Reference no: EM133187455

Imagine you work for Nokia in product development. Recently, South Korean company Samsung contacted you about a potential conflict arising from a patent that Samsung holds. They are claiming that Nokia has violated their rights of ownership to the patent. 

1. How will you approach the conflict? What kind of power dynamics are likely to be in play? Are there any ethical considerations involved? Which of the moral codes will you adopt in approaching this conflict? Why?

2. What kinds of emotions are likely to emerge? What cultural variables need to be considered when communicating and negotiating with Samsung (i.e. South Korean nationals)? What ethical philosophy (egoism, utilitarianism, or deontology) do you plan to embrace for this encounter? Why?

3. How do you plan to negotiate the conflict? Which approach (avoid, compete, accommodate, or collaborate) will you take? What compromises do you hope Samsung might be open to? Why?

4. Assuming independent negotiations fail, which of the NON-BINDING ADR strategies discussed in our class would you like to pursue? What things can you do, as a party to the conflict, to optimize the chances that non-binding ADR will be successful?

5. Assuming non-binding ADR fails and you have to move to arbitration, what will your strategy be? What kind of award model or approach do you hope the arbitrator will use for this case? Why is arbitration preferable to you over ordinary litigation?