国际商务谈判：理论、案例分析与实践(第五版)英文版课件Chapter 11
国际商务谈判英文版PPT-11 . Dispute resolution
11.3.1 Post-contractual disputes
• Common reasons for post-contractual disputes to occur have been identified by researchers, includin g
– disputes about costs and prices – conflicting objectives of the partners – lack of contract or commercial management expertise – lack of transparency between supplier and client – mismatch of expectations between the client and the
• Concept and definitions • Types of conflict in negotiations • Importance of speed • Self-help actions • Impact of emotion • Role of third parties • Cultural factors • Intergroup dialogue
• Intergroup dialogue proceeds through a sequence of distinct stages:
国际商务谈判：理论、案例分析与实践(第五版)英文版课件Chapter 5
Third component of CPN----Invent options for mutual gain
There are three reasons hindering people from looking for other solutions:
•Fixed distributive plan: the size of the cake is fixed
Chapter Five
First Component of CPN —Separate People from Problem
•Understand the other party:
•put yourself in their shoes,
•not blame them for your problem; •Control emotion:
Invent creative options: Separate inventing options from evaluating them, Develop several options before looking for a solution Look for mutual gain: Identify shared interests, Look for options that would make the decision easier for them
•Allow the other side to let off steam,
•not react to emotional outbursts; •Strengthen communication:
•listen actively and acknowledge what is being said, •Speak about yourself, not about them, •Avoid trying to score points and debating them as opponents
国际商务谈判：理论、案例分析与实践(第五版)英文版课件Chapter-14
The worst case of information asymmetry may occur when one party intentionally cheat the other party in the negotiation. In law, fraud is deliberate deception to secure unfair or unlawful gain, or to deprive a victim of a legal right.
Interest rate risk
Equity risk
Currency risk,
Commodity risk
Social and cultural factors are those issues that relate to physical and attitudinal changes in populations.
The cost of fraud is very high. The typical organization loses five percent of its annual revenue to fraud, with a median loss of $160,000
Case: One steel plant in Ukraine
One most prominent feature of social and cultural factors is its diversity. Once again these provide opportunities as well as threats or risks for negotiators.
The reasons for that may be because of insufficient funding, or change of the ideas of the management or simply cheat the other party.
国际商法第五版第十一章PPT——ray·august著
Pearson Education, Inc publishing as Prentice Hall © 2009
Incoterms
FCA-Free Carrier – The seller fulfills obligations to deliver by handing over the goods, cleared for export, to a carrier named by the buyer. The risk of loss shifts to the buyer at that time. FCA applies to any type of transport (e.g., maritime, air, rail, or truck). EXW-Ex Works – seller is obliged only to deliver the goods at his/her own place of business.
11-8
Pearson Education, Inc publishing as Prentice Hall © 2009
Phillips v. Tradax
•
To deliver the naphtha to an appropriate carrier with which it had contracted shipment, and • To tender proper documents to Phillips. Phillips was obligated to pay for the naphtha when presented with shipping documents by Tradax, but it refused to take delivery. Held: Buyer had assumed the risk when the goods “passed the rail” and the documents were properly presented. Phillips was liable for the contract price.
国际商务谈判：理论、案例分析与实践(第五版)英文版课件Chapter 2
Step three: determining reservation point
Alternative 1: Value of distribution through home-based company where commission is 7% of sales: 7% × 0.5 = 3.5%
Alternative 2: Value of distribution on the Net where the selling expenses are 4% of sales: 4% × 0.2 = 0.8%
Alternative 3: Value of increasing the distributor’s commission to 10%: 10% × 0.3 = 3% 0.5(7%) + 0.2(4%) + 0.3(10%) = 3.5 + 0.8 + 3.0 = 7.3%
Thus，7.3% is the reservation price. It means the negotiator should not give more than 7.3 % commission for distribution in the overseas market
STRUCTURE OF BUSINESS NEGOTIATION Inquiry
An Economic Recession
Negotiation requirement
•Analyze the interests and the bottom lines •Discuss with your partners which option is a better choice for the labor. •What alternative options both sides will put forward if neither of the option is accepted? •Students are grouped into several teams with four in each team. •Two students represent the labor and the other two represent the management
国际商务谈判：理论、案例分析与实践(第五版)英文版课件chanpter 10
Conclusions about Negotiation from Behavior in the Prisoner’s Dilemma
• The C response is an antecedent of either the goal of coordination or trust
• Further explanation of the point by a similar model between the prisoner’s dilemma matrix and slightly altered strategic choice model
so C response ends up in CC cell, not other cells. • C response is a high risk form of coordinative behavior. It involves a costly concession to the other party without guarantee of reciprocation
S, T’ P, P’
C Party One
D
5, 5 10, -10
-10, 10 -5, -5
(a) schematic form
(b) numerical form
Indication of the labels
• C is the cooperative response • D is the noncooperative (defecting) response • R stands for payoff for mutual cooperation • S stands for payoff by the player who cooperates
国际商务谈判理论、案例分析与实践 PPT
达成最终协议
设计和提出方案
寻求达成协议的替代方案
引入评价方案的标准
估计各自的保留点和底线
11
2.1 确定利益与议题
尽快确定双方 的利益，尤其 00 是潜在的、隐 藏的利益。
议题是谈判需 商议的具体问 题,，是利益 的载体。
利益
议题
抽象
例：某公司招聘职员，招聘要求与 其他公司大同小异，但特别要求有实 践经验。A认为自己的条件具有很强 的竞争力，在面试时，与面试官侃侃 而谈，但当面试官询问他负责的产品 生产情况时，他却知之甚少，而招聘 公司感兴趣的是真正脚踏实地工作的 人。
为避免谈判失败导致双方都无法获益的
情况发生，有能力的谈判者往往会提出
新的、能兼顾双方利益的建设性方案。
16
2.6 达成最终协议
如果新的方案成功地弥补了双
方的差距，则可达成最终的协议并
宣布谈判成功
17
谈判结构
结构
外部 4 • 介绍谈判组成员 • 制定谈判日程
内部
6
• 确定利益与议题
• 设计和提出方案
当谈判双方的方案差 距过大，无法达成一 致意见时，需考虑什 么时候离开谈判桌 （保留点）。
例 在买鞋谈判中，卖家 认为最低240元，而买 家能够承受的最高价 格是230元，因此240 和230是双方谈判的底 线。
15
2.5 寻求达成协议的替代方案
当双方的条件分歧很大而无法 弥合时，并非只有宣布谈判失败。
实质性谈判是谈判最关键的部分，
谈判双方按照达成的谈判日程安
排，就各项议题进行商谈。
9
1.4 谈判总结
谈判总结是谈判的最后 一个阶段，它的重要性在于 通过回顾总结对各项议题达 成的一致意见和仍存在的不 同意见，确认对所达成的协 议已确实不存在疑义。
国际商务谈判：理论、案例分析与实践(第五版)英文版课件Chapter 14
Party A Does not Coordinate
Party Coordinate
Party A’s Profit = 75 Party B’s profit = 75
Total profit = 150
Party A’s Profit = 25 Party B’s profit = 150
The cost of fraud is very high. The typical organization loses five percent of its annual revenue to fraud, with a median loss of $160,000
Case: One steel plant in Ukraine
The negotiation risk is defined as the possibility that negotiators are unable to realize their objectives fully or partly due to the uncertainty occurred in the process of negotiation and in the implementation phases.
Typical examples of information asymmetry are adverse selection and moral hazard.
国际商务谈判英文课件
国际商务谈判英文课件stakes利益: stakes are the value of benefits that may be gained or lost, and the costs that may be incurred or avoided.power能力: is a social phenomenon ,which endows people with control negotiation power谈判力: negotiation power is the ability that one negotiator can make use of to control over and affect the other side’s decision making and to resolve the dispute and attain the target of negotiation.trust信任: trust means increasing your vulnerability to another person whose behavior is not under your control in a situation in which the penalty, lose or deprivation you would suffer if the other person abuses or fails to protect your vulnerability is substantially greater than the benefits, reward or satisfaction you would gain if the other person fulfills or protect your vulnerability.culture文化: culture is also defined as an integrated system of learned behavior patterns that are characteristic of the members of any given society.negotiation produce 谈判程序步骤1. introduction of team member2. negotiation agenda and its arrangement3. formal negotiation4. wrapping upnegotiation produce structure 谈判程序的结构1. determine interests and issues2. design and offer options3. introduce criteria to evaluate options4. estimate reservation points5. explore alternative to agreement6. reach an agreementstructure of business negotiation 贸易谈判的机构inquiry---offer---counteroffer—acceptancetarget level谈判三种目标1. desirable target :is what negotiations wish to attain but in reality ralely reach2. acceptable target :is what negotiation make all efforts to achieve3. bottom target :is what negotiations will defend and safeguard whichall their efforts信息的直接用途：problem solving信息的间接用途：strategic planningwhere to collect information信息的收集渠道1. international organization2. governments3. service organization4. directories and newsletters5. online servicefour cause of unwilling?不愿意做谈判准备的原因？1. lack of sensitivity2. limited cognition3. lack of familiarty4. inactivity and gambling mindfour steps 谈判准备的步骤？1. target decision2. collecting information3. staffing negotiation teams4. choice of negotiation venueswhen is the third party desired?什么时候选择第三方加入谈判？1. power is relatively lower than other counterpart3. negotiation goes impasse and no alternative available4. established norms and standards hinder the processwhen to choose third party’s venue(何时选择第三方谈判地点)：1) first, the two negotiating parties are hostile and antagonistic to each other, or even engaged in a fighting against each other.2) second, negotiation goes into an impasse and no sign of rapprochement, impossible to carry on negotiation in neither party’s place.3) third, a dispute is stirred up when both parties strongly demand to host the negotiation.win-win model 双赢模式1. determine each party’s own interest and needs2. find out the other party’s interests and demands3. discuss the possibilities of making concessionwin—lose model 输赢模式1. determine each party’s own interests and stance2. defend one’s own interests and stance3. discuss the possibilities of making concession1.people: separate the people from problem2.interests: focus on interests but not positions3.gaining: invent options for mutual gain4.criteria: introduce objective criteriahow to tell a criterion is objective 如何客观品评判标准1. independent of wills and free from sentimental influence2. valid and realistic3. at least theoretically accepted by both sideshow to standards for successful negotiation判定谈判成功与否的标准1. satisfy the both valid interests, resolve the conflicts, protect interests2. highly efficient3. improve the relationshipneeds theory 需求理论五种1. physiological needs2. safety needs3. love and belonging needs4. esteem needs5. needs to for self-actualization6. needs to know and understand7. aesthetic needslaw of two level game 双层法规level 1 international level :relationship of interests and chances of success of negotiationno changesuccess possiblesuccess increasinglevel 2 domestic level :win—sets, the sets gain the necessary majority among the constituentsconclusion：the larger win—sets make the more likely an agreement at level 1the smaller win—sets can be a bargaining advantage for a country at level 哪些因素影响谈判力：1. motivation: a party’s power is increasing with decreasing of itsmotivation or the greater a party’s motivation is ,the weaker its relative.2. dependence: a party’s power is diminishing with increasing of itsdependence on the other party3. substitutes: one party’s indepen dence increase and thus its power isstrengthened when there are more substitutes available for considerationhow to stimulate motivation(如何刺激对方的动机)：1.offering inducements2.demonstrating attractiveness3.getting external third party back4.placing a time limithow to increase substitutes(如何增加拟方替代)：1.has alternatives which allow operating without the other party2.absorb the escalating cost of conflict3.can continue despite the other party’s discouraging effects on itssupportersdeterminants affecting a person’s trustful or mistrustful behavior(影响人的信任或不信任行为的决定因素)：1. unchangeable elements: 1) childhood education; 2) professional or special trainingeffect or trust 信任的效应结论trust stimulates intellevtual development and originality, and leads to greater emotional stability and self-control. trust facilitates accepts and open of expression for establishing sound relationship among negotiating team members as well as between negotiating parties. negotiations based conversely, mistrust provokes rejection and defensireness, damages vollaboration in a group with wish high level of mistrust, members signal of mistrust and expect mistrust from others, thusproduce law level of trust.ac model:2. collaborating: sharing information & understanding; enlict finding a creative solution; cooperation; during4. avoiding: skipping meetings; avoid people; withholding information; delaying结论：the more stakes and power, the more assertiveness depends on alignment of interest and relationship; the more mutual interests and the more mutual trust, the more cooperativeness一次囚徒和多次囚徒的结论--one-short prison’s dilemma game rarely leads to cooperation--iterated prison’s dilemma games lead to cooperation and high trust 两分法分类：reward system; relationship; tangible issues; assumptions; strategy usedhow to build a coalition(怎样建立谈判联盟)：1.setting coalition targets：(1) parties who can join;篇二：英文版商务谈判a是中国的卖方，b美国买方;咱们组是a公司成员leader（l）:shi 主谈marketing(m)：zhao lawyer(la)：ruanfinancial(f)：时technicist(t)：金显而易见，我们就是b公司成员：gm：卢(andy)marketing executive：小花legal adviser：孙financial advisor：王大花professional: 康师傅卢: thank you for your warm reception. it will be excited if we can get a satisfactory result . ok, we would like to get the ball rolling（开始）by talking about prices.m: shoot.（洗耳恭听）id be happy to answer any questions you may have. 曌: your products are very good. but im a littleworried about the prices youre offering. m: you think we about be asking for more?曌: thats not exactly what i had in mind. i know your research costs are high, but what id like is a 25% discount.m: that seems to be a little high, miss. sweet. i dont know how we can make a profit with those numbers.曌: well, if we promise future business-volume sales（大笔交易）-that will slash your costs（大量减低成本）for making the products, right?m: yes, but its hard to see how you can place such large orders. wed need a guarantee of future business, not just a promise.曌: we said we wanted 1000 pieces over a six-month period. what if we place orders for twelve months with a guarantee?m: if you can guarantee that on paper, i think we can discuss this further. 卢: what’s about having a rest now? good rest, good spirit!ten minutes laterf: miss. sweet, we have considered you advice carefully. but even with volume sales, our coats for the products wont go down much.曌: just what are you proposing?王: thats a big change from 25! 10 is beyond my negotiating limit. any other ideas? f: i dont think i can change it right now. why dont we talk again tomorrow?王：sure. i don’t think our capital can allow we to make a deal in this price and this numbers.next daym：yeah, i hope so! and i hope we can make a concession to reach somemiddle ground.曌：i understand. we propose a structured deal（阶段式和约）. for the first six months, we get a discount of 20%, and the next six months we get 15%.曌：then youll have to think of something betterm：how about 15% the first six months, and the second six months at 12%, with a guarantee of 3000 units?曌：thats a lot to sell, with very low profit margins.卢：(smiles) o.k., 17% the first six months, 14% for the second?! l：good. get it.康：how long is the quality guarantee period?t：2 years general. and we can guarantee that the quality is better.t：we can guarantee that our quality is one of the best in the world. we have the advanced research and development ability. whereas this is our first cooperation, we can extend it to 3 years.康: that’s good! thank you！la：for it is the first time for us to do business. it will be better having a good way to discover the disputes may appear between us.孙：sounds good! as the practices, we usually resolve the disputes with our partners visa arbitration.曌：wed like you to execute the first order by the 31st.m：ok， let me run through this again: the first shipment for 1000units, to be delivered in 27 days, by 31st june. the second shipment for 2000 units, to be delivered by 20 august 卢：fine , this deal promises big returns（赚大钱）for both sides. lets hope its the beginning of a long and prosperous relationship.l：yes ,through two days negotiation i argue that we havereached a win-win result and we are very pleased to cooperate with you for a long time.卢：that’s true! what’s the good time for us to sign the contract.m: as our arrangement. you would have a visit to the shaolin temple, over there you will learn the nature of chinese-kung fu. then we can sign the contract tomorrow morning!卢: wonderful! it’s can not be better more篇三：国际商务谈判课件国际商务谈判1谈判就是为达成协议，参与各方当事人通过信息交流与沟通，相互提出要求、互相让步与妥协的行为过程。
商务谈判的理论篇(英文版)PPT(共36页)
1. Invitation to Offer
---Inquiry: initiate a potential transaction
From a buyer: Please quote the lowest price of CFR Singapore for 1000 boxes of large size Maxam Dental Cream at the earliest delivery.
From a seller: We can supply Flying Pigeon brand bicycles with shipment in May. Please fax us if you are interested.
Please advise…/ please fax advice… Interested in… please… Please quote…/ please offer… We can supply…
In reply, we would like to offer, subjects to your reply reaching us before the end of this month, the following:
20’ Men’s style @US$25 per set …
Payment term: By L/C at sight to be opened through a bank to be approved by us.
Shipment: October/November 1998, provided the covering L/C reaches us by the end of this month.
The above prices are understood to be on CIF Cairo basis net. Please note that we do not allow any commission on our bicycles, but a discount of 5% may be allowed if the quantity for each specification is more than 1,000 sets.
国际商务谈判：理论、案例分析与实践(第五版)英文版课件chapter 1
the theories
• Negotiation practices: simulations, team work, group
discussion, Q&A, negotiation competition
பைடு நூலகம்
NEGOTIATION
A process of communication; to manage conflicts; to come to an agreement, solve a problem or make arrangements
CONFLICTS
A dispute, disagreement, argument between interdependent parties who have different & common interests; Conflicts block people’s ability to satisfy their interests
Mr Zhang: a car for travelling His wife: a new flat His son: financial support for studying abroad
Question for consideration: how to distribute the limited deposit
Unlimited Demand of Humanbeing
Limited
Natural Resources
Economical
Negotiating
Fighting
国际商务谈判：理论、案例分析与实践(第五版)英文版课件Chapter 6
Personal Interests vs Personal, Organizational
Organizational Interests vs National Interests
Personal interests frequently in line with organizational interests because realization of personal interests depends on organizations
Chapter Six
Introduction Case
Sam’s company is negotiating with Johnson’s on the acquisition by the latter. However several months have passed, nothing came out because Sam, the general manager refuses the price Johnson’s has to pay for buying his company.
Contradiction of personal interests and organizations when personal interests prevail that of the organizations
Personal interests in line with national interest when representing nation in international affa Negotiation on Semiconductor
American charges Japanese chip-makers dumping semiconductors in the US market
国际商务谈判：理论、案例分析与实践(第五版)中文版课件第1章
冲突的当事方是相 互依赖的,也就是说, 冲突的双方之间由 于利益的原因存在 着某种关系,这种关 系将双方连接成利 益相关的整体。
冲突的当事人之
间既存在着不同 利益,又存在着共 同利益。
冲突各方自然要为
实现自己的利益而 努力,同时阻止对方 实现其利益,结果将 降低双方获利的能 力,减少双方实际获 得的利益。
由于政治、经济、 体制、自然条件、 社会条件、管理 经验、财务状况、 人才条件、生产 能力等方方面面 的因素,参与谈判 的各方的实力有 着或大或小的差 异,这是客观事实
冲突
冲突又被称作对抗、争执或不同意 见。冲突发生在两个或更多的既有 不同利益又有共同利益的相互依赖 的当事人之间。冲突可以削弱双方 获取利益的能力。
谈判
谈判是双方为解决冲突而进行 沟通的过程,目的是使双方达 成一项协议、解决一个问题或 做出某种安排
谈判应当是在 双方共同让步 的基础上达成 协议,谈判中的 给予与获取是 共同的,单方面 的让步和妥协 不是真正意义 上的谈判
双方利益的冲 突导致谈判的 发生,然而如果 没有谈判双方 的合作,谈判就 不可能顺利地 进行并取得满 意的结果
第一章
谈判动机与关键词语
导入案例
人物: 张先生：中学老 师 妻子：小学老师 儿子：大学毕业， 在申请出国留学
问题焦点: 张家有120,000 元存款，应如何使用这 笔存款
张先生：购买车辆，旅 游 妻子：一套新房 儿子：出国留学费用
人类无限 的需求
有限的 自然资源
经济的
政治的
宗教的
冲突
文化的
争谈 斗判
国际商务谈判
本书要点
• 谈判的基本理论: 谈判动机、 谈判结构、
双赢理念、 合作原则谈判法、 利益分配法则、 谈判力、 信任法则、 博弈论在谈判中的应用、 谈判者个性与谈判模式、 文化模式与谈判模式
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Negotiation Simulation
Used Car Seller
Ralph’s Manual of used car prices
Requirement for negotiation:
Read buyer and seller’s part in the book respectively;
Chapter Eleven
Distributive VS Integrative Types of Negotiation
Negotiations can be categorized into two types by how people looking at the results of negotiations: the distributive, representing winlose result and the integrative, representing win-win result.
analysis.
Case Study Sarah Meets WalMart
(1) What is the most important point for Sarah’s success dealing with WalMart? (2) How did Sarah turned a distributive negotiation into an integrative negotiation? (3) Why did Sarah suggest that “Trying to bluff Walmart buyers is never a good idea”? (4) Why did Sarah suggest that “Try not to let Walmart become more than 20% of your company’s business”? (5) Why is it important to “go into a meeting with a clear negotiation agenda”?
First offer
Bottom line
First offer
150 Buyer
180 170
Zone of possible agreement 10
200 Seller
Integrative Negotiation
The word integrative by concept implies some cooperation, or a joining of forces to achieve something together. Integrative negotiation usually involves a higher degree of trust and a forming of a relationship.
Win or lose?
Win Win?
Distributive Negotiations
Win
Lose
•Relationship: simple and secondary •Issues: simple and tangible •Reward system: win or lose •Assumptions: only present interests
Integrative Negotiation Basics
Multiple Issues Information sharing Problem Solving Bridge Building
Strategies for Integrative Negotiation
Gain first hand information Play Fair Present Multiple Offers Third Party Assistance
Variable cost + fixed costs = cost of product + profit margin = selling price
Profit
Negotiations on Price
Price Zone
Buyer’s negotiation zone
Seller’s negotiation zone
Strategy used
To reduce other’s resistance to making of concession To reduce other’s estimation that you will concede To exploit other’s trust, low skill and inexperience To exploit information asymmetry
• marketing and distribution costs – cost of running the marketing operation (including the sales force), provision for retailer support
Equation of cost structure
Discuss with your partner your negotiation strategy, including your first offer, bottom line, and the zone of possible agreement
Case Study
How did the buyer find out the price of the equipment was over valued? Point out those factors which make it possible for the buyer to make the cost
Price Negotiation and Cost Analysis
• Two basic cost functions • variable costs: raw materials
and labor • Fixed costs: supplier has to
bear irrespective of whether it manufactures anything or not, such as rent, rates, ed Cost Elements
• planning and production expenses – expenditures on plant and equipment, and such administrative costs as salaries, insurance, depreciation and interest on overdrafts