商务谈判(英文版）

JiNing College Of Vocation and Technology,INTERNATIONGNAL BUSINESS NEGOTATION (THEORY CASES SIMULATION) Tuesday, July 24, 2007,Personal Presentation,Ren Guangjian Tel:h)o)(Department of Economic and Administration),PREFACE,Through learning, the students will be able to:Increase understanding the characteristics of a negotiation; Develop ability to analyze the process and structure of a negotiation; Increase awareness of attitudes ,mind-set and basic theories in different negotiation situations; and Increase awareness of ones psychological behavior and personality style as they are backed ones culture,CHAPTER 1 Negotiation Motives and Key Terminology,Negotiation motives and key terminology 谈判动机与关键词语Negotiation谈判Conflicts冲突Stakes利益Case study: Matsushita Electric Corporation 松下电器公司 Human beings live in a finite world ,but their appetites are oriented to the infinite .As a result, mans unlimited demand has constantly given rise to conflicts between such demand and limited, scare natural resources. To find a way out ,the science of economics has been developed to study alternative ways to use scarce and limited but productive resources to produce goods and services to satisfy mans unlimited demand. mans endless need and demand not only produce confrontation against nature but trigger conflicts among themselves.,For example: The long lasting negotiations between Israel and Syria on returning of Israel occupied territory-Golenhigh site an example to the point.Water conflict in the Middle East is simply one typical issue among countless disputes of similar nature among countries and nations. Territory in Kasmir, oil in the Middle East and diamond in the South Africa have all provoked and stirred up serious and long lasting military and political confrontation among countries both nearby and far away. There are also other serious confrontations and conflicts induced by social, religious, cultural and political events, however the majority of the conflicts have direct and indirect economic background. Human beings are living in a world of full of contradictions, disputes and confrontations.,How to resolve and tackle these problems has always been the chief concern of all countries and states. To look throughout human history, generally speaking, two approaches have been applied to conflict settlement : military means and peaceful means.However after the World War ,the devastating consequence of the war has made people all over the world realized a solid fact that coordination through negotiations is no doubt a better option for various conflicts and disputes. With the further development of economic globalization and integration ,negotiations have been widely practiced in social life of all kinds particularly in business activities.Like it or not, everyone is a negotiator. Negotiation is a fact of life .More and more occasion require negotiations; conflict is growing industry.,Negotiation A negotiation is a process of communication between parties to manage conflicts in order for them to come to an agreement, solve a problem or make arrangements. A negotiation is a meeting or a series of meetings in which the parties need each others agreement to reach a specific objective.The fundamental principles of negotiation1. Negotiation is an element of human behavior.2. Negotiation takes place only over issues that are negotiable. 3. Negotiation takes place only between people who have the same interest.4. Negotiation takes place only when negotiators are interested not only in taking but also in giving.5. Negotiation takes place only when negotiating parties trust each other to some extent.,Negotiations occur when there are conflicts, which in turn are resulted from disputes over stakes of negotiating parties. Next, the definitions of conflicts and stakes will be expounded in detail. A successful negotiation must satisfy at least the following conditions:1. The outcome of negotiation is a result of mutual giving and taking. One sided concession or compromise can not be called a successful negotiation.2. Negotiations happen due to the existence of conflicts, however, no negotiations can proceed smoothly and come to a satisfactory solution without collaboration between the participants.3. Negotiation is a behavioral process, not a game; in a good negotiation, everybody wins something. Success isnt winning everything; its winning enough.,Conflicts conflicts give rise to negotiations. Therefore a discussion on the nature of conflicts facilitates better understanding of negotiations.A conflict is a dispute, disagreement or argument between more or interdependent parties who have different and common interests.,The definition of conflicts states three points, which can be specified as:,First, parties in conflicts are interdependent, which means there remains a kind of relationship development by interrelated interests and concerns. There would be no conflict if two parties were not interrelated and nothing to do with each other. Second, both different and common interest coexist, which appear to be illogical. However, if there are only contradictions and no sharing of common interests, negotiations become groundless and unnecessary.Third, two parties in a conflict will naturally fight for each others own interests and make every effort to gain more from the other side, as a result it will reduce gain of interests expected initially.,States Stakes are the value of benefits that may be gained or lost, and costs that may be incurred or avoided. Four points need to be clarified: This definition of stake explains clearly how significant and crucial a negotiation can be for the parties involved. The three points it contains needs further clarification:Negotiating parties will either gain the interests they expect to win from the negotiation or lose what they hope to attain, which indicate that the talks are pertinent to revenant parties own affairs and interests.Free lunch is not provided at the negotiation table, in another word, to get what is desired, both parties have to pay for the gaining at either high cost or low cost depending on how well negotiations manage the situation.,3、How much of stakes can be gained and where a particular gain is the one that a party desires for is also gauged in view of the current situation. Negotiators will consider and compare the possible benefits if they choose to keep the present situation or make any changes. They will also have to decide how much they may gain if they choose option A instead of option B4.Negotiation will have to compare and balance the relation between the current interests and long term interests or underlying desires in order to make decision on satisfying long tern interests at the cost of current interests or the other way round.,Chapter 2 Negotiation Procedure and Structure,I Negotiation Procedure谈判程序 Negotiations, no matter formal or informal, follow a certain format, which is (1)introduction of team members, (2)discussion of agenda, (3)formal negotiation, and (4)wrapping up.II. General structure of negotiations 一般结构III. Structure of business negotiationsNegotiation Procedure谈判程序Negotiations, no matter formal or informal, follow a certain format, which is Introduction of team members Before formal introduction of team members ,all people will be seated first.Discussion of agenda Formal negotiation Wrapping up,1. Introduction of team members Before formal introduction of team members, all people will be seated first. According to international practice, _team is usually seated facing the gate while the _party sits with the backs toward the door. The chief negotiator is placed in the _ with the interpreter sitting to his or her _. The introduction starts from the key/chief negotiator of the _side and other members and finishes with the _team. Such information may be included in the introduction as _, _ and _titles, specialties and major responsibility in the team. Introduction is an indispensable part of negotiation, because frequently, negotiations especially complex negotiations require direct exchange of information, and views between experts of particular fields from both team members who have expertise and _ in certain issues. They often hold separate discussions on those particular _. In such situations, they know whom to _ for sufficient information and necessary consultation.,2. Discussion of agenda The agenda of a negotiation is often the _subject discussed, especially when it is an important and complicated negotiation. An agenda is not simply an arrangement of activities that parties will participate in the following negotiating days. In reality, how to arrange issues to be talked reflects _consideration of negotiators. Not every item to be discussed weighs the same in the minds of negotiators. Each time there will have to be some _ bones to be dealt with. Some negotiators prefer to go into key issues immediately after the negotiation starts. To let the _ go first is one reason for such preference. Secondly, _ and efforts can be gathered and focused on those _ issues. Finally, initial tensions of relations built up when discussing difficult issues will _ in relaxation of tension and satisfaction of easy _ of benefits. Other negotiators prefer to place key issues last or after discussion and settlement of trivial ones. Such arrangement creates the effects of relaxation of relations and ease in the initial stage, which may lead negotiators to _ their way over tough and difficult issues naturally. Arrangement of trivial issues first and important issues second caters to common mentality of having tough issues the later the better, particularly when foreseeing of discrepancy appears large and no party will make easy _ until the last moment of deadline comes.,3. Formal negotiationWhen to start formal negotiation?Introduction of team members The agreement of schedule/agenda Formal negotiation Wrapping-up process can be as short as a couple of _ or as long as a few _ if time permits. To review and confirm the agreement and result of talks on each issue so that no _ of understanding exists. Some seemingly reached agreements and resolved problems may induce further arguments and debates when they are confirmed as _ agreements. In addition, some points ignored or overlapped in the course of negotiation may be brought up for discussion again. Sometimes wrapping up may also include arrangements for follow-up work to be considered for the negotiating parties in future.,General Structure of Negotiation,The negotiation procedure describes negotiations from perspective of the physical outlook while the general structure will lay open all negotiation from interior of negotiations. (logical) As it is explained previously conflicts of interests give rise to negotiations, which is true to whatever kinds of negotiations, big or small, simple or complicated, private or national or international. Therefore a process of negotiation is a process of managing _. Based on this common nature of negotiations, it is not difficult to find out the general steps that almost all negotiations will go through. They are:1.Determine interests and issue;2.Design and offer option;3.Introduce criteria to evaluate option;4.Estimate reservations points;5.Explore alternatives to agreement; and 6.Reach an agreement,1. Determine interests and issues Parties at negotiating table come with their own interests embodied in actual issues. Interests explicitly articulated are easy to be determined whereas potential interests will demand a lot of efforts to be disclosed since people sometimes hide their _ purposes. So it is essential that negotiators identify their own interests and the other sides interests and find out what issues are involved. Because only after both sides understand each others interests and _ interests, can they proceed to the next step.2. Design and offer options Once both sides interests and issues are identified, it is time for negotiators to set forth suggestions and options for how to address the issues. Those _ provided usually express basically each sides own views and understanding of the issues.,3.Introduce criteria to evaluate optionsSuggested options will be examined and evaluated by different criterion by each side. The disparity of the criterion by the two parties is due to the fact that both parties wish to _their own interests, therefore it is on this stage that _ of interests of two sides will confront and clash with each other, which will surely incite argument and contradiction.4. Estimate reservation points/bottom line What negotiating parties do next is to gauge how big the_ is between their own demands and the counter partys demands. When the gap of discrepancy can not be _ at all, or in other word, if the bottom line of request can not be satisfied, then it is time to _ away and leave negotiation table and announce _ of the negotiation.,5. Explore alternatives to agreement There can be another way out: negotiating parties make efforts and explore alternatives to the options put forward before. A capable negotiator can always exhibit great initiatives and high ability by coming up with constructive suggestions which should _ both parties concern and interests.6. Reach an agreement A final agreement will be reached if any suggestions may effectively bridge the gap of the discrepancy so that the negotiation can be _ successfully.,Structure of business negotiation,The structure of business negotiations follows the same patter as all other negotiations with one difference in that every phase of a business negotiation is expressed in business jargon (technical words and expression that are used mainly by people who belong to the same professional group and are difficult to understand): inquiry, offer, counter offer and acceptance,By making inquiry and offer, the _ and _ of two sides are explicitly expressed and meanwhile _ and _ are introduced. By counter offer and acceptance, _ to options are explored and discrepancy is bridged so that _ agreement is reached. In spite of similarity in structure, each step of business negotiations has strict legal interpretation.,1. Inquiry Either _ or _ can make inquiry about terms of a business deal. The inquiry usually includes such information as price, _, _, _, _, _, terms of _, inspection, arbitration and so on. An inquiry is done for the purpose of doing _ survey and finding out if there is the _ of doing the business, thus it _ have any binding effect on the two sides.2. Offer The _ or the _ explicitly expresses his willingness to do the business according to the terms offered. The offer may be either _ or _, or implied by _ understanding. The party giving the offer is called the _. The other party that accepts the terms is called _. The terms of the offer must be _ and _ and must be communicated to the _ by the _ or his agent. The offeree must communicate with the offeror _. The agreement will be written in the _ to be signed, which is enforceable by law. However, if the offeree does not accept the terms, he will give his _ _.,3. Counter offer Counter offer is an expression of _ or _ of the terms given by the offerer. A _ of an offer may result when an offeree attempts to vary the terms of the offer. Counter offer may go back and forth _ times, a period called bargaining stage, also the most difficult phase of a negotiation. Once the counter offer is given, the offerer means to honor the terms he puts forward, which will have _ effect on the offerer.4. Acceptance An acceptance indicates the _ of the offeree to accept the terms of the offer. Acceptance may be made by the signing and delivery of a written document, or by a _ communicated to the offerer. Silence on the part of the offeree is _ an acceptance. The acceptance must be unequivocal and _ the terms of the offer must be accepted. The final _ will be the contract, the legal document.,Chapter 3Negotiation Lubrication,Target decision 设定谈判目标Collecting information 收集情报Staffing negotiation teams 组建谈判小组Choice of negotiation venues 选择谈判地点,Every negotiation requires . The preparatory work functions, in a sense, as lubrication on either or an ad hoc basis. Preparation is an integral and fundamental part of a egotiation, which prepares parties with information critical to negotiation, equips participants with weapons necessary for bargaining and builds up negotiators . A most important cause for in international negotiation is insufficient preparation and information. Negotiation preparation begins when people related with negotiation have to make decision on the following issues:Objectives and targets to be ;Macro and micro information to be researched;Negotiation team members to be ; Locations where negotiations to be .,TARGET DECISION 设定谈判目标Target decision has two components: preference of interests and target levels.1. Preference of interestsThe first important task to be done at preparatory stage is for negotiators to decide which interests to be fulfilled first and which to be obtained at the cost of . Discussion in this r