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1 INTRODUCTION Before I came to New Zealand I have spent six months in Miami Florida in the United States of America While I was there during Thanksgiving 24th of November 1999 Elian Gonzalez was found in the sea and picked up by a fish-boat of the United States further abbreviated as US Elian was placed in his cousins family and the relatives started a lawsuit to get the custody over Elian He has been with his relatives during all the court hearings Now eight months later he has been re-united with his father but he has been emotionally damaged for life In the further essay Elian Gonzalez will be referred to Elian or boy President Fidel Castro will be referred to Castro I will use the framework of Negotiation to show the case analysis and will end with a conclusion I will not handle the Bargaining while that is not relevant in this case Everything will be discussed in Negotiation 2 DECIDE TO NEGOTIATE OR NOT Negotiation is a field of knowledge and endeavor that focuses on gaining the favor of people from whom we want things Cohen 1980 The relatives decided to negotiate when they decided that they wanted to have custody over Elian BATNAs Best Alternative to a Negotiated Agreement In this case there are no real strong alternatives available Neither of the parties would be happy when the custody over Elian would go to the opposite party The father considered the alternative of coming himself to the US and to live with his son in the Country of Freedom However the Miami relatives would not accept this such an option would not be considered 3 PREPARE 31 HOW DOES THE LAW APPLY IN THE ELIAN CASE Before I want to write the analysis about the Elian case I would like to explain some aspects of Law to make
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