国际商务谈判 Chapter 6 Closing the Negotiation.ppt

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1、Chapter 6 Closing the Negotiation After the preparation,bidding and bargaining comes the closing period of negotiating.To reach an agreement the parties have to experience the two phases of making the deal and formally signing the contract.Through the bargaining process,both parties are gradually ag

2、reeing on some points and they are trying to make the deal from their own perspective.Once the agreement is settled,the contracts have to be written out and the economic contract should be signed in a formal way.This chapter discusses some points of closing the negotiation,introduces some tactics to

3、wards agreement,gives some tips on contract signing and negotiating summary.In this chapter youll learn:who makes the decision to close when it is time to close tactics towards agreement tips on contract signing summary of the negotiating 6.1 Closing the deal6.1.1 Who makes the decision?The differen

4、ce between a successful and an unsuccessful negotiator is the ability to close a deal when it has reached its maximum level of distributing“enough”among all participants.The deal is best closed when the agenda has been exhausted.Buyers usually have the say as to when a deal will be closed,but they c

5、an be encouraged to do so by savvy sellers.This is why every sales force in the world has its“closing specialist”whose job is to convince the buyer that“enough”has been had and its time to transact the deal.Both buyer and seller have an equal chance to close the deal,and the more proactive the decis

6、ion maker is,hell have a greater chance of controlling the process.6.1.2 When is it time to close?To determine if its time for closure,here are some questions to ask either directly or indirectly:Have all points of the agenda been discussed?Have the technical aspects of the deal been reviewed?Have t

7、he local and international laws applicable to the deal been researched?Are all active parties to the deal logistically capable of performing their functions?Is the time line set for the deal realistic?Do all parties recognize the short and long-term consequences of the deal?Are all parties in agreem

8、ent as to the language and terms of the deal?Do all the parties to the deal trust each other?Do all potential signatories have the requisite authority to act on their companys behalf?Sometimes the appropriate response to an offer laid on the negotiating table is“no”.Declining a deal,and doing so in

9、the proper manner,is sometimes the Silver Medal of international business,not ideal,but respectable.Declining the deal must be done with the greatest diplomacy because this potential for future dealings is very important.6.2 Tactics towards agreement6.2.1 Recessing By recessing we mean taking a shor

10、t break during which each party moves out of the negotiating forum to reconsider the progress of the negotiation,and to reconsider its own position;or breaking off until a later session.Recessing is such an important device that the method of using it deserves to be examined.When do we use it?How do

11、 we arrange it?How do we re-start?At what times should we use our recess?At the end of a phase in the negotiations.Before issue identification.When nearing an impasse.Team maintenance needs.Breaking a trough.What is the recommended procedure to get a recess?State the need for a recess.Summarize and

12、look forward.Agree on the duration of the recess.Avoid fresh issues.If others want to insert anything further,ask them to wait until after the recess.After the recess,the meeting is re-opened with a miniature version of the steps that are taken to open a negotiation.Recessing is potentially a very i

13、nfluential device.Disciplined use can make it a device that helps us towards profitable co-operation.6.2.2 Setting deadlinesDefining the time by which a negotiation meeting must have finished(“I am booked on the 11:40 plane”);or the deadline for a series of negotiations(“Im instructed to offer this

14、to ABC Company if we cannot agree before 14 March”).These are seen as threats.They can cause resentment and counter-aggression.However,if the deadline is agreed upon by the two parties(not simply imposed by one of them)then the atmosphere becomes more collaborative.Contrast the first quotation above

15、 and the following:“It would be a great help to me if we were able to conclude this meeting in time to catch the 11:40 plane.Would it be all right with you if we aim to move at that speed?”There are positive implications for setting a deadline for the negotiations.The setting of a deadline helps to

16、concentrate the mind,the energy,the effort,and the speed of achievement.There is however a negative influence if either party feels too early a deadline has been imposed.6.2.3 Full disclosure/The straightforward statementLiterally,this means complete readiness to give to the other party all ones inf

17、ormation.In practice,there will always be some elements people are unwilling to disclose and some other elements they are unable to disclose.We therefore have to interpret“full disclosure”as meaning the disclosure of 90 per cent of what we perceive.There are some negotiators whose character is stron

18、gly inclined towards openness and frankness.This pattern of behavior can be highly productive,inducing the other party to respond and to co-operate.“Full disclosure”then becomes an advantage,providing that it is used in conjunction with all the skills of negotiating towards agreement.It is,of course

19、,a fatal disadvantage when“full disclosure”is offered to others whose sole interest lies in their own advantage.6.2.4 Lubrication/The Golf ClubLubrication is an art.It may be more or less subtle.It is not necessarily the same as bribery.There are plenty of different ways of offering inducements to n

20、egotiators.In form and extent,the pattern varies from one region to another and it needs local expertise to manage the process.In some cultures lubrication is an essential ingredient from negotiating towards agreement.It is an ingredient the skilled negotiator must provide for,even when he himself i

21、s not the right person to handle it.The Golf Club is a tactic to be used at times when the teams are reaching stalemate and progress is interrupted.The tactic is for the team leaders to agree to meet informally in some environment that encourages mutual trust and openness.For many people that atmosp

22、here of mutual trust and respect is found in the Golf Club.For Englishmen,it is found in the Gentlemens Club.For Finns,it is in the sauna.For Japanese,it is found in the bathhouse.6.2.5 The study groupWhen the negotiations between teams get bogged down,it is then helpful to set up a sub-group.For ex

23、ample,when matters are reaching an impasse over delivery,then the production people from the suppliers can form a sub-group with one or two members of the purchasers to find means of resolving the delivery problem to their mutual advantage.At the same time the main parties are freed to concentrate o

24、n other aspects of the negotiations or to give time to their other duties.6.3 Tips on contract signingWhen both sides have reached an agreement on the main items,it should have a written form of a contract or an agreement.A contract is a written agreement between the two trading sides in order to it

25、emize the right and obligations of both parties.Once signed,it has legal force.Therefore we should pay close attention to the signing of contract,discuss every item quite seriously and in a very detailed way.The following are some tips on signing a contract.6.3.1 The draft of the contractGenerally s

26、peaking,the side that makes the draft will be in a positive position of the whole deal,so the focus should be more on who makes the draft.If one side cannot control making draft,they should at least be involved with the other side for this process.6.3.2 Examination of the qualification of the contra

27、ct signer and its trading items,scope and processA disqualified contract signer is surely a problem to the negotiating.It means the contract he signed is invalid.Therefore a thorough examination should be done to the contract signer.The trading items,scope and its process should be within the law an

28、d the allowance of the government policy.The signing of the contract should also answer for the law.6.3.3 Contract articles must be rigid and thorough In real practice there are many such cases of the damages caused by ambiguous contract articles.For example,a restaurant signed a contract with a veg

29、etable company.The contract includes only a few words,specifically,“Chinese cabbages of 20,000 kilograms”.Finally at the time of delivery,it turned out that half of the cabbages rotted during transportation.In this case,the buyer has to suffer all the damages because there is not a single word menti

30、oned concerning the quality of goods in the contract.6.3.4 The contract signing ceremony For some important negotiating,especially international business negotiating,the location of the contract signing is important.The reason is that the signing site of the contract can normally decide which countr

31、ys laws are adopted to settle the disputes.According to international convention,the courthouse or arbitration organization could make the adjudication or arbitration based on the law of the country where the contract is signed should any dispute arise.6.4 Summary of the negotiating 6.4.1 Value eval

32、uation standard of business negotiatingTo sum up,a successful negotiation must be one in which both sides needs are met.This satisfying result is obtained with high efficiency and at the same time the friendly cooperative relationship of the two sides is built or further developed.Realization degree

33、 of the business negotiating objectives Negotiating efficiency The personal relationship after negotiating6.4.2 Content of business negotiating summary1)Aspects that have direct relation with negotiating process 2)Aspects concerning the opponent6.4.3 Steps of business negotiating summaryBusiness neg

34、otiating summary is generally composed of the following steps:1)Review the negotiating process and go over the minute.2)Analyze and evaluate the negotiating.3)Give suggestions of improvement.4)Write the summary report.III.Practical SentencesMaking conclusionLet me just run over the main points.It re

35、mains for me to say how much we appreciate your contribution.Does that accurately reflect what we agreed during the meeting?I suggest we meet later in the week.Would that suit you?As far as payment is concerned,there are still some outstanding issues to resolve.Im afraid we didnt get as far as we ho

36、ped.That was a really productive meeting.I think we covered the most important points.In terms of our objectives,I think we did a good job.So,we have agreed an initial one-year contract on the basis of full support and minimal project work.8 Fill in the blanksThe difference between a successful and

37、an unsuccessful negotiator is the ability to close a deal when it has reached its maximum level of distributing“enough”among all participants.The deal is best closed when the agenda has been exhausted.9.Put the following sentences into English我认为大部分的主要内容议题今天都已经讨论过了。今天可以做的事情都已经做到了。我们可以下次再来解决细节问题。我们已经

38、进展了不少。让我们轻松娱乐一下。如果还有什么问题没有答案的话，我乐意提供协助。我认为我们应该再度会面。过一个星期再会面会太早吗？请别客气，尽管打电话给我。对于本合同有问题吗？Answer:1)I think we have discussed most of the key issues today.2)That takes care of business for today.3)We can work out the detail next time.4)We have done a lot.5)Its party time.6)If there are still unanswered

39、questions,I will be happy to help.7)I think we should meet again.8)Is a week too early to meet again?9)Feel free to call me.10)Do you have a problem with the contract?10.True or false1)Recessing is a profitable device for both parties.2)Setting deadlines could help briskness and the concentration of

40、 energy.3)It is not necessary that the parties be in agreement as to the language and terms of the deal before its closure.4)Whether we like it or not,there are places where lubrication is practical.5)The implications for the negotiation of having a deadline are negative.6)The Golf Club and the stud

41、y group are useful in team negotiations.7)Only one side has the chance to close the deal and the more proactive the decision maker is,the greater the chance of controlling the process hell get.8)Declining the deal must be done with the greatest diplomacy because the potential for future dealings is

42、very important.9)The Golf Club is for the team leaders to agree to meet formally in some environment which encourages mutual trust and openness.10)When the negotiations between teams get bogged down,it is useless to set up a sub-group.10.True or false1)Recessing is a profitable device for both parti

43、es.T2)Setting deadlines could help briskness and the concentration of energy.T3)It is not necessary that the parties be in agreement as to the language and terms of the deal before its closure.F (should be in agreement as to)4)Whether we like it or not,there are places where lubrication is practical

44、.T5)The implications for the negotiation of having a deadline are negative.F (positive)6)The Golf Club and the study group are useful in team negotiations.T7)Only one side has the chance to close the deal and the more proactive the decision maker is,the greater the chance of controlling the process

45、hell get.F(both sides have the chance to)8)Declining the deal must be done with the greatest diplomacy because the potential for future dealings is very important.T9)The Golf Club is for the team leaders to agree to meet formally in some environment which encourages mutual trust and openness.F (informally)10)When the negotiations between teams get bogged down,it is useless to set up a sub-group.F (helpful to set up)