Thursday, 23 October, 2025

The Art of Negotiation Series: “The Vivian Effect”


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INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.

Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed Michael Marino.

The Michael Marino Commentaries

MR LEWIS AND I ARE GOING TO BUILD SHIPS, BIG SHIPS

What happens when a company embeds sound negotiation principles into its management culture? The answer is often positive on multiple levels, including the early and internal resolution of conflicts.

The 1990 classic film, Pretty Woman, captures a shift in negotiation strategy. The original corporate takeover strategy, embodied by Edward Lewis, was a “take no prisoners,” scorched earth approach, focused on short-term financial gain regardless of human consequence. However, through the “thoughtful, human, romantic insights of Vivian,” Lewis transforms. He moves from being an artist of destruction to an open-minded negotiator focused on the big picture—defining true success as a decision to build ships rather than tear down.

The Core of the Vivian Effect

The Vivian Effect illustrates key concepts of effective negotiation. If success is measured solely in short-term financial results, a leverage-driven, “scorched earth” strategy dictates the course. But if a negotiation is designed for a win-win resolution—setting a course for ongoing productivity, broad benefits, and legacy opportunities—success is achieved by reaching an agreement to build ships, and big ones!

A successful company culture recognizes all the moving parts that define success. It maintains high expectations and clear communication of goals. This culture demands performance and execution, but it also shows respect, values listening, and offers a notice and opportunity to succeed at all levels. As illustrated in the analogy of the farmer’s market, ensuring a deal works for all parties—recognizing the effort to plant and nurture the product—creates a lasting opportunity for enjoyment, unlike forcing a sale through leverage.

Excellence, Discipline, and Investment

Applying these core, collaborative concepts shouldn’t be confused with lowering expectations. To the contrary, expectations and attention to detail should be high. The key difference is a culture that recognizes success is achieved only by establishing and meeting these standards, thereby creating opportunities for all.

Successful companies make significant investments in people. While they have the right to expect excellence, dedication, and commitment, they also address missteps early, focusing on correction and learning rather than acting impulsively. Of course, non-negotiable principles apply in cases of dishonesty, carelessness, or jeopardizing health and safety, which is when hard-fought litigation arises. However, these scenarios are rare compared to fighting over false principles that do not advance the organization’s goals.

The most successful global companies are prepared to go to battle when necessary, but they also recognize an investment in excellence means a commitment to listening, acting, and preempting challenges for products, clients, and human resources. Vivian’s focus was right: there is joy and happiness in doing the right thing. Success is often defined by the Vivian Effect—embedding these human-centric negotiation techniques to produce many positive results.

 

 

 

Michael Marino is a NYC-based management labor, employment and entertainment lawyer who for decades has represented corporations, executives, celebrities, sports figures, and influencers.  A member of the College of Labor and Employment Lawyers, he has tried federal court cases across the country and negotiated hundreds of collective bargaining and marketing agreements.  Before entering private practice, he served proudly as an officer in the United States Marine Corps, and as Special Counsel to the Secretary of the Navy.  He is a graduate of Georgetown University Law Center, Syracuse University College of Law, and Cornell University’s School of Industrial and Labor Relations.

Learn more at https://www.seyfarth.com/people/michael-f-marino.html/.

Connect with Michael on social media:

LinkedIn: https://www.linkedin.com/in/michaelfmarino

Twitter/X: https://x.com/seyfarthshawLLP

 

Check out more business stories here. 

Explore more insights at https://dailybusinessjournal.com/.

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