商务谈判资料整理

Business NegotiationChapter 1 The Nature of Negotiation1.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 eachcan get.⏹It is a science as well as an art.2.ConflictDefinition: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 data3.The dual concerns model4.Strategies for conflict management （参见书本）Contending（争先的）/competing/dominating strategyYielding（屈从的，让步的）/accommodating（肯通融的）/obliging strategyInaction strategyProblem-solving/collaborating/integrating strategyCompromising strategy5.Sources of powera. 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 thecontrol of resources that could rewardc. legitimate power: The negotiator may have considerable power as a result of the position he orshe holds.d. personal power: The negotiator may have considerable power because of his special charisma.（魅力）6. Competitive interdependenceThe more one party gains, the more the other loses. Or if one party achieves its goal, the other’s goal attainment is blocked. ——distributive bargaining7.promotive interdependenceone party’s goal achievement helps th e other to achieve its goal.8.Distributive bargainingDistributive 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 bargainingIntegrative 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 negotiatorsa.Create as much value as possible for both sidesb.Claim as much value as possible for their own interests11.Preconditions for integrative bargainingIntegrative 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 bargaininga.Sharing interestb.Creating and claiming valuec.Mutual-gain objective (expand the pie)d.Valuing a long-term relationship with the other party13.Two Integrative Negotiation Processesa.The Categorization methodb.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—notcompatible, 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 exchangeissue.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 tolearn the other side’s unde rlying interests.15.Key to Successful Integrative Negotiation （了解）a.Some common objective or goalb.Willing participation of both partiesc.Faith in one’s own problem-solving abilityd.Belief in the validity of the other’s positione.Recognition of the relationshipf.Collaborative atmosphereg.Clear and accurate communicationh.Packaging the issues (combine several issues into one proposal that provides something ofvalue to each party16.Interest-based bargaining （了解）Principles:Sharing of informationWillingness to forgo power or leverageBrainstorming to create optionsFocusing on issues, not personalitiesLeaving past issues behindExpressing interests, not positionsBoth parties committing to IBBLimitations: May waste a lot of timeMay have difficulty transferring a proposed option into a practical, concrete solutionThe standards suggested by IBB negotiators are often not precise and are subjective.17.The PRAM ModelP: preparation planningR: relationship-buildingA: agreementM: maintaining relationsChapter 2: Negotiation Planning1.5Ps in planning2.Possibility analysisA. Macro analysisa) political and legal environment(e.g. political stability, laws and regulation andbilateral 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 theproduct and its substitute)d) cost-profit analysislowest price=(TFC+AVC×Q1)/Q1optimal price=(TFC+AVC×Q1)×(1+i)/Q1opening offer=optimal price + estimated concessionQ= current production capacityTFC=total fixed costAVC=average variable costi=average profit rateQ1=the buying quantitye) Technological analysis ( e.g. development trend of the technology, the technicalparameters)B. Micro analysisa) analysis of yourselfi) identify your interests and needs and set your BATNA ( best alternative to negotiatedagreement)ii) analyze your strengths and weaknessiii) identify the issues to be negotiated and set the prioritiesiv) develop your support argumentsv) determine your overall negotiating strategyLevel I: essential issueLevel II: important issueLevel III: desirable issueLevel IV: throwaway issueb) analysis of your counterparti) identify your counterpart’s objectives, interests and its BATNAii) analyze its strengths and weaknessesiii) identify the issues it would like to negotiate and guess the prioritiesiv) guess the strategy and tactics likely to be used3.People choosingA balance of skills and strengths among team members4.Plan settingA project plan should include1) the basic objective of the negotiation2) 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 strengthand weaknesses of the two sides)4) team members and their respective duties5) the agenda and venue6) the strategy to be used and its alternatives7) cost budgetUnit 31.Bargaining range/ settlement range—the spread between the resistance points2.Bracketing—the logical bargaining process of moving toward a middle point between the openingoffers or brackets.3.CONCESSION PATTERNSUnit 4The Function of Listening⏹Get information⏹Show you are interested⏹Show your respect to the speaker⏹Encourage the speaker to say moreUnit 5Major Team Styles⏹Consensus⏹Cowboys⏹Platoon⏹Divide and conquer⏹Jekyll and hyde⏹Hierarchical⏹Horizontal⏹DepartmentalConsensus –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⏹IndulgentAggressive—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 allof 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 demandsTerms1.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modity Inspection Bureau 商检局36.Certificate 商检书37.Settle a claim 理赔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 NegotiationIntercultural NegotiationInvolves 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 systemAmerican 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 detailedJapanese 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 flexibleBritish Negotiation Style⏹Establishing rapport—deliberate, formal, class conscious⏹Communication—calm and meticulous⏹Decision-making—top management⏹Time—well-planned and punctual⏹Contract—formal and detailedFrench Negotiation Style⏹Establishing rapport-placing high value for personal relationship⏹Communication-small talk, business talk⏹Decision-making- top management-----WORD格式--可编辑--专业资料-----⏹Time-working hard, playing hard⏹Contract-general, prone to changeGerman 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 detailedChinese 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--完整版学习资料分享----。