Power Struggle In Steven Zaillian's A Civil Action

The groundbreaking 1980s story of a small Massachusetts town which filed willful and gross negligence lawsuits against the big name chemical company W.R. Grace and consumer goods corporation Beatrice Foods, is “given breath” in Steven Zaillian’s, A Civil Action. These companies disposed of their toxic waste materials into the ocean which then seeped into the town’s well, which was their everyday water supply. These chemicals contributed to the rampant cancer deaths of many including innocent children. A Civil Action highlights the power struggle and negotiation process between Jerome Fatcher (Beatrice’s attorney), William Cheeseman (Grace’s attorney) and John Travolta’s character (Jan Schlichtmann, the town’s attorney) in order to get justice and reparation for those affected.
According to The Business Dictionary,
negotiation refers to the “bargaining (give and take) process between two or more parties (each with its own aims, needs, and viewpoints) seeking to discover a common ground and reach an agreement to settle a matter of mutual concern or resolve a conflict.” As seen in the film, negation is not always voluntary. In my opinion, Schlichtmann is the most effective negotiator and evolves as the unlikely hero of the film. In the beginning, he reluctantly accepts the cases, however, as the plot progresses he becomes enthralled in the case to the point of bankruptcy. Schlichtmann’s preparation and ability to control his emotions in front of the opposing party made him effective. Particularly, he was passionate about the case and knew the facts like the back of his hand, and had a clear set goal of what he wanted to get out of the negotiation. He maintains a calm demeanor while negotiating. For instance, when Al Eustis offers him $8 million and he calmly says he owes the families more than that.
The protagonist’s greatest weakness is his inability to compromise as a result of pride.
At the breakfast banquet, Schlichtmann demanded $25 million for the victims, another $25 million to establish a research institute to “study the links between hazardous waste and illness” and $1.5 million for each family for 30 years (boulder in the road). Subsequently, Beatrice’s attorney found this request outlandish and later offered Schlichtman $20 million (outside the courtroom Jerome place a 20 dollar bill on the bench beside him and said he could add 6 more zeros). He let his greed get the best of him and became obsessed about getting as much money from the corporate giants as he could. Furthermore, Schlichtmann did not have a best alternative to the negotiated agreement (BATNA) and thus declined the offer. The only amount he was willing to accept was the amount the other party was not willing to give. This turned out to be most unwise as the judge ruled that Beatrice Foods was not culpable for the outbreak of cancer-related deaths and other illnesses in the small Massachusetts community. In the end he ended up with an $8 million settlement from
Grace.
In addition, after his demand was rejected his negotiation strategy moved from using data to justify his desired settlement, to getting a victim to testify to win the court battle. Importantly, environment impacts the negotiation process just as much as any other negotiation factor. A negotiation should take place in a mutual location that both parties find beneficial to productivity. For instance, towards the middle of the film in order to hide the fact that his firm was struggling, Schlichtman held the settlement at a lavish hotel ballroom with a full breakfast spread. However, this did not create an impression on the other party. Instead, it quickened the negation process, arriving at no closure. The defendant’s attorney abruptly stated his client’s position, to a pastry, and then left. At the end, Schlichtman did not get a settlement offer and was put in greater expense.