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
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国际商务谈判英文版PPT-11 . Dispute resolution
• Firms which are locked in serious post-contra ctual disputes often resort to formal dispute-res olution remedies, that is, litigation, arbitration, mediation
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:
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
11-11
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.
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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.
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
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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。
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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
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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。
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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。
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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
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.
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.
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.
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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