1. Analysis of Negotiation Erin Brockovich Film
The Rhetoric of Display
Analysis of Negotiation Erin Brockovich Film
Joel Silverstein
COM 312
Fall 2015
Arizona State University

2. The 2000 Stephen Sodenberg film Erin Brockovich chronicles a woman who transforms her life that has been filled with poor decisions and bad luck. She lands a job with her attorney and turns her life around, and in the process helps deliver justice to hundreds people.
The film is based on a true story that resulted in the largest tort reform settlements in the United States.
One scene discussed illustrates a multitude of negotiation techniques that include: research, agenda, first offers, denial, hardball approach, intimidation reservation position, and best alternatives to a negotiated agreement.

3. Erin Brockovich Divorced single mother with three children
High School educated
Less than $20 in bank
Hired as a file clerk by the attorney who represented her in a car accident case.
Has photographic memory.
Intense empathy for people.
Connects issues from realty files and develops a class action suit.
(Julia Robers, Universal, 2000)

4. Erin continued Erin has drive.
She challenges the community and establishment.
Her ability to listen intently, gather facts, information and personal embellishment from people provides the research needed to develop good arguments for negotiation.
A caring, passionate, and sometimes rogue negotiator.
She is the little guy whom defends other little guys.
She is not an attorney.

5. Ed Masry Owns small law firm. Approaching retirement.
Hires Erin out of guilt and some level of compassion.
Gives Erin opportunity to “run with it” and do research on a realty/medical case.
Has adversarial, yet fatherly relationship with Erin.
Approaches the law based on facts and procedures.
Very cautious in negotiations
(Albert Finney, Universal, 2000)

6. The story line
Erin’s exhaustive investigation uncovered that Pacific Gas & Electric had been poisoning the small town of Hinkley’s water for over 30 years. It was because of Erin’s unwavering tenacity that PG & E had been exposed for leaking toxic Chromium 6 into the ground water. This poison affected the health of the Hinkley population. In 1996, as a result of the largest direct action lawsuit of its kind, spear-headed by Erin and Ed Masry, the utility giant was forced to pay out the largest toxic tort injury settlement in US history: $333 million in damages to more than 600 Hinkley residents.
(brockovich.com)

7. The First victim - Donna Jensen
The Rhetoric of Display
The First victim - Donna Jensen
Erin is confused why there were medical records from PG&E in a real estate file for Donna Jenson, and what it had to do with selling Donna’s house.
Erin meets with Donna and learns about her cancer and begins researching medical records and water testing information.
Erin convinces Masry that PG&E’s behavior and actions were the cause of Donna’s cancer.
Masry submits a ream of documents to PG&E Claims department in the hopes of an out of court settlement.
PG&E’s initial offer meeting sets off the beginnings of a huge tort reform case.
Donna Jensen ultimately is awarded $3 million.
(Universal)

8. “I thought we’re negotiating here.”
(movieclips.com)
Click on photograph to watch clip of negotiation scene between Masry-Brockovich and PG&E representative.
Or click this link (requires internet connection)

9. Negotiation Analysis 1
Masry is unimpressed with the young representative.
PG&E makes first offer of $250,000 stating it is a fair offer for land value. (P.51)
Masry counters that the offer is not fair in terms of future medical expenses.
PG&E denies responsibly for medical issues. (P.339)
Masry states facts and figures of toxic levels of chromium-6, but is not familiar fully with the person harmed.
Brokovich, without notes, rattles off all of the medical issues Jensen has.
PG&E dismisses claims with counter accusations. (P. 187)

10. Negotiation Analysis 2
PG&E rep states “our offer is final and more than fair” taking a hardball approach, having reached his reservation point. (P. 69)
Masry reminds PG&E that the agenda for the meeting is for negotiation. (P.134)
PG&E representative embarrassingly states he is only “authorized” to make this offer.
Masry changes body language, stands, tells PG&E rep he will present offer to client, but doubts it will be accepted.
Rep scrambles to intimidate Masry with power play elucidating PG&Es financial strength. (P. 71)
PG&E Rep displayed authority yet was not truly in a position to negotiate.

11. Negotiation analysis 3
PG&E offer did not meet with Masry’s reservation price.
Masry now sees PG&E’s $28 Billion of assets as a potential new reservation price!
Masry’s BATNA now shifts to initiation of a lawsuit. (P131, 143)
There is no zone of potential agreement between the parties and outside legal action is necessary. (P.38, 361)

12. Summary
The negotiation tactics employed by Masry and PG&E attorney are predictable and illustrated in a concise manner. However Masry was attempting to obtain a quick settlement and was not seeing the bigger picture. This is evident from his lack of understanding the individual plaintiff. Had he taken an interest in the actual client he may have delivered better arguments.
The curveball to this and other negotiation scenes is Erin’s passion for her clients and the internal conflict she has with the image of her life. Erin proves not only to herself, but others that she is not a washed out beauty queen but a smart, savvy, passionate woman who realizes she has the power to right the wrongs people have experienced.
Erin is managing conflict and negotiating every minute of her existence. These include negotiating with her children, boyfriend, co-workers, and the attorneys. Where she shines is how she listens intently to the people. She views them as she sees herself, as a person, not as plaintiffs.

13. Summary continued
There are many other negotiations that occur in the film where both Masry and Brockovich work well together. Erin successfully negotiated the understanding of a contingency fee with the initial plaintiffs. She was always successful in negotiating information. Her manner and style is unassuming and disarming, people trust her values and opinions.
However, Erin can become highly emotional and prone to saying rash and shocking things. Here Masry helps shape her, suggesting that “charm school” would be better than law school.
It is much of this feistiness that ultimately leads her to becoming a valuable employee and partner with Masry.

14. Value as a Learning Tool
Erin Brockovich (2000) exposes and highlights key personal characteristics that are necessary to successful negotiation. The multiple situations portrayed include personal, employment, sales, informational, corporate, and legal negotiations.
The film illustrates conflict that arises at home, in the work place, and in society in general, and shows how many are resolved and how some are not.
PG&E corporate, local, employees, and attorneys present a pattern of unethical behavior that conflicts with a healthy society.
The film serves as a learning tool in areas of conflict, negotiation, law, morality, ethics, and social and corporate responsibility.

15. The Rhetoric of Display
References
Erin Brockovich | My Story. (2003). Retrieved November 3, 2015, from Lewicki, R. (2014). Negotiation: Readings, Exercises, and Cases:7th Revised: Edition (p. 38, 51, 69, 71, 131, 143, 187, 236, 361). New York, NY: MCGRAW HILL HIGHER EDUCATION. Soderberhg, S. (Director), DeVito, D., Shamberg, M., & Sher, S. (Producers). (2000). Erin Brockovich [Motion picture]. USA: Universal Pictures.