negotiation
DefinitionofNegotiation谈判的定义
Definition of Negotiation谈判的定义Negotiating is part of everyday life. You negotiate far more than you realize. In a business or an administrative position, you do so when you’re dependent upon others for getting your ideas accepted, your goals accomplished or your problems solved. You also negotiate on how tasks, rights and responsibilities, resources and risks, and monetary gains and losses should be assigned or divided up.Negotiation is a cooperative undertaking, in which you and the opposing party attempt constructively to find solutions that satisfy both your needs. Successful cooperation results in solutions that are more cost-effective and involve less risk. The needs of others and the needs of the environment are more likely to be given consideration.Negotiator of Two Extremes两种极端的谈判者We not only negotiate to solve problems, but also how to divide up responsibilities and work, as well as the distribution of costs, risks, profits and gains. Accomplishing this successfully places special demands on you as a negotiator. You need to be businesslike. This requires your finding a happy balance between two extreme behaviors, that of being na’i’ve, and that of being greedy.A na’i’ve negotiator gives away too many advantages and too much potential profi t. He accepts too much of the work and responsibility, and too many of the risks. Thus, a na’i’ve negotiator is expensive for the organization. He is easily taken advantage of. Even the parties he negotiates for many have little trust in him.A greedy negotiator wants to get everything without being willing to give. He is unable to accept the idea of the other party gaining anything. He wants to threat the other party and defeat it. A greedy negotiator is also expensive for the organization. No one wants to deal with him. People avoid him if they can. Those he has victimized are likely to seek revenge. A greedy negotiator, just like the na’i’ve one, fails to gain trust and support.Dynamics of Negotiation谈判的潜在力量The negotiation process is about power, ego, and saving face.Power: At the core, every negotiation is a power struggle, no matter how small. It is one side’s attempt at primacy over the other side’s point of view or position. And, no one ever wants to feel powerless. Even police hostage negotiators know as a first tactic to create the illusion of power or control in the mind of the hostage-taker. If he feels powerless, the situation could erupt. The same is true in even more calm surroundings. In a broad sense, people have power when they have the ability to bring about outcomes they desire or the ability to get things done the way they want them to be done. However, a person could also be described asshavingsinfluence, being persuasive, or being a leader.Ego: Ego also drives many negotiations and lies at the heart of many disputes. Negotiators of all shapes, and sizes, and levels of sophistication have enormous amounts of ego invested in their proposals. Also, people like winning, however they might define it. To lose is a blow to the ego, and no one wants that. Negotiations grow more difficult the more the negotiators are owed to their proposals, to their way of seeing the world.Saving Face: Also tied up in ego and power is the concept of saving face. No one wants be taken advantage of at the end of the day, both parties must be able to save face. The morehigh-level the dispute, the harder this is, which is one reason why mediators attempt toinstitute“media blackouts”in very public cases. The greatest decisions are made when no more than two people are in a room. Even mediators must sometimes clear out and let the parties talk directly to one another, because they’ve been busy posturing for the mediator as well. They need to save face even with the mediator.As a negotiator, it is very easy to become caught up in your own point of views and to grow increasingly averse to the point of views of your counterpart. This is natural because you are an advocate after all. In difficult or prolonged negotiationsswherespersonalities clash, it is easy for each negotiator to want unconditional surrender from the other. However, the best negotiators understand that it is their job to make sure their counterpart saves face. You need to give your counterparta“back door,”a way out, a way to claim even partial victory. If you do, it makes it easier to reach a deal on your terms, which, presumably, is your goal.Key Elements of Negotiation谈判的关键要素TrustMany researchers have explored trust in negotiation. As one might expect, the research has generally shown that higher levels of trust make negotiation easier, while lower levels of trust make negotiation more difficult. Similarly, integrative processes tend to increase trust, while more competitive processes are likely to decrease trust.There is a three-stage developmental mode of trust: calculus-based trust, knowledge-based trust, and identify-cationbased trust.Calculus-based Trust. Calculus-based trust has to do with assuring consistency of behavior: It holds that individuals will do that they say because (a) they are rewarded for keeping their word and preserving the relationship with others, or (b) they fear the consequences of not doing what they say. Trust is sustained to the degree that the punishment for not trusting is clear, possible, and likely to occur. Thus, the threat of punishment is likely to be a more significant motivator than the promise of reward.How to Increase Calculus-based Trust1. Create and meet the other party’s expectation. Be clear about what you intend to do and then do what you say.2. Stress the benefits of creating mutual trust. Point out the benefits that can be gained for the other, or both parties, by maintaining such trust.3. Establish credibility. Make sure your statements are honest and accurate. Be believable.4. Keep promises. Make a commitment and then follow through on it.5. Develop a good reputation. Help others believe that you are someone who has a reputation for being trusted and acting trustworthily.Knowledge-based Trust. The second form of trust, knowledge-based trust, is grounded in knowing the other sufficiently well so that you can anticipate and predict his or her behavior. Knowledge-based trust relies on information about the other rather than the management of rewardsand punishment. It develops over time, largely because the parties develop a history of experience with each other that allows them to predict the other, which contributes to trust. The better you know the other party, the more accurately you can predict what he or she will do.Consider the example of two friends who agree to meet at a restaurant at 6 p.m. Alan fails to show up until 6∶30 and Beth is kept waiting. To the degree that their friendship is based simply on calculus-based trust, Beth will be angry at the high costs s he must incur for being“stood up.”She might be upset at Alan’s unreliability, and may be angry enough to terminate the relationship. If they are operating more on knowledge-based trust, however, Beth will tolerate Alan’s behavior to the degree that she can muster some adequate explanation for his behavior-“He must have gotten stuck at work,”or“He is always running behind and that doesn’t bother me because I know he will get here eventually.”How to Increase Knowledge-based Trust1. Have frequent interaction with the other. Meet often. Get to know the other and tell him or her about yourself.2. Build familiarity with the other. See him or her in a variety of situations and context. Learn each other’s thoughts and reactions, likes and dislikes, reasons for doing what you do.3. Be predictable. Help the other understand how you will respond to certain situation, and then act in that manner.Identification-based Trust. The third type of trust is based on identification with the other’s desires and intentions. At this level, trust exists because the parties effectively understand and appreciate each other’s wants; this mutual understanding is developed to the point that each can effectively act for the other. Identification-based trust thus permits a party to serve as the other’s agent in interpersonal transactions. The other can be confident that his interests will be fully protected, and that no monitoring of the actor is necessary.How to Increase Identification-based Trust1. Develop similar interest. Try to be interested in the same things.2. Develop similar goals and objective. Try to develop similar goals, objective, scenarios for thefuture.3. Act and respond similar to the other. Try to do what you know he or she would do in the same situation.4. Stand for the same principles, values, and so on. Hold similar values and commitments.EmotionsA second factor that plays a significant role in negotiation within long-term relationships is emotions. While emotions can certainly be a factor in market-transaction negotiations - parties express delight at another’s offer, parties express anger and outrage at the other’s tactics - emotion is much more of a critical factor when negotiators have an ongoing relationship.At the negotiating table, you’re likely to encounter surprisingly bad behavior. People take negotiations personally and invest a lot of emotion and energysintosthem. Don’t be surprised if people behave irrat ionally or don’t seem to play by any logical set of rules. The most familiar example of an irrational negotiation emerges in a personal relationship. People have so much invested and so much history with each other that the negotiation is rarely about the purported topic.“So I think California would be a great vacation.”“You would! I think Florida would be much better.”“But California has everything that Florida has - seafood, ocean, sun - and it has the wind region. We could drive down to Mexico, we could go hiking in the mountains-”“It’s not Florida. I like the water in the Atlantic much better than the Pacific.”“The water is just about the same.”“Not true! You just don’t want to go to Florida because I suggested it.”“That’s not true. I just think that California is like Florida plus more stuff. I think it’ll make a better vacation spot.”“I don’t. I guess we have to agree to disagree.”When the negotiation heads down a personal path, you have to find a way to steer it back to theissues at hand without aggravating the personal issues that are already at stake. Again, the use of the question is immensely valuable here. Use questions to open the discussion up.“So I think California would be a great vacation.”“You would! I think Florida would be much better.”“But California has everything that Florida has - seafood, ocean, sun-and it has the wind region. We could drive down to Mexico, we could go hiking the mountains-”“It’s not Florida. I like the water in the Atlantic much better than the Pacific.”“What do you like about the water?”“It’s not as salty.”“You don’t like salty water?”“No, not really.”“What do you want out of a vacation?”“I don’t know, sun, relaxation, some interesting thing to see.”“How about Arizona? It’s warm, there are freshwater streams, there are the desert and Death Valley and all the spots out there.”“Sounds interesting.”By asking questions, one party opens up the discussion and can change the entire negotiating mindset. In emotional situations you have to acknowledge the emotional state of the other party. If you don’t, you are going to runsintosthe illogical negotiator problem, which almost always leads to the end of discussion.Emotions shouldn’t be simply dismissed - after all, even the person you’re negotiating with is human. Take his feelingssintosconsideration. Behave as if you want to make him comfortable. By thinking about the things that drive you crazy, you can avoid driving him crazy. Before you walksintosthat room, think of all the things people have asked you to stop doing, from picking yournose to whistling in an elevator, and make sure you don’t do then during the negotiation.Negotiations create both positive and negative emotions. As we noted above, both the negotiation process and the outcomes create positive and negative feelings. Positive emotions can result from being attracted to the other party, feeling good about the development of the negotiation process and the progress that the parties are making, or liking the results that the negotiations have produced. Thus, a cognitive assessment of a“good outcome”leads parties to feel happy and satisfied. Conversely, negative emotions can result from being turned off by the other party, feeling bad about the development of the negotiation process and the progress being made, or disliking the results.JusticeThe third key element in negotiation is the question of what is fair or just. Justice has been a major issue in the organizational sciences; individuals in organizations are often debating whether their pay is fair, or whether they are being fairly treated, or whether the organization might be treating somesgroupsof people like women, minorities, or people from other cultures in an unfair manner.Many negotiations will also require a negotiation about which fairness principles should apply to a particular situation. For example, two boys have agreed to paint a neighbor’s garage together and to split the money they get paid. One boy winds up doing about two-thirds of the work. The boy who worked harder will probably argue that he should receive two-thirds of the money; the boy who worked less hard may argue that their initial agreement was to split their pay evenly, and that the rule should not be changed. Many negotiations over the tough issues described above focus on which outcome-distribution rules should apply in a given situation.Summary总结Negotiation is a cooperative undertaking, in which you and the opposing party attempt constructively to find solutions that satisfy both your needs. Power, ego and saving face are the dynamics of negotiation, while trust, emotions and justice are the key elements of negotiation.。
商务英语negotiation
商务英语negotiation一、引言商务英语是在商业活动中使用的英语，它包括商业交流、商务谈判、商务信函、商业演讲等方面的内容。
而商务谈判是商务英语的重要组成部分，它在商业交易中起着举足轻重的作用。
本文将探讨商务英语谈判的一般原则、技巧和注意事项。
二、商务英语谈判的一般原则1. 诚信原则谈判双方应该本着诚实、守信的原则进行谈判，不以欺骗、误导对方为手段。
2. 合作原则在谈判过程中，双方应该本着合作、共赢的原则进行谈判，而不是采取零和博弈的态度。
3. 相互尊重原则在谈判中，双方应该相互尊重，不应该对对方进行人身攻击或侮辱。
4. 互惠原则在商务英语谈判中，双方应该本着互惠互利的原则进行谈判，而不是单方面追求自己的利益。
5. 灵活原则在商务英语谈判中，双方应该本着灵活应变的原则进行谈判，根据实际情况做出相应调整。
6. 求同存异原则在谈判中，双方应该注重求同存异，找到双方共同的利益点，同时尊重对方的差异。
三、商务英语谈判的技巧1. 语言表达技巧在商务英语谈判中，双方应该注意语言的表达技巧，用词准确、表达清晰，避免产生歧义。
2. 逻辑思维技巧在商务英语谈判中，双方应该善于运用逻辑思维，寻找问题的根源，找出解决问题的方法。
3. 沟通技巧在商务英语谈判中，双方应该善于沟通，倾听对方的意见，及时反馈自己的想法，避免双方产生误解。
4. 调控情绪技巧在商务英语谈判中，双方应该注意调控情绪，避免因情绪强烈而导致谈判破裂。
5. 听取建议技巧在商务英语谈判中，双方应该善于听取对方的建议，做出有效回应，寻找双方都能接受的方案。
6. 技术谈判技巧在商务英语谈判中，双方应该善于运用技术手段，比如数据分析、市场调研等，为谈判提供有力支持。
四、商务英语谈判的注意事项1. 准备充分在进入商务英语谈判前，双方都应该对谈判的内容、目标作出充分准备，以应对各种可能的情况。
2. 注意谈判场地商务英语谈判应该选择一个合适的场地，保证谈判的顺利进行。
银行英语口语Negotiation词汇
银行英语口语Negotiation词汇银行口语－Negotiation押汇C: Excuse me, do you provide any trade service here?你们有提供贸易押汇效劳吗？T: Yes, we do. Can I help you, sir?有的，先生。
我能为你效劳吗？C: Yes, I'd like to know how about the services you provide to customers in which credit facilities are not required?我想知道你们提供应客户无须信贷安排的效劳有那些工程？T: Certainly, sir. The services will include export financing; outward bills collection transferable letters of credit, letters of credit advising and confirmation, inward bills collection, trade information and insurance.那当然可以，先生。
效劳范围包括出口贷款，出口单托收，信用证转让，信用证通知及确认，进口单托收，贸易资料及保险效劳。
C: How can I benefit from your export services?那么在出口押汇文件的处理上，我所享有的效劳有？T: Our staff works until 6:00pm each weekday night so that your export documents can be promptly processed. This will greatly help your cash flow. In addition, we can dispatch documents to your counterparty's bank for earlier payment. In turn, will save your transit interest.我们的职员每日能为您效劳到下午6点，确保各出口押汇文件可及时办妥，使你的现金周转更加灵活。
Negotiations国际商务谈判考试重点
Negotiations: a process of communication between parties to manage conflicts in order for them to come to an agreement ,solve a problem or make arrangements. Conflicts: a dispute, disagreement or argument between two or more interdependent parties whodifferent and common interestes.Stakes: the value of benefits that may be gained or lost, and the costs that may be incurred or avoided.Negotiation procedure: 1.introduction of team members 2.negotiation agenda and its arrangement 3. formal negotiation 4. wrapping up.General structure of negotiation:1.determine interests and issues 2.design and offer options 3.introduce criteria to evaluate options 4.estimate reservation points 5.explore alternatives to agreement 6.reach an agreementThe reservation points means the target that negotiators have to achive for assurance of their basic interests.BATNA( best alternative to a negotiated agreement )refers to your last choice between conditions of the other side and the opportunity for other better results.Structure of business negotiations: 1.inquire 2.offer 3.counteroffer 4.acceptanceNegotiation teams: team leaders/professionals/ interpreters/notekeeper/other suggestions for teammembers主谈判人员作用：strong-background knowledge,effective-team spirit,authoritative-decision making(shrewdness, patience, endurance, adaptability, sociable, personal characteristic)谈判地点选择：host venue[enjoying good timing,familiarsurrounding,ready help] guest venue[on spot survey and collecting first hand information] third party’s venue[used when there is no talking channel and for consideration of fairness或者①the two negotiating parties are hostile and antagonistic to each other, or even engaged in a fighting against each other②when a negotiation goes into an impasse and there is no sign of rapprochement③both parties demand strongly to host the negotiation]3C: character/capacity/capitalWin-win concept:(traditional concept)How can both sides win：.hidden agendaCPN(collaborative principled negotiation)合作原则谈判法: to reach a solution beneficial to both parties by way of stressing interests and value not by way of haggling.CPN4个原则①people: separate the people from the problem②interests: focus on intereste not positions③gaining: invent options for mutual gain④criteria: introduce objective criteria Introduce objective criteria客观评判标准: Fair procedures: coin flips/cut and choose/ taking turns/ inherent fairnessLaw of interest distribution利益分配法则: Needs theory(interests of individual negotiators,organization,states Law of two-level game：(International level-(level I)represented by countries, international organizations,enterprises,etc; Domestic level-(level II)represent by government institutions, interest groups,coalition,etc.){how both domestic and international variables interact with each other and jointly influence the result of binational negotiations and thus reveals the law of two level games.}Sources of negotiation power: the state of market /market share/information /time /corporate size and structure/product life cycleHow to decide a person trust or is tursted：1.unchangeable elements[childhood education/professional or special training] 2.changeable elements[past credit record/competence of others to perform a task/intentions of others/reward system]Divides personal styles into five modes：competing/collaborating/compromising/avoiding/accommodati ngFactors causing the change of negotiation power: motivation/denpendence/substitutesPower tactics:time pressure/appearing firm/ridiculing other’s position/building prominence of your offer/threatening the relationshipP(A~B)=M B*D B:A/S B--M A*D A:B/S AP(A~B):{A’s power relative to B(A=self,B=other)}; M B: {B’s motivation for the goals mediated by A}; M A: {A’s motivation for the goals mediated by B}; D B:A:{B’s dependence on A to get the goals}; D A:B:{A’s dependence on B to get the goals}; S B:{B’s substitutes or alternatives satisfying those goals} S A{ A’s substitutes or alternatives satisfying those goals }Negotiations: a process of communication between parties tomanage conflicts in order for them to come to anagreement ,solve a problem or make arrangements.Conflicts: a dispute, disagreement or argument between two ormore interdependent parties whodifferent and common interestes.Stakes: the value of benefits that may be gained or lost, and thecosts that may be incurred or avoided.Negotiation procedure: 1.introduction of team members2.negotiation agenda and its arrangement3. formal negotiation4. wrapping up.General structure of negotiation:1.determine interests andissues 2.design and offer options 3.introduce criteria to evaluateoptions 4.estimate reservation points 5.explore alternatives toagreement 6.reach an agreementThe reservation points means the target that negotiators haveto achive for assurance of their basic interests.BATNA( best alternative to a negotiated agreement )refers toyour last choice between conditions of the other side and theopportunity for other better results.Structure of business negotiations: 1.inquire 2.offer3.counteroffer4.acceptanceNegotiation teams: team leaders/professionals/interpreters/notekeeper/other suggestions for teammembers主谈判人员作用：strong-background knowledge,effective-teamspirit,authoritative-decision making(shrewdness, patience,endurance, adaptability, sociable, personal characteristic)谈判地点选择：host venue[enjoying goodtiming,familiarsurrounding,ready help] guest venue[on spotsurvey and collecting first hand information] third party’svenue[used when there is no talking channel and forconsideration of fairness或者①the two negotiating parties arehostile and antagonistic to each other, or even engaged in afighting against each other②when a negotiation goes into animpasse and there is no sign of rapprochement③both partiesdemand strongly to host the negotiation]3C: character/capacity/capitalWin-win concept:(traditional concept)How can both sideswin：.hidden agendaCPN(collaborative principled negotiation)合作原则谈判法:to reach a solution beneficial to both parties by way of stressinginterests and value not by way of haggling.CPN4个原则①people: separate the people from the problem②interests: focus on intereste not positions③gaining: inventoptions for mutual gain④criteria: introduce objective criteriaIntroduce objective criteria客观评判标准: Fair procedures: coin flips/cut and choose/taking turns/ inherent fairnessLaw of interest distribution利益分配法则: Needstheory(interests of individual negotiators,organization,statesLaw of two-level game：(International level-(levelI)represented by countries, internationalorganizations,enterprises,etc; Domestic level-(level II)representby government institutions, interest groups,coalition,etc.){howboth domestic and international variables interact with eachother and jointly influence the result of binational negotiationsand thus reveals the law of two level games.}Sources of negotiation power: the state of market /marketshare/information /time /corporate size and structure/productlife cycleHow to decide a person trust or is tursted：1.unchangeableelements[childhood education/professional or special training]2.changeable elements[past credit record/competence of othersto perform a task/intentions of others/reward system]Divides personal styles into five modes：competing/collaborating/compromising/avoiding/accommodatingFactors causing the change of negotiation power:motivation/denpendence/substitutesPower tactics:time pressure/appearing firm/ridiculing other’sposition/building prominence of your offer/threatening therelationshipP(A~B)=M B*D B:A/S B--M A*D A:B/S AP(A~B):{A’s power relative to B(A=self,B=other)};M B: {B’s motivation for the goals mediated by A}; M A:{A’s motivation for the goals mediated by B}; D B:A:{B’sdependence on A to get the goals}; D A:B:{A’s dependenceon B to get the goals}; S B:{B’s substitutes or alternativessatisfying those goals} S A{ A’s substitutes or alternativessatisfying those goals }Negotiations: a process of communication between parties tomanage conflicts in order for them to come to anagreement ,solve a problem or make arrangements.Conflicts: a dispute, disagreement or argument between two ormore interdependent parties whodifferent and common interestes.Stakes: the value of benefits that may be gained or lost, and thecosts that may be incurred or avoided.Negotiation procedure: 1.introduction of team members2.negotiation agenda and its arrangement3. formal negotiation4. wrapping up.General structure of negotiation:1.determine interests andissues 2.design and offer options 3.introduce criteria to evaluateoptions 4.estimate reservation points 5.explore alternatives toagreement 6.reach an agreementThe reservation points means the target that negotiators haveto achive for assurance of their basic interests.BATNA( best alternative to a negotiated agreement )refers toyour last choice between conditions of the other side and theopportunity for other better results.Structure of business negotiations: 1.inquire 2.offer3.counteroffer4.acceptanceNegotiation teams: team leaders/professionals/interpreters/notekeeper/other suggestions for teammembers主谈判人员作用：strong-background knowledge,effective-teamspirit,authoritative-decision making(shrewdness, patience,endurance, adaptability, sociable, personal characteristic)谈判地点选择：host venue[enjoying goodtiming,familiarsurrounding,ready help] guest venue[on spotsurvey and collecting first hand information] third party’svenue[used when there is no talking channel and forconsideration of fairness或者①the two negotiating parties arehostile and antagonistic to each other, or even engaged in afighting against each other②when a negotiation goes into animpasse and there is no sign of rapprochement③both partiesdemand strongly to host the negotiation]3C: character/capacity/capitalWin-win concept:(traditional concept)How can both sideswin：.hidden agendaCPN(collaborative principled negotiation)合作原则谈判法:to reach a solution beneficial to both parties by way of stressinginterests and value not by way of haggling.CPN4个原则①people: separate the people from the problem②interests: focus on intereste not positions③gaining: inventoptions for mutual gain④criteria: introduce objective criteriaIntroduce objective criteria客观评判标准: Fair procedures: coin flips/cut and choose/taking turns/ inherent fairnessLaw of interest distribution利益分配法则: Needstheory(interests of individual negotiators,organization,statesLaw of two-level game：(International level-(levelI)represented by countries, internationalorganizations,enterprises,etc; Domestic level-(level II)representby government institutions, interest groups,coalition,etc.){howboth domestic and international variables interact with eachother and jointly influence the result of binational negotiationsand thus reveals the law of two level games.}Sources of negotiation power: the state of market /marketshare/information /time /corporate size and structure/productlife cycleHow to decide a person trust or is tursted：1.unchangeableelements[childhood education/professional or special training]2.changeable elements[past credit record/competence of othersto perform a task/intentions of others/reward system]Divides personal styles into five modes：competing/collaborating/compromising/avoiding/accommodatingFactors causing the change of negotiation power:motivation/denpendence/substitutesPower tactics:time pressure/appearing firm/ridiculing other’sposition/building prominence of your offer/threatening therelationshipP(A~B)=M B*D B:A/S B--M A*D A:B/S AP(A~B):{A’s power relative to B(A=self,B=other)};M B: {B’s motivation for the goals mediated by A}; M A:{A’s motivation for the goals mediated by B}; D B:A:{B’sdependence on A to get the goals}; D A:B:{A’s dependenceon B to get the goals}; S B:{B’s substitutes or alternativessatisfying those goals} S A{ A’s substitutes or alternativessatisfying those goals }。
Negotiation
$15
$400 $419 $80 $65 $140 $399 ($1) No purchase(0) $76 ($4) $30 $80
No purchase
$390($10) $300($119) $ 30($50)
Your tasks
You are going to have a discussion with your group members and finish the following tasks: 1. Provide a definition for “negotiation”. 2. Comment on the Men’s and Women’s negotiating strategy and explain why. 3. If you are the leader of the men’s team, what is your plan for this task?
Various Definitions
①Negotiation is a give-and-take trading process by which the conditions of a transaction are agreed and acted upon. ②Negotiation is a basic means of getting what you want from others. It is a back-and-forth communication designed to reach an agreement when you and the other side have some interests that are shared and other that are opposed. ③Negotiation is a process through which parties move from their initially divergent positions to a point where agreement may be reached. ④Negotiation is all about creating a movement between parties with initially divergent positions. ⑤Negotiation is concerned with resolving conflict between two or more parties, usually by the exchange of concessions.
Negotiation 之解释
Negotiation 這個字一直以來都很困擾銀行家，在英語方面都很費解，中文就更難作翻譯了。
有很多人寫信往ICC的官方IN Sight雜誌發表對“negotiation”這個字的意見﹝可詳見IN Sight, 這裡多不撰了﹞。
UCP 500 sub-article 10(b)(ii) 將Negotiation 這個字作出以下之定義：“Negotiation means giving of value for draft(s) and or documents(s) by the bank authorized to negotiate”。
第一點是要giving value；第二點是要有draft(s)及/或document(s)作交換；第三點是要由被授權之銀行negotiate。
但何謂“giving value”？為何不直接簡單的說付款“P AY”就算呢？L/C available by payment 跟available by negotiation 有什麼差別呢？UCP 500 從來沒有於此下個定義。
從宏觀角度來說giving value 包含了P AY，但又不只限於P AY﹝即錢銀﹞那麼簡單，value還包含了negotiating bank 日後付款之承諾。
但又引申另一問題：negotiate 後對受益人有否追索權呢？UCP從沒有說明negotiation 必須要有追索權。
其實，有否追索權，多是由銀行自行決定。
Negotiate draft(s)，因有票據法可依，當可向受益人追索回款項﹝當然，若negotiating bank 本身亦是confirming bank 的話，則另作別論﹞。
但UCP 500 sub-article 10(b) 容許在沒有draft 之情況下亦可negotiate documents，這一來，又衍生出另一問題：若無匯票，銀行在negotiate 後若收不到款項，依憑甚麼文件，向受益人追索呢？又，如果銀行只負責送件，並沒有negotiate，則該送件銀行﹝presenting bank﹞有否權利向開狀行請款呢？UCP 600 於“Negotiation” 這個字再作定義，但是否更清晰明確呢? 試看看article 2：Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank。
(完整版)国际商务谈判知识点
1关键词语What is a 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.谈判是各方为化解冲突而进行沟通的过程，目的是使各方达成一项协议、解决一个问题或做出某种安排。
Factors in a successful negotiation1. Result of mutual taking and giving共同的给予和获取的结果2. The existence of conflicts and collaboration 冲突与合作并存3.Every party can exercise（行使）veto right（否决权）to the results of the negotiation各方都可对谈判决议行使否决权What is a conflict ?A conflict is a dispute, disagreement or argument between two or more interdependent parties who have different and common interests. 冲突是发生在两个或更多既有不同利益又有共同利益的相互依赖的当事人之间的对抗、争执或不同意见。
Stakes are the value of benefits that may be gained or lost,and costs that may be incurred or avoided.利益是指（通过谈判）可以获得的利益或者是失去的利益及可以引发或者是避免的成本。
Four points1.The negotiations are pertinent to relevant parties’interests.谈判是对于各方具有利害关系的事件2.All parties have to pay for the gaining, but what they will get is determined by how well negotiators manage the situation.谈判各方必须有所付出才能获取利益，但所获取利益取决于谈判者如何应对谈判3.What they will get is also determined by the current situation.所获取利益也取决于谈判时的事态发展现状4.Negotiators have to balance the relation between the current interests and long-term interests.谈判者必须对眼前利益和长远利益之间作出权衡2谈判结构ⅡGeneral Structure of Negotiation1.Determine interests and issues确定利益与议题Negotiators should identify their own interests and the other side’sinterests (specially their underlying interests) and find out what issues are involved.2.Design and offer options设计和提出方案Set forth suggestions and optionsGenerate a number of options before making a final decision3.Introduce criteria to evaluate options引入评价方案的标准For their own interests, all parties will examine and evaluate all suggested options according totheir own criteria to find out the most favorable one .4.Estimate reservation points估计各自的保留点和底线5.Explore alternatives to agreement寻求达成协议的替代方案If the agreement is important, negotiators should come up with some alternative suggestions compromising all p arties’ interests.6.Reach an agreement达成最终协议BA TNA Best Alternative to a Negotiated Agreement谈判协议最佳替代方案[BA TNA是罗杰·费希尔（Roger Fisher）和威廉·尤里（William Ury）在他们所著的经典文章Getting to Yes中所提出来的。
Negotiation
Win-Win
Negotiation is mainly a power game Psychological game Power
Four elements of negotiation 1. Parties or sides 2. Values, interests or demands 3. Outcome 4. Mutual movement
Negotiation is appropriate when the parties see that a problem can only be resolved jointly and when they have the will to end an existing situation that they consider unacceptable, while admitting the other party's or parties' claim to participate in that solution. Perception, will, and equality--of these three, the most important of all is will.
According to John W. Burton
(The processes of resolution) could well be termed problem solving….Problem solving is a useful term because a problem in relationships remains even after there is a final settlement. It is not until an option is discovered that satisfies the interests and needs of all parties that the problem is solved. Problem solving implies exploration and not merely the simple processes of bargaining.
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International Negotiation Strategies
Preparing for Negotiations 1.Never underestimate complexity
2.Gain in-depth cultural understanding 3.Seek outside help where needed 4.Ensure inside negotiator(s) have language skills
2 Types of Negotiation
1. Distributive bargaining (win/lose) e.g. labour management negotiations. Strike! – All of the workers (an entire coal mine) stop working (until they re-negotiate a deal)… 2. Integrative negotiation (win/win) e.g. business negotiations.
Example (3): Vocabulary
• In Iran, common business English words like “mediator” and “compromise” have negative connotations消极的内涵 (when translated into native Persian).
• Variations in importance across cultures
Stage 2: Task-Related Exchange of Information
• Most important in some cultures
• Explanations of initial bargaining positions
• Direct/honest • Bluffing – Threats – Misrepresentations
• Timing of concessions
• Throughout or at end
Stage 4: Agreement • Concessions and persuasion culminating in agreement
II. Perspectives on Individual Negotiators
• How negotiators are chosen
• Knowledge/experience • Personal characteristics/status
• Aspirations of individuals – case study
• What are some problems/difficulties that an international negotiator might face when aboard?
• Write down some ideas.
Common problems to consider
1. Adjusting (quickly)– food, culture, language, unfamiliar environment. 2. Jet lag 3. No control over the setting (i.e. the room) – big, small, seating arrangements, time, etc. 4. Distance from colleagues – delay in obtaining info. 5. Increased pressure to conclude business arrangements.
Maturity Emotional stability Breadth of knowledge Optimism Flexibility Empathy Stamina Willingness to use team assistance Listening Influence at headquarters
Example (2): USA
• Holistic approach all issues are discussed at the same time. Examples; delivery dates, pricing issues, employee issues, research and development projects mixture. • Sequential approach issues are itemized in the agenda.
• Importance of follow-through • Final outcome
• Use of formal written agreement • Informal handshake
• Logic/facts/experience
• Dogma/tion
International Negotiation Process 1) Nontask sounding—establish rapport
2) Task-related exchange—exchange of background, needs and preferences 3) Persuasion—negotiation, attempts to modify positions
5.Spend time necessary to prepare
I. Basic Model Used by Negotiators
• How the negotiation process might be conceived
• A bargaining effort • Joint problem solving or exploration • A debate
Activity 1: Negotiators
• Write down 3-4 skills that you need to be an effective negotiator.
•
Criteria for selecting successful negotiators include:
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
• Risk-taking orientation
• High vs. low
• How trust is determined – develop relationship – avoid pursuit of contract.
• Intuition – gut instinct • Common experience • Reputation
• Regional generalizations usually are not correct. (e.g., Japan vs. Korea) Japan is an exceptional place with most distinct styles.
•
Activity 2: Where to negotiate?
4) Agreement—conclusion and accord is reached
Stage 1: Nontask Sounding • Time needed to establish relationships
• Entertaining • Establishing trust • Status of negotiators
IV. Views About the Interaction Process • Important of protocol
• Formal vs. informal
• Complexity of communication
• High vs. low
• Tactics for persuasion
Week 11
Topic: Negotiation
Definition: negotiation
• Basic elements: 1. 2 or more parties; 2. who have common and/or conflicting interests; 3. interact with one another; 4. for the purpose of reaching a mutually beneficial agreement.
• Differences in bargaining room across cultures
Stage 3: Persuasion • Attempts to modify other party’s position
• Most important step for U.S. negotiators • Tactics used to persuade
Example(4): Jokes
• UK, jokes are common. • Americans often “loosen up” during long negotiations. • Switzerland: 1. No jokes 2. Never use first name. 3. Never take off jackets. 4. Loosen their ties.
Characteristics of negotiation
(1)
(2)
(3) (4)
The objective of a negotiation must be definite. Negotiation must be conducted on an equal basis. A consensus must be built on the basis of mutual concession. Negotiation involves exchange of ideas, communication, persuasion, compromise and suchlike. (process)