental Strength,Time ,
Information)
Refer Barriers table, column M to T 1. Can offer big contracts to players who don't
follow the union, control access to the NHL
platform, and its prestige.
2. Can cancel the season, fine players, and maybe
convince other leagues not to let players who strike
join them.
3. Make the rules and run how things work in the
NHL

Refer Barriers table, column M to T 1. Can bargain together, talk to other leagues, and
maybe stop games
2. Can complain about the league and hurt its
reputation by not playing.
3. Can influence fans on their side by talking to
them and the media

Refer Barriers table, column M to T Know-how, good negotiation skills, and can make
decisions for their sides.

Refer Barriers table, column M to T Know-how, good negotiation skills, and can make
decisions for their sides.

Refer Barriers table, column M to T Know-how, good negotiation skills, and can make
decisions for their sides.

Refer Barriers table, column M to T Know-how, good negotiation skills, and can make
decisions for their sides.

Refer Barriers table, column M to T Know-how, good negotiation skills, and can make
decisions for their sides.
Refer Barriers table, column M to T Can have a say in league choices, and might sell
their teams.

Refer Barriers table, column M to T Work together through the NHLPA. Good players
can make a big difference by influencing the fans

Refer Barriers table, column M to T Staying neutral and being good at fixing problems

Refer Barriers table, column M to T Can affect money and put pressure on both sides
and thus can choose to spend money elsewhere and
talk about the issues

Refer Barriers table, column M to T Can change how people see things by reporting

Refer Barriers table, column M to T

Refer Barriers table, column M to T

Refer Barriers table, column M to T

Refer Barriers table, column M to T


Types of Barriers

Structural Barriers

ETHICS(Good/Bad , Right/Wrong) Party

NHL & Team Owners

Balancing financial stability with player


compensation and fan interests.

NHLPA & Players

Ensuring fair wages for players while


recognizing the financial realities of the
league.

Media
Negotiating in good faith and seeking
solutions that benefit all stakeholders.

Negotiating in good faith and seeking


solutions that benefit all stakeholders.

Negotiating in good faith and seeking


solutions that benefit all stakeholders.

Negotiating in good faith and seeking


solutions that benefit all stakeholders.

Negotiating in good faith and seeking


solutions that benefit all stakeholders.

Root Barriers
Structural Barriers

Barrier
Differing Interests

Limited Resources

Remaining neutral and facilitating a fair


negotiation process.

Information
Asymmetry
Balancing their desire for entertainment
with understanding the challenges faced by
both sides.

Reporting the situation accurately and


objectively, while avoiding sensationalism
that could worsen the dispute.

Solution to Barriers
Structural Barriers

Barrier
Enhanced
Transparency

Revenue Alignment
Innovative
Compensation Models
Barriers

Structural Barriers Psychological Barriers

Details Party Details

Difficulty in demonstrating the true Gary Bettman (NHL Pressure to be seen as strong leaders
financial need for a salary cap due to Commissioner) who can deliver financial stability for
information asymmetry with the the league, potentially leading to an
NHLPA unwillingness to compromise.

Concern that a salary cap unfairly Bob Goodenow (NHLPA Fear of being seen as betraying
limits player earning potential, Executive Director)/Trevor players by accepting a less favorable
especially for star players. Linden (NHLPA Union deal, potentially leading to a more
President) aggressive stance.

Focusing on sensational headlines and NHL Players Frustration with the perception that
conflict narratives rather than the owners are greedy and unwilling to
human cost of the lockout. share profits fairly.

Fans Feeling frustrated and excluded from


the negotiation process, potentially
leading to decreased interest in the
league.

Arena Staff/Sponsors/Player Anxiety about financial security due


Families to the uncertain duration of the
lockout.
Structural Barriers Psychological Barriers

Details Party Details


The NHL aims for financial stability Fluctuating Emotions The lockout triggers anger,
via a salary cap, while the NHLPA frustration, and resentment,
focuses on maximizing player salaries, impairing communication and
making compromise challenging. rational decision-making.

A prolonged lockout harms both the Self Interest Figures such as Bettman and
NHL and players financially, pushing Goodenow may feel compelled to
for resolution but also fostering adopt a tough stance to safeguard
stubbornness if neither side budges. their reputations and organizational
influence, deterring compromise.

The NHL likely possesses more Perceptions Preconceived stereotypes, like


detailed financial data than the "greedy owners" versus "overpaid
NHLPA, complicating the players' athletes," hinder trust-building and
ability to evaluate claims of financial mutual understanding.
hardship.

to Barriers
Structural Barriers Psychological Barriers

Details Party Details


Implement a transparent method for Interest-Centered Negotiation Move away from entrenched positions
sharing financial information between (like salary cap versus no cap)
the NHL and NHLPA, such as towards addressing core interests
independent audits or forming a joint (such as financial stability and player
committee with representatives from income). This approach can facilitate
both parties. the discovery of mutually beneficial
solutions.

Investigate revenue-sharing Enhancing Relationships Cultivate communication and trust


frameworks linking player salaries to among NHL and NHLPA leaders,
league earnings to better align fostering a collaborative atmosphere
interests and foster a more stable and promoting understanding of each
financial structure. other's viewpoints.
Explore alternative salary structures Emotion Regulation Introduce communication tactics to
integrating signing bonuses, handle anger and frustration during
performance incentives, or a blend of negotiations, including taking breaks,
salary and revenue sharing to strike a employing "I" statements, and
balance between player prioritizing problem-solving over
compensation and cost management. assigning blame.
Strategic Barriers

Party Details

NHL Miscalculation of public support for a


lockout, potentially leading to an
underestimation of the financial
impact of a cancelled season.

NHLPA Overestimation of leverage if other


leagues are unwilling to accept
striking players, potentially leading to
a weaker bargaining position.
Strategic Barriers

Party Details
Unclear BATNA When both sides assume the other
will give in, they're less inclined to
compromise, prolonging stalemates.

Leverage Misjudgment The NHL may overestimate its lockout


endurance, while the NHLPA could
misjudge public backing for a player
strike, hindering settlement chances.

Strategic Barriers

Party Details
Strengthen BATNAs Both parties should fortify their Best
Alternatives to a Negotiated
Agreement. This might entail
diversifying revenue sources for the
NHL or exploring opportunities in
other leagues for the NHLPA. A robust
BATNA increases leverage and fosters
willingness to compromise.

Manage Expectations Leaders from both sides should


establish realistic expectations for
negotiation outcomes, preventing
deadlock and promoting innovative
resolutions.
0

Tactical Barriers

Party Details

NHL and NHLPA Focus on short-term wins and public


posturing rather than long-term
solutions and collaborative problem-
solving.

Arthur Levitt Jr. Difficulty in navigating the complex


emotions and entrenched positions of
both sides.

Government Limited role in the negotiation


process, but concerned about the
negative economic impact on cities
and the overall sports industry.
Tactical Barriers

Party Details
Improper Communication Absence of clear and open dialogue
regarding needs and concerns can
result in negotiations getting mired in
technicalities or blame-shifting rather
than seeking innovative resolutions.

Ineffective Negotiating Styles Aggressive tactics or a retaliatory


mindset can heighten tensions and
hinder relationship-building.

Unrealistic Expectations The NHL may set unattainable goals


for cost control, while the NHLPA may
anticipate maintaining current salary
levels, potentially leading to deadlock
if neither side is willing to
compromise.

Tactical Barriers

Party Details
Engaged Listening Both sides must actively listen to each
other's concerns and proposals,
focusing on understanding the
underlying messages rather than
simply preparing rebuttals.

Cooperative Solutions Transition from a win-lose mindset to


a collaborative approach, where all
parties work together to find
solutions satisfying everyone's needs.
Foster Creative Thinking Seek unconventional solutions
beyond typical negotiation tactics,
such as involving neutral third parties
or brainstorming novel approaches.
Q1) Barriers under each type of barrier
Structural/Institutional barriers

The main issue in the NHL dispute was the disagreement over the introduction
of a salary cap and the linkage of salary to revenues, which were key
components of the proposed new collective bargaining agreement (CBA)

Lack of trust between the players and team owners, with players accusing team
owners of concealing actual revenues and underreporting the profitability of
the game

The NHL Commissioner and the NHL Players’ Association Executive Director
conducted the negotiations, representing the two sides with conflicting
interests

Q2) Root cause analysis under each barrier

Disagreement over revenue-sharing methods: NHL proposed a payroll tax


1) system, while NHLPA suggested revenue sharing among teams to bridge the
revenue gap

Lack of trust and embitterment: NHL Commissioner Bettman tabling additional


2) demands such as eliminating player rights led to frustration and hindered
progress in negotiations

Financial disputes and skepticism: NHL’s reported losses, player costs, and
3) refusal to provide financial books raised doubts and skepticism among players
and media, impacting
Q3) Root Cause analysis - Overall

Lack of Trust in Financial Reporting: The primary barrier was the lack of trust
1 between players and team owners due to discrepancies in reported finances,
exacerbated by an independent audit's perceived lack of objectivity.

Disagreement on Solutions: There was a significant disagreement over


2 proposed solutions to address revenue disparities between small and large
market teams, with the rejection of key league proposals hindering progress.

Additional Demands: NHL Commissioner Gary Bettman's additional demands,


3 which aimed to scale back player rights and benefits, further strained relations
and complicated negotiations.

Union's Proposals: The union proposed alternative schemes such as revenue


4 sharing and gate receipt tax, contrasting with the league's payroll tax system
and unrestricted free-agency system.

Breakdown in Negotiations: These barriers collectively contributed to a


5 breakdown in negotiations, culminating in the lockout during the 2004-2005
NHL season.

Impact on Season: The dispute had significant repercussions, leading to a full


6
lockout and the cancellation of the entire 2004-2005 NHL season.

Q4) Final Solution - According to NHL owner

Fair Compromise: Achieving a successful agreement with the NHL Players’


Association (NHLPA) as an NHL owner necessitates a fair compromise that
1)
addresses concerns from both sides, ensuring long-term viability and success of
the league

Revenue Sharing: Implementing a revenue-sharing model to bridge the gap


between small and large market teams is crucial. This promotes parity and
2)
maintains a level playing field, enhancing the overall health and quality of
competition in the league.

Player Perspective: Understanding and addressing player concerns regarding


issues like salary arbitration, free agency, and guaranteed contracts is essential.
3)
Finding a middle ground that respects player rights while also meeting
ownership objectives fosters trust and cooperation.
Transparency and Communication: Open communication and transparency are
vital during negotiations. Building trust through access to financial information
4)
and constructive dialogue helps bridge the gap between owners and players,
facilitating agreement.

Long-term Growth: Prioritizing the NHL's long-term growth and sustainability is


paramount. Collaborating with the NHLPA in a spirit of compromise can lead to
5)
mutually beneficial outcomes, ensuring a brighter future for all stakeholders
involved in the league.

Q5) Frame used for anchoring and its reason- as NHL owner

As an NHL owner, the frame in which we have anchored and conducted


negotiations for the best possible results have involved focusing on
collaboration and compromise to ensure a fair and sustainable collective
bargaining agreement (CBA) with the NHL Players’ Association (NHLPA) . It is
essential to prioritize the long-term success and growth of the league while also
considering the players’ perspectives and concerns

Transparency on Finances: Address players' mistrust by providing clear


financial data, demonstrating commitment to fairness and openness.

Balanced CBA for All Teams: Implement measures like a payroll tax system to
address revenue disparities and promote competitiveness among small and
large market teams.

Open Communication with NHLPA: Maintain respectful relationships and


engage in constructive dialogue with NHLPA representatives for successful
negotiations.

Achieving Mutually Beneficial Agreement: By anchoring negotiations in


transparency, collaboration, and fairness, a conducive environment is created
to reach a CBA supporting the NHL's growth and stakeholders' interests.
each type of barrier
Psychological/Behavioral barriers Strategic/Tactical barriers

The NHL’s proposal


included a payroll tax
The NHLPA outright rejected the
system, unrestricted free-
NHL’s proposed payroll tax,
agency system, and a cap
arguing that it would inhibit fair
on rookie salaries and
payment to players and artificially
bonuses to help small
deflate salaries
market teams become
more competitive

The NHL rejected all union


The NHL Commissioner was seen
proposals, believing that
as using certain issues, such as
the payroll tax was the
eliminating salary arbitration and
most effective way to
per diems, as threats to speed up
lessen the revenue gap
the negotiation, which embittered
between small and large
the union during the talks
market teams

Both the league and the


union agreed that the
Uncertainty and tension among
revenue gap between
players like Trevor Linden, as
small market and large
negotiations dragged on for five
market teams needed to
months with no resolution in sight,
be addressed, but they
leading to concerns about the
disagreed on how to
future of the sport and the players’
achieve this goal, leading
prospects
to a deadlock in
negotiations
Q.no
1
Ans

2
Ans

3
Ans

4
Ans

5
Ans
Question
What should constitute success in this case?

Conditions for Success in this case

1. Preserving the Partnership: The negotiation process shouldn't create long-term animosity. Ideally, both sides emerge with r
2. Sustainable Success: The agreement should be structured to benefit the league and players in the long run. It should promo
Here are some key markers of success:

1. Fair Share for All: A fair and equitable salary structure should be established for all players. Any imposed salary cap should b
league revenue.
2. Essential Benefits Secured: Negotiation should aim to reinstate basic benefits like healthcare, insurance, and accommodatio
these benefits.
3. Transparency and Shared Reward: Consideration of revenue sharing and performance incentives based on league performa
linking salaries to league revenues and ensure fair compensation.
4. Keeping the Game Going: Preventing a lockout is crucial to avoid significant revenue loss for both the league and players. Le
fans and players seeking opportunities elsewhere.

What are the key/root barriers in the way to that success?


Refer the Barries tables in Template sheet

What are the solutions to overcome them?


Refer the Barries tables in Template sheet

How to frame the nab in order to make the solution come through to success?

The Key Issue:


The primary concern is the potential for a prolonged lockout leading to players seeking opportunities elsewhere. This "brain d
season.

The Framing Approach:


We can leverage the "Template" framework to address this issue and pave the way for a successful agreement:

1. Shared Interests:
Emphasize that both sides share a vested interest in a thriving league with strong teams and a sustainable future. Highlight ho
2. Open Communication:
Advocate for transparent communication channels. Both the league and NHLPA need to openly express concerns, propose sol
3. Exploring Alternatives:
Showcase a willingness to explore alternative solutions to the current deadlock. This could include different models for revenu
4. Principled Negotiation:
Encourage a collaborative negotiation style. Focus on shared interests, seeking win-win solutions that benefit the league and p
5. Stakeholder Engagement:
Involve key stakeholders such as team owners, players, and fans in the negotiation process. Their voices can enrich solutions a

What is the winning game plan


The Strategy:

1. Shifting Focus: Move beyond simply opposing a salary cap (NHL's stance). Instead, focus on the underlying interests: fair com
concerns.
2. Finding Common Ground: Identify the Zone of Possible Agreement (ZOPA) - the range of outcomes acceptable to both side
accept.
3. Building Bridges, Building Success: Effective communication is crucial. Highlight the negative consequences of a lockout for
process.

Here's the Winning Game Plan:

1. Mutual Benefits Framework: Frame the negotiation as a win-win. The NHL wants profits and cost control, while the NHLPA
morale, leading to better performance, increased ticket sales, and advertising revenue for the league. A stronger game benefi
2. Collaboration Over Competition: Highlight the advantages of increased player salaries for the NHL and the sport. Advocate
win-win situation for all.
3. Building Trust: Address past conflicts and establish trust by emphasizing shared interests and benefits. This paves the way f
4. Flexibility is Key: Recognize that negotiation is a dance. The NHLPA should be flexible while remaining firm on core principl
5. Long-Term Vision: Look beyond immediate gains. The NHLPA's approach emphasizes long-term benefits and relationship b
the game's long-term sustainability.
Group
Section
Role
FT241032
FT241026
2
1
NHLPA (Player's Association)
Jagadeesh Garaga
Gaurav arora

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