商务谈判资料整理

Business Negotiation

Chapter 1 The Nature of Negotiation

1.Characteristics of negotiation

?It is a process of give and take.

?It is a process of conflict and cooperation.

?Each party has its bottom lines.

?Each party’s bargaining power as well as its negotiatin g skills decide the size of the pie each

can get.

?It is a science as well as an art.

2.Conflict

Definition:the interaction of interdependent people who perceived incompatible goals and interference from each other in achieving those goals.

Types:Conflict in interests; Conflict in structure;

Conflict in values; Conflict in relations; Conflict in data

3.The dual concerns model

4.Strategies for conflict management （参见书本）

Contending（争先的）/competing/dominating strategy

Yielding（屈从的，让步的）/accommodating（肯通融的）/obliging strategy

Inaction strategy

Problem-solving/collaborating/integrating strategy

Compromising strategy

5.Sources of power

a. expert power：A negotiator could have considerable power through the control of information

了解

b. reward power: resource control The negotiator can have considerable power through the

control of resources that could reward

c. legitimate power: The negotiator may have considerable power as a result of the position he or

she holds.

d. personal power: The negotiator may have considerable power because of his special charisma.

（魅力）

6. Competitive interdependence

The more one party gains, the more the other loses. Or if one party achieves its goal, the other’s goal attainment is blocked. ——distributive bargaining

7.promotive interdependence

one party’s goal achievement helps th e other to achieve its goal.

8.Distributive bargaining

Distributive bargaining is often defined as a win-lose approach to bargaining. In distributive bargaining, the goals of one party and the attainment of those goals are in fundamental and direct conflict with the goals of the other party. One party’s gain is at the expense of the other.

9.Integrative bargaining

Integrative bargaining is often defined as a win-win approach to negotiation. In integrative bargaining, the goals of the parties are not mutually exclusive. If one side pursues its goals, that does not necessarily preclude the other from achieving its goals. One party’s gain it not necessarily at the other party’s expense.

10.Goals for integrative negotiators

a.Create as much value as possible for both sides

b.Claim as much value as possible for their own interests

11.Preconditions for integrative bargaining

Integrative bargaining generally requires the existence of several issues to be negotiated, which enable the negotiators to find common ground on some issues, trade-off positions on some issues and distributive bargaining on some issues.

12.Key elements of the integrative bargaining

a.Sharing interest

b.Creating and claiming value

c.Mutual-gain objective (expand the pie)

d.Valuing a long-term relationship with the other party

13.Two Integrative Negotiation Processes

a.The Categorization method

b.Interest-based bargaining (IBB)

14.Categorization Method （definition, 5 steps, limitations）

Definition: It is one of the two integrative bargaining processes. Negotiators divide all the issues to be negotiated into 3 categories, i.e. compatible issues, exchange issues and distributive issues and then discuss each of them. For the sake of learning the integrative technique, we present this process as a linear process. However, in reality, negotiators may not utilize a linear model, but may choose to follow a process that best meets their needs in a given situation.

Step 1: Exchange information and identify all of the issues to be negotiated. Each side explains its interests and concerns on the issues.

Step 2 : Develop a common list of all issues that were discussed by either side during the first step and seek to classify each issue as 1) compatible（兼容的）—similar interests; 2)

exchange—approximately equal value, which may be traded; or 3) distributive—not

compatible, cannot be traded, and therefore whose value must be distributed.

Step 3: Reach final agreement on each of the compatible issues and remove them from further negotiation.

Step 4: Trade or exchange issues of approximately equal value—in some cases including several issues in a single exchange.

Step 5: Resolve any remaining issues—often accomplished through distributive bargaining on each separate issue.

Limitations:

a.Novice（新手）negotiators are unable to look for and recognize the compatible and exchange

issue.

b.It is difficult to perceive the balance of power.

c.Due to the negotiator’s overconfidence in their knowledge of the other party, they fail to

learn the other side’s unde rlying interests.

15.Key to Successful Integrative Negotiation （了解）

a.Some common objective or goal

b.Willing participation of both parties

c.Faith in one’s own problem-solving ability

d.Belief in the validity of the other’s position

e.Recognition of the relationship

f.Collaborative atmosphere

g.Clear and accurate communication

h.Packaging the issues (combine several issues into one proposal that provides something of

value to each party

16.Interest-based bargaining （了解）

Principles:Sharing of information

Willingness to forgo power or leverage

Brainstorming to create options

Focusing on issues, not personalities

Leaving past issues behind

Expressing interests, not positions

Both parties committing to IBB

Limitations: May waste a lot of time

May have difficulty transferring a proposed option into a practical, concrete solution

The standards suggested by IBB negotiators are often not precise and are subjective.

17.The PRAM Model

P: preparation planning

R: relationship-building

A: agreement

M: maintaining relations

Chapter 2: Negotiation Planning

1.5Ps in planning

2.Possibility analysis

A. Macro analysis

a) political and legal environment(e.g. political stability, laws and regulation and

bilateral relations)

b) socio-cultural environment ( e.g. religious belief, cultural values and social customs)

c) market situation ( history of the market, current supply and demand situation of the

product and its substitute)

d) cost-profit analysis

lowest price=(TFC+AVC×Q1)/Q1

optimal price=(TFC+AVC×Q1)×(1+i)/Q1

opening offer=optimal price + estimated concession

Q= current production capacity

TFC=total fixed cost

AVC=average variable cost

i=average profit rate

Q1=the buying quantity

e) Technological analysis ( e.g. development trend of the technology, the technical

parameters)

B. Micro analysis

a) analysis of yourself

i) identify your interests and needs and set your BATNA ( best alternative to negotiated

agreement)

ii) analyze your strengths and weakness

iii) identify the issues to be negotiated and set the priorities

iv) develop your support arguments

v) determine your overall negotiating strategy

Level I: essential issue

Level II: important issue

Level III: desirable issue

Level IV: throwaway issue

b) analysis of your counterpart

i) identify your counterpart’s objectives, interests and its BATNA

ii) analyze its strengths and weaknesses

iii) identify the issues it would like to negotiate and guess the priorities

iv) guess the strategy and tactics likely to be used

3.People choosing

A balance of skills and strengths among team members

4.Plan setting

A project plan should include

1) the basic objective of the negotiation

2) major trade terms and the negotiation targets ( highest, expected and lowest)

3) an evaluation of your own position as well as that of your counterpart ( the strength

and weaknesses of the two sides)

4) team members and their respective duties

5) the agenda and venue

6) the strategy to be used and its alternatives

7) cost budget

Unit 3

1.Bargaining range/ settlement range—the spread between the resistance points

2.Bracketing—the logical bargaining process of moving toward a middle point between the opening

offers or brackets.

3.CONCESSION PATTERNS

Unit 4

The Function of Listening

?Get information

?Show you are interested

?Show your respect to the speaker

?Encourage the speaker to say more

Unit 5

Major Team Styles

?Consensus

?Cowboys

?Platoon

?Divide and conquer

?Jekyll and hyde

?Hierarchical

?Horizontal

?Departmental

Consensus –It is a style which disperses authority and responsibility. Decision is made by the group and the CN may be hidden and only acts as a moderator of internal discussion.

Cowboys—Team member work on their own for extended periods but they understand the limits of their authority and the extent of their responsibility. They converge for group strategy but disperse for individual tactical implementation.

Platoon—The negotiating team is divided into subteams whose leaders are responsible to the CN. Team leaders control the work of their subordinates and focus on the team’s independent goals. This style is very useful when large numbers of technical specialists must be brought along for negotiations. Divide and conquer—this is a style in which one party tries to turn members of the opposition against each other. The method is to call for isolation of one or more members of the other team in order to solicit information and then use the information to undermine a proposal or it by be boldly stated at a session and attributed directly to the wayward counterpart.

Jekyll and hyde—It is a style which is also called “good cop, bad cop”. That is to say one team member takes a hard-line approach to negotiate while the other pretends to act on behalf of the opposition.

Hierarchical—In this style, power and responsibility focus on one person , the CN. Decision making is centralized.

Horizontal—this style disperses authority and responsibility without CN”s oversight.

Each small team negotiates its own part(s) of the contract as a separate entity. This style is used primarily by very large international corporations that plan to farm out parts of a contract to various subsidiaries.

Departmental—It is style like horizontal style but maintain the basic company structure, subdivisions and central authority. The teams are specialty-based, which can only negotiate within narrow ranges, but they force their counterparts to reveal the entirety of their proposal for later dissection of another department. The CN has the option of overseeing the negotiations from a remote location.

Major Personal Styles

?Aggressive

?Compliant

?Passive

?Impassive

?Intimidating

?Technical

?Financial

?Legalistic

?Secretive

?Deceptive

?Exploitive

?Stubborn

?Ambivalent

?Pragmatic

?Brinkmanship

?Arrogant

?Self-righteous

?overwhelming

?Fleeting

?Stern

?Social

?Theft

?Indulgent

Aggressive—treat its opponent arrogantly with little regard for their positions and make no concessions. It is used when discussing some supposedly non-negotiable points. It is best used as a temporary negotiating tactic, not as an overall strategy.

Compliant—keep major points off of the agenda until later in the negotiations and make concessions in many minor points early in negotiations in order to draw the counterpart farther into the process. When the counterparts believe they will continue to receive concessions, the compliant side begins to ask for “payback”. This style can be very effective when used by hosts who can exercise strict control of the agenda. Complaint negotiators are the archenemies of counterpart aggressors.

Passive—the passive side presents nothing and simply nods early in negotiations in order to convince the opposition to put all

of their cards on the table in the belief that everything is mutually acceptable. Once all has been revealed, the previously passive negotiators start choosing the points beneficial to them and re-discussing those they find unacceptable.

Impassive—pretend to be indifferent to either winning or losing on any particular point. Impassive buyer causes the opposition to go to extreme lengths to please. Sellers can use this style when facing buyers who are short on research.

Intimidating—instill fear in opponents and make them believe that if they don’t concede, they might be excluded from a market or a particular money-making business.

Technical—center on the data of the product or service under discussion and wear the opposition down by the onslaught of technical details. This style can also be used to thwart the opposition’s attempts to downplay or overplay the monetary value of the technology. This style is often used in joint venture negotiation.

Financial—talk in terms of money at every juncture of the agenda. All points of discussion must be made compatible with the bottom-line. If a subject can’t be shown to contribute to profit, counterparts are asked why they’re wasting time talking about it. It is often used as part of an overall buying/investment strategy. It is often used to put bogged down discussion back on track. Legalistic—remind all participants of their responsibilities and potential benefits under local and international law.

Secretive—demand that the discussions be kept secret in order to keep counterparts from seeking outside assistance or information once negotiations begin.

Deceptive—mislead your counterparts and shield your real intent. It is effective only when the intent of the negotiations is short-termed and does not focus on contract signing.

Exploitive—capitalize on the weakness of your opponents. This style involves a careful study of counterparts before and during discussions.

Stubborn—insist on a supposedly non-negotiable. It is often used to distract counterparts from true motives.

Ambivalent—it is often a result of character default. Ambivalent negotiators are forced to review subject matter again and again without reaching a conclusion.

Pragmatic—force counterparts to review their proposals purely from a practical standpoint.

It is often used as a tactical style to get negotiations back o track. This style demands extensive research and a complete, well-thought plan that can be laid out in some detail early in the negotiations. Brinkmanship—issue ultimatums on specific points. This style can only be used effectively by a powerful opponent, most likely in a host-buying position.

Arrogant—it is an unconscious style of the negotiator. The arrogant side behave in an arrogant manner regardless of its opponents position or attitude. There are two main causes of arrogant behavior. One is a feeling of inferiority on your part. The other is not understanding that your counterpart is being made to feel inferior.

Self-righteous—show a sense of altruism and wish to relate a human right, religious, environmental, or political issue to commercial negotiations.

Overwhelming—dazzle your opposition by your well organization and acuteness. Fleeting—move negotiations along at a brisk pace when dealing with inexperienced opponents. Stern—control sessions with sheer discipline.

Unlike impassivity, motives and techniques are made plain from the start. Stern negotiators get down to business and have almost no social activity. This style can be very effective in controlling the content and pace of sessions.

Social—use some social activity to sway counterparts. It can be used to tire out already weary opponents or to distract them from concentrating on commerce in the hope that they’ll reveal information or dissention within their own ranks.

Theft—theft can take many forms and is used during negotiations to undermine or neutralize a counterpart’s position. Phone lines are tapped, faxes intercepted, conversations eavesdropped on and files rifled. Laptop computer left in rooms during social events are downloaded or even stolen. Indulgent—it involves an extremely long-term view. The indulgent negotiators indulge their opponents with an eye to future large deals. So initial deals are negotiated and setup by sellers so that buyer/investors are successful, perhaps beyond their original hopes. Secondary oven tertiary, negotiations have the same result, with the counterpart being brought farther into the net each time. Once they are sufficiently committed, the seller can change style and start making demands

Terms

1.Licensing技术转让

2.Licensing agreement 技术转让协议

3.Licensor 技术转让方Licensee 技术受让方

4.Exclusive license 独占许可

5.Sole license 排他许可

6.Simple license 普通许可

7.Cross license交叉许可

8.Sub-license分许可（license can transfer the technology to another party）

9.Technical supervision 技术监督

10.Royalty—(usually royalties) 版税

11. A lump sum payment 一次付清

12.Initial payment 技术入门费

13.Sliding scale royalty按滑动费率支付专利权税

14.Know-how 专有技术

15.Collection 托收

16.Trademark 商标

17.Patent 专利

18.Inquiry 寻盘

19.Make offer 发盘

20.Acceptance 接盘/承兑

21.Endorsement 背书

22.Time-draft 远期汇票

23.Sight draft 即期汇票

24.D/P Documents against payment 付款交单

25.D/A Documents against acceptance 承兑交单

26.L/C Letter of Credit 信用证

27.L/G Letter of guarantee 保函

28.B/L Bill of lading 提单

29.Remittance 汇付

30.T/T Telegraphic Transfer 电汇

31.Floating price 浮动价格

32.Fixed price 固定价格

33.Pay in installments/installment payments 分期付款

34.Inspection 商检

https://www.360docs.net/doc/3a15722885.html,modity Inspection Bureau 商检局

36.Certificate 商检书

37.Settle a claim 理赔

https://www.360docs.net/doc/3a15722885.html,unch/file a claim 提出索赔

39.Country of origin 原产国

40.Handling 装运

41.Random sample inspection 随机抽样

42.Measurement 包装尺寸

43.Multi-handling 各种各样的装运

44.Rough handling 野蛮装运

45.Shipping mark 唛头

46.FOB 离岸价

47.CFR 成本运费价

48.CIF 到岸价

49.Shipping advice 装运通知

50.Premium 保险费

51.Strike risk 罢工险

52.Packing list 装箱单

53.Consignment 货物，托付物

54.Installment and commissioning 安装和调试

55.In favor of sb 以…为受益人

56.Force majeure 不可抗力

https://www.360docs.net/doc/3a15722885.html,plete plant 成套设备

58.Technical service 技术服务

59.Technical documents 技术资料

60.Arbitration 仲裁

61.Personnel training 人员培训

62.Confirmed and irrevocable 保兑的，不可撤销的

63.Infringement 侵权

64.Pro Form Invoice 形式发票

65.Dispute settlement 争议处理

Chapter 10 Intercultural Business Negotiation

Intercultural Negotiation

Involves discussions of common and conflicting interests between persons of different cultural backgrounds who work to reach an agreement of mutual benefit.

Difficulties in Intercultural Negotiation

?Difference in language

?Difference in value system

?Difference in customs and protocols

?Difference in religion

?Difference in communication

?Difference in perception

?Difference in decision-making

?Difference in legal system

American Negotiation Style

?Establishing rapport—short period;direct to task

?Communication—open, explicit and direct

?Decision-making—top management team

?Time—efficient and tight scheduled

?Contract—complete and detailed

Japanese Negotiation Style

?Establishing rapport—longer period;until harmony

?Communication—implicit and indirect

?Decision-making—team consensus

?Time—punctual but slow decision-making

?Contract—brief and flexible

British Negotiation Style

?Establishing rapport—deliberate, formal, class conscious

?Communication—calm and meticulous

?Decision-making—top management

?Time—well-planned and punctual

?Contract—formal and detailed

French Negotiation Style

?Establishing rapport-placing high value for personal relationship

?Communication-small talk, business talk

?Decision-making- top management

?Time-working hard, playing hard

?Contract-general, prone to change

German Negotiation Style

?Establishing rapport—short period; direct to task

?Communication—explicit, well planned

?Decision-making—top management

?Time—punctual and sticking to agenda and schedule

?Contract—formal and detailed

Chinese negotiating Style

?Establishing rapport– longer period to establish guanxi

?Communication-indirect and implicit discuss family and health

?Decision-making- hierarchical

?Time- not very sensitive to the elapse of time

?Contract-government intervention in economic activities Mexican Negotiation Style

?Establishing rapport—longer period

?Communication—emphasis on relationship and connections

?Decision-making—senior manager

?Time—casual approach to time

?Contract-- unimportant