国际商务谈判相关资料英文版)

CATALOGUE

The General Overview on International Business Negotiation

The General Procedures of International Business Negotiation

Five Links of International Business Negotiation

Cross-Cultural Problems in International Business Negotiation

Basic Qualities for Negotiators

Some Styles in International Business Negotiation

Tactical Expressions in Business Negotiation

Preparation for Exporting

Preparation for Negotiation

Business Negotiation I

Business Negotiation II

Business Negotiation III

Business Negotiation IV

After the Negotiation

Chapter One

e GTheneral Overview on International Business Negotiation

An Overall Framework of International Business Negotiation

Features of International Business Negotiation

Basic Rules of International Business Negotiation

Stock Phrases

Some Tips for Trade Delegation

1.What is Negotiation?

The word “negotiation” derives from the Latin Infinitive “negotiari”（做贸易或生意）which means “to trade or do business”. This word itself is from another word, “negare”（拒绝）, meaning “ to deny” and a noun, otium(休闲), meaning “leisure”. Thus , the ancient Roman

businessperson would “deny leisure” until the business has been settled. Negotiation is a common human activity as well as a process that people undertake everyday to manage their relationships such a buyer and a seller, a husband and wife, children and parents. As the stakes in some of these negotiations are not very high, people need not have to get preparations for the process and the outcome. But in international business negotiations, the stakes are usually high, people cannot ignore this fact, they have to get preplans in a more careful way. Both parties in this kind of negotiation should contact each other so that they can get a better deal rather than simply accepting or rejecting what the other is offering. The whole process of negotiation is based upon the premise that both parties are interdependent, that is, one side cannot get what he/she wants without taking the other into consideration. In the process of negotiation, there are no rules, tradition, rational methods or higher authorities available to resolve their conflict once it crops up. Negotiation is a voluntary process of giving and taking where both parties amend their offers and modify their expectations so as to come closer to each other and they can quit, at any time.

2. Why do People Negotiate?

Negotiation is at the heart of every transaction and, for the most part, it comes down to the interaction between two sides with a common goal (profits) but divergent methods. These methods (the details of the contract) must be negotiated to the satisfaction of both parties. As we will see later that it can be a very trying process that is full of confrontation and concession. Whether it is trade or investment, one party will always arrive at the negotiation table in a position of greater power. That power ( the potential for the profits ) may derive from the extent of the demand or from the ability to supply. The purpose of negotiation is to redistribute that potential. There is no such thing as “to take it or leave it” in international business. In fact, everything is negotiable. It all depends on the expertise of the negotiators.

3. An Overall Framework of IBN

International business negotiation (IBN) is a consultative process between governments, trade organizations, multinational enterprises, private business firms and buyers and sellers in relation to investment and import and export of products, machinery and equipments and technology. Negotiation is one of the important steps taken towards completing import and export trade agreements.

To reach the desired results, the negotiators must seriously carry out the relative trade policies of their own countries. They should have good manners and speak fluent English. They should have a profound knowledge of professional technology and international markets. They should know the specifications, packing, features and advantages of the products and be able to use idiomatic and professional terms. In general, an overall framework of international business negotiation cover the following aspects: background factors, the atmosphere and the process.

3.1 Background factors refer to objectives, environment, markets position, third parties and negotiators. They influence the process of negotiation and the atmosphere in a positive or negative way. Objectives mean what each side desires to achieve in the end. They are common, conflicting or complementary interests in both sides’ w anting a successful transaction to take place; their interests conflict as profit to one is cost to the other; and complementary interest brings them

together. Common and complementary objectives leave direct and positive effects while conflicting objectives have negative ones on the negotiation process. Environment here is defined as the political, social and structural factors related to both parties. It often hinders the process in international negotiation. Political and social aspects can affect the process whereas market structure does the atmosphere. The market position of the parties involved plays a leading role in the negotiation process. The third parties such as governments, brokers, consultants and so on may influence the process with their own objectives. Negotiators affect the negotiating process by means of their own experience and negotiating skills.

3.2 The atmosphere is of great importance to the whole process of the international business negotiation. The atmosphere and the process influence each other at each stage. Atmosphere refers to the perceived “milieu”(氛围) around the interaction, how each party regards the other’s behavior, and the properties of the process. It has to do with people’s perception of reality. To be more exact, in negotiation it is the perception of reality that is far more important than the reality itself. Some characteristics of the atmosphere are dominant at one stage; others at other stage. For example, cooperation is dominant at the pre-negotiation rather than conflict, as both sides look for mutual solutions. Different characteristics of atmosphere dominate from process to process. These characteristics are classified as conflict vs cooperation, power vs dependence and expectations. The existence of conflict and cooperation is a fundamental characteristic of the negotiation process. On one hand, both sides have some common interests in finding a solution to the problem that fits them both. On the other hand, a conflict of interest may arise, as cost to one can mean income to the other. The relation between power and dependence is closely related to the actual power relation, which is affected by the value of the relationship to the sides and their available alternatives. As for expectations, there are two types: long-term expectations with respect to the possibilities and values of future business; short-term expectations regarding prospects for the present deal. Expectations develop and change in different stages of the process.

3.3 The process of international business negotiation is made up of the three different stages. A stage is defined as a specific part of the process and covers all actions and communications by either side pertaining (relevant) to negotiations made during that part. Either side communicates with the other to exchange information within each stage. A specific stage comes to an end with where both sides decide to proceed on to the next stage or decide to abandon the communication if they see no point in further negotiations. The three different stages are: pre-negotiation, face-to face-negotiation and post-negotiation.

3.3.1 The pre-negotiation stage starts from the first contact between the two sides whose interest in doing business with each other is shown. From this stage on, both sides begin to understand one another’s needs and evaluate the benefits of entering into the process of negotiation. This stage is more usually important than the formal negotiations in the international business relationship. Social and informal relationships between negotiators, trust and confidence in each other are of great help. Both sides now also start to form their strategy for face-to-face negotiation as well as try to foresee and take precautions against possible events.

3.3.2 At Face-to-face stage, both sides know that they can work together for a solution to a joint problem in spite of that the fact that each side may view the situation in its own way. This indicates the importance of having face-to-face negotiation in an open-minded way and getting ready several alternatives. It is time for both sides to explore the differences in preferences and expectations so that they can come closer to each other. Generally, the negotiation process is controlled by the side that has arranged the agenda, for in the process, he can stress his own strengths and the opponent’s weaknesses, thus putting the other side on the defensive. However, the agenda may reveal the preparing side’s position in advance and hence permit the other side to prepare its countermeasures. Some people prefer to start negotiations by discussing and agreeing on broad principles. Another way to ensure success at this stage is an initial discussion on items of common interest, which can help create an atmosphere of cooperation between both sides. As for the choice of strategy, it depends on

3.3.3 All the terms and conditions at this(Post-Negotiation ) stage have been agreed upon with the contract being drawn up to be signed. What is worth noticing is that writing the contact and the wording in it is a negotiation process in itself, for meaning and values may be different between both sides. This stage may lead to a renewed face-to-face negotiation if there is negative feedback from background factors and atmosphere. Therefore, the terms and conditions agreed upon should be read to each other after concessions are exchanged and discussions be held by means of minutes of meetings, or something unpleasant and unexpected may arise later on in the course of the implementation of the contract unless both sides make sure that they have paid enough attention to every detail. It is necessary that both sides should make sure that they understand everything they have agreed on before they leave the negotiation table.

4. Three Targets of International Business Negotiation

For a successful agreement, participants need to know negotiation principles and tactics. There are two principles in international business negotiations. First, at the beginning of the negotiation, the negotiators should know well their desired results and not be willfully manipulated by their counterparts. Only with a definite purpose will the negotiators grasp the key to the negotiation and realize their expected purpose. Second, negotiators need to put forward what they expect, take a firm stand and make clear their position.

In international business negotiations, price is usually the key point because it directly concerns the economic benefits to both sides. Both sides seek a desired result.

To get the expected result or achieve a certain purpose, the negotiators, should calculate carefully and decide three different targets: 1) the best target; 2) the intermediate target; 3) the acceptable target

4.1 The best target is to achieve all desired results. You should know well whether your first quotation is high or low if it is generally accepted by your counterpart. Usually both sides have a few bargains before acceptance. In the beginning, make a high offer and negotiate for the best target. Generally speaking, persons who firmly maintain the desired objectives to the end can obtain the best deal.

4.2 The intermediate target is fair for both sides, although slightly lower than the best target. Don’t begin negotiating at too low of a price. Your quotation is to be a little lower each time. Do it step by step. Each time you reduce the price, you should remain serious about the desired results. Under this situation, your counterpart may well accept your quotation as the best possible price. It is likely that you may reach an agreement at this price. Please keep in mind that taking a serious and firm attitude is the key to avoiding further price reductions and unnecessary expenses. This will result in increased profits. If you meet with negotiators who always bargain using harsh language, do not be angry. This indicates that they want to buy your products. You should be patient and friendly, using soft words and moderate speaking speed and tone, knowing well what not to say, what to say and when to say. When you feel in danger of going into a deadlocked negotiation, it is suggested to request a break or rest. Then readjust your plan and continue the negotiation.

4.3 The acceptable target is the minimum level both sides can bear. It should not be exposed to your counterpart at the beginning of the negotiation. Your counterpart may not believe it and although the price is the lowest, he may reject your quotation. On the other hand, even if the agreement is reached at the minimum acceptable price, your counterpart may not have a satisfactory sense of having brought your price down…

In brief, the purpose of the negotiation is to arrive at an agreement to both sides’ advantage. The successful results of the negotiations depend on the determined objectives, perseverance and the language expressed by the negotiators. They should do their best to use soft words, speak euphemistically, use less flowery language, have a sense of humor and create a harmonious atmosphere.

5. Basic Rules of International Business Negotiation

Interdependence

Concealment and Openness

Different Negotiating Situations

Bargaining Mix and Creativity

Proposal Exchange

Winner or Loser

5.1 Interdependence

“One palm cannot clap”. This is true of everyday life, and is also no exception to conducting a business negotiation, in which both sides are locked together on account of their goals. A seller cannot exist unless he has a buyer，which determines this relationship between them.

5.2 Concealment and openness

In many business negotiations, both parties may conceal their real intentions and goals to better their chances of best deal possible. As this is an open secret, smooth communication and good mutual understanding will to some degree become difficult, which does easily lead to misunderstanding. To achieve more satisfactory results, both parties will have to decide how open

and honest they should be about personal preferences and needs, and to what extent they should trust the other side.

5.3 Different Negotiating Situations

Both parties must change as required of them by situations. If either of them fails to find out which type of negotiation is necessary in a particular situation, the odds (chances) are he will fail.

5.4 Bargaining Mix and Creativity

How to make both “sides” meet in negot iations without causing much loss to either, which may bring both out of the win-lose mix and help accomplish their objective, requires creativity. And the discovery of this is based on the environment where negotiators feel cooperative and dedicated to se eking the best solution possible instead of meeting but one side’s needs.

5.5 Proposal Exchange

The heart of negotiation is the exchange of offers and proposals. There is an unstated assumption in negotiation that both sides will show their exchange of offers to the process of finding a solution by making concessions to the other side’s offer. And through the process of offer and counter-offer a point is reached on which both sides will agree. To be successful, a negotiator needs to be able to understand the events that are taking place during the exchange of offers, to know how to use them to advantage, to keep the other side from using them to the negotiator’s disadvantage.

5.6 Winner or Loser

In the process of business negotiation, if both parties try to reach an agreement that maximizes their outcome, it may lead either party to be concerned about only with his ends and ignore the needs of other side. Such a situation will most probably create problems.

Generally speaking, in a common negotiation the parties involved are either winner or loser, but in a formal international negotiation such a phenomenon will not probably occur just because of the engagement of experts.

Chapter Two

The General Procedures of International Business Negotiation

Preparing Stage

Agreement Concluding and Executing Stage

Contacting and Materially Negotiable Stage

1. Preparing Stage

Since there are typical time constraints of international negotiations, good preparations must be made before negotiation begins. Good negotiation preparations mainly cover two aspects: 1) gathering information and planning strategies and tactics; 2) manipulation of the negotiation situation. The best negotiators on both sides manage such details with great care. To get the most out of business negotiations it is important to have every causal factor working in your favor. The following checklist is the general works prepared for negotiation:

l Assessment of the situation and the people

l Agenda

l Concession strategies

l Facts to confirm during the negotiation

l Manipulation of the negotiation situation

1.1 Assessment of the Situation and the People

It is common to learn as much as possible about a potential client or partner before negotiations begin. All kinds of information might be pertinent depending on the nature of the contemplated deal.

Given the crucial nature of business negotiations, knowledge of a particular executive’s background, hobbies, and family status can be a great advantage. It should be clearly understood that knowing who you will be bargaining with is far more important than most people would assume.

The last step is estimate the probable goal and preferences of your counterpart by using the analysis of the their various data. For example, the Japanese tend to focus on business relations, and long-term, gradual growth are Japanese modes of business reasoning. The Japanese side will most likely be looking for stable growth over at least a ten-year period. Meanwhile, American companies and executives, looking at the same information, would be focusing on length of payback and profit in the first three years.

1.2 Agenda

In general, most business negotiators come to the negotiation table with an agenda for the meeting in mind. It is important to do two things with that agenda. First, write out the agenda for all members of your negotiating team. Second, don’t try to settle each issue at a time. In any bargaining situation, it is better to get all the issues and interests out on the table before trying to settle any one of them. This will be particularly true when the other side brings a carefully considered agenda. A safe strategy for you is to check beforehand with your counterpart about the agenda. However, tactics on agenda should be used with caution as it will result in great discomfort for your counterpart.

1.3 Concession Strategies

Concession strategies should be decided upon and written down before negotiations begin. Such a process—discussion and recording—goes a long way toward ensuring that negotiators stick to the strategies. In the midst of a long negotiation there is a tendency to make concessions. When making concessions, you need to have specific reasons for the size of each concession you make. When bargaining with Japanese, you will notice very quickly that they never make a concession without first taking a break. Issues and agreements are reconsidered away from the social pressure of the negotiation table. This is good practice for you to learn.

1.4 Facts to confirm during the negotiation

No matter how careful the analysis and how complete the information available, all critical information and assumption should be reconfirmed at the negotiation table. As part of the preparations a list of such facts should be discussed among the members of the negotiation team,

and specific questions should be written down.

1.5 Manipulation of the Negotiation Situation

Another aspect of negotiation preliminaries is manipulation of the negotiation situation to your company’s advantage. Particularly in a tough negotiation, everything should be working in your favor. If situational factors are working against you, it will be important to manipulate them before the negotiation begins. Also, management of situational factors may be important once the discussions have commenced. There are several situational factors that we consider particularly important: location, number of participants, communication channels, time limit

1.5.1 Location

The location of the negotiation is perhaps the most important situational factor for several reasons, both practical and psychological. Having the “home court” is an advantage because the home team has all its information resources readily available。Alternatively, the traveling team brings the minimum necessary resources, information, and negotiators stay in hotels. But perhaps a greater advantage the home team enjoy is psychological — a perception of power.

Although restaurant, bars, and golf courses are all important locations for bargaining, bargaining behaviors are quite different. Generally in these informal settings almost all talk is non-task sounding. Task-related matters are discussed indirectly, briefly, and toward the end of the evening, after a few drinks.

1.5.2 Number of Participants

In business negotiation, it is considered that one side with fewer participants to be a serious disadvantage. It is important to find out whom the other side is sending and then putting your team together in response. Moreover, you shouldn’t hesitate to include additional members in your team such as financial or technical experts. The extra expense may be a wise investment.

Japanese negotiators often bring along technical specialists and younger non-participants for on-the-job training. They will make one person be responsible for carefully observing your nonverbal and verbal response to their proposals; that person’s evaluation and comments will appear in a written report. By doing so, they might get more valuable information.

1.5.3 Communication Channels

Face-to-face negotiations with your clients are always recommended. Other channels of communication which might be used for international negotiation are effective and acceptable. Even though the negotiation is built around almost continuous face-to-face contact, other channels are also helpful and should be used effectively.

1.5.4 Time Limit

If location is not the single most important aspect of the negotiation situation, then the time limits are. The side that has more time is in a stronger bargaining position. Another side with less time is forced to make concessions in order to move the other toward agreement. The use of time can be a powerful bargaining tool.

Generally speaking, time constraints are established by factors beyond the control of negotiators. On the selling side, orders must be secured to keep the factory busy, the expenses of

foreign travel are substantial and the home office management may be in a hurry. Negotiators should try to determine beforehand what the other side’s time constraints are. In any case negotiators can manage time limit to their advantage.

2. Contacting and Materially Negotiable Stage

As we know, the most difficult aspect of an international business negotiation is the actual conduct of the face-to-face communication. Assuming that the best representatives have been chosen to represent your firm, and that those representatives are well prepared, and that the situational factors have been manipulated in your favor, things can still go wrong at the negotiation table. If negotiation situations haven’t been managed properly, then things will go wrong during the meetings.

In general, there are four (Non-task Sounding、Task-related Exchange of Information、Persuasion、Concession and Agreement）steps at the negotiations table in which international business negotiations all over the world tend to follow this sequence of events.

2.1 Non-task Sounding

Negotiators in some countries always discuss topics other than business at the negotiation table (e. g. the weather, family, sports, politics, and business conditions in general), but not for long. It is usually moved to the specific business at hand after 5 to 10 minutes. Such preliminary talk is much more than friendliness and politeness. Before getting to the business at hand, it is important to learn how the other side feels this particular way. You can determine during non-task sounding if your client’s attention is focused on business or distracted by other matters, personal or professional.

It is important to learn how to communicate with your clients by learning about their backgrounds and interests. If your counterparts’ backgrounds have much in common wi th yours, communication between you can be more efficient. Engineers can use technical jargon when talking to other engineers; golfers can use golfing analogies; family men and women can compare the cash drain of a fledgling business unit to putting kids through college.

2.2 Task-related Exchange of Information

Only after non-task sounding is complete, when acquaintance has been established, should business be introduced. It is advisable to let your counterpart signal when the task-related exchange of information should start. Usually, such signals will be given after tea or coffee has been served and may include a statement such as, “Can you tell me more about your company?” or “Tell me, what has brought you to the United States”?

A task-related exchange of information implies a two-way communication process. However, it has been observed that when Americans meets Japanese across the negotiation table, the information flow is unidirectional——from American to Japanese. The Japanese appear a) to ask “thousands of questions and b) to give little feedback. The first severely tests American negotiators’ patience, and the latter causes them great anxiety. If the negotiation takes place in Japan, both can add up to much longer stays there (compared to negotiating in other countries), which means higher travel expenses.

2.3 Persuasion

There is not a clear separation of the task-related exchange of information and persuasion in some countries (e.g. Japan ). The two stages tend to blend together as each side more clearly defines and refines its needs and preferences. So much time is spent at this task-related exchange of information that little is left to “argue” about the persuasion stage. Eastern negotiators tend to prepare for negotiations in a way very different from the Western countries. They developed defensive arguments with no consideration of persuading or selling or converting the other side. Nor did they consider what the other side might be thinking or offering, nor of anticipating strategies, nor of any concession strategies. However, a lot of countries regard persuasion as the heart of a negotiation. In America they have a wide range of persuasive tactics that can be often employed to change their clients’ minds.

2.4 Concession and Agreement

The final stage of business negotiations involves concession making, building toward agreement. Negotiation requires compromise. Generally speaking, both parties give up something to get even more. However, the approach used for compromise differs much.

American and other Western business executives tend to take a sequential approach to solving complex problems. That is, “Let’s discuss and settle quantity, then price, then delivery, then after-sale service” and so on. Alternatively, the Asian approach is more holistic-looking at all issues simultaneously and not agreeing on any single issue until end. Westerns often are very upset by such differences in style of concession making.

3. Agreement Concluding and Executing Stage

Once the seller and the buyer reach an agreement, it is time to consider what follows the negotiation. The main area will be the worded clauses in contract which one side may draw up and the other side may give his amendment on what he thinks it is more proper for both parties. Each should be concerned about the mutual benefits of the relationship, and consider the interest of the other. Consequently, writing contracts with Japanese and some other Asian countries’ businessmen are very short—two or three pa ges. The Western businessmen’s emphasis on tight contract is tantamount (equal) to planning the divorce before the marriage.

Chapter Three

Basic Qualities for Negotiators

Character Traits

The Role of the Chief Negotiator

The General Structure for Negotiators

The Importance of Teamwork

1. Character Traits

Shrewdness

Resourcefulness

Endurance

Patience

Patiencez