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1、Lecture Two,Principles of Business Negotiation,4Cs in Negotiation,The context of the 4Cs in which negotiation takes place.谈判要明确的四点背景内容 Common interests (谈判者追求的目标) Conflicting interests (要谈的内容) Compromise (取舍点) Criteria or objectives(明确目标及实现的准则),Negotiation environment,The composition of internationa
2、l negotiation environment:会影响谈判的战略和策略 1.Political system 2.Economical system 3.Social system 4.Cultural system,Some Basic Negotiation Principles,Principle of willingness ( premise of negotiation ) Equality Principle ( foundation of negotiation ) Principle of Mutual Benefits ( aim or goal of negotiat
3、ion ) 4. Principle for Common interests ( key of negotiation ) 5. Principle for efficiency ( guarantee of negotiation ) Principle of legality (foundation of negotiation),Equality Principle: 1) It means both parties are equal in law status. They have equal rights and obligation. They do business out
4、of their own needs and they are informed of each other to enjoy mutual benefits. 2)When one party takes much less than is given, the other party will feel reluctant to continue negotiating. Hence either party should be well prepared for the negotiation and ready to satisfy each others needs on an eq
5、ual basis.,Principle of Collaborative Negotiation (CN),The six guidelines for CN Acknowledge the concerns of the other side and focus on interests rather than positions. Encourage joint fact finding. 3. Offer contingent commitments to minimize impacts if they do occur, and promise to compensate know
6、able but unintended impacts.,4. Accept responsibility, admit mistakes, and share power. 5. Act in a trustworthy fashion at all times. 6. Focus on building long-term relationships The collabrative negotiation focuses on interests rather than positions, place value on relationship.,Principled Negotiat
7、ion (It is particularly oriented to collaborative negotiations.),Four key words are focused: People & problems Interests or position Options for mutual gains Criteria: insist on using objective criteria (continued for more details),Separate the people from the problem People problems are often cause
8、d by inaccurate perceptions, inappropriate emotions and poor communication. Three techniques are recommended: Establish an accurate perception Cultivate appropriate emotion Strive for better communication,1) Establish an accurate perception. Conflict ,very often, is not caused by what happens, but b
9、y how people perceive what happens. Increase the capability of each party to see the other sides point of view by reversing roles. Avoid blaming the other party for your problem,2) Cultivate appropriate emotion. Your emotion affects that of the other party. Recognize and understand emotions of both
10、parties. Make emotions explicit and legitimate Allow the other party to let off steam. Stay calm with the other partys emotional outbursts.,3) Strive for better communication. Be an active listener and acknowledge what is being said. Speak to be understood. Avoid being judgmental or debating the oth
11、er party as an opponent. Avoid criticism that may hurt the other partys feelings.,Discuss the problems before proposing a solution. Be concrete but flexible. Be hard on the problem but soft on the people.,2. Focus on interests instead of positions Identify the self-interests Discuss interests with t
12、he other party,1) Identify the self-interests. Respect your counterparts as human beings and recognize the needs and interests that underlie their positions. 2) Discuss interests with the other party Give your interests a vivid description. Be specific. Demonstrate your understanding of the other pa
13、rtys interests and acknowledge them as part of the overall problem that you are trying to solve.,3. Invent options for mutual gains The brainstorming of options prior to decision-making is a critical piece for the success of the collaborative negotiation process. The ability to invent options is one
14、 of the most useful assets a negotiator can have. 1) Separate the act of inventing options from the act of judging them 2) Develop as many options as possible before choosing one 3) Search for mutual gains 4) Find ways to help make the other partys decision easy,1) Separate the act of inventing opti
15、ons from the act of judging them,Before brainstorm During After,2) Develop as many options as possible before choosing one,Look at the problem through the eyes of different experts. Change the scope of a proposed agreement-break down the problem into smaller units. Agreements may be partial, involve
16、 fewer parties, cover selected subject matters, or remain in effect for a limited period of time.,3) Search for mutual gains,Shared interests exist in every negotiation; they are opportunities, not godsends;,4) Find ways to help make the other partys decision easy,Your success in a negotiation depen
17、ds upon the other partys making a decision you want; therefore, you should do what you can to make that decision an easy one.,4. Insist on using objective criteria (such as standards independent of wills of any party; legitimate and practical; acceptable to all parties) They are standards or princip
18、les which the parties believe in and which are not under the control of any single party, such as market value, scientific judgment, moral standards, tradition, course of dealing , a flip of coin, ect. Frame each issue as a joint search for objective criteria: one example Jointly discuss which stand
19、ards are most appropriate and how they should be applied Never yield to pressure, only to principle,1)Frame each issue as a joint search for objective criteria:, “Look, you want a high price and I want a low one. Lets figure out what a fair price would be.” If the seller starts by giving a position,
20、 such as “the price is 80,000”, ask for the theory behind that price. Treat the problem as though the seller too is looking for a fair price .,合作原则谈判法,一对事不对人 二 着眼于利益而非立场 三 制定双赢方案 四 引入客观评判标准,合作式谈判,合作原则谈判法即著名的哈佛原则谈判法,它的主要代表人物是罗杰费希尔和威廉尤里。 合作原则谈判法的核心和精神实质是通过强调各方的利益和价值,而非讨价还价本身,以及通过提出寻求各方各有所获的方案来取得谈判的成功。
21、 合作原则谈判法由以下四个部分组成: 对待谈判对手:对事不对人; 对待各方利益:着眼于利益而非立场; 对待利益获取:制定双赢方案; 对待评判标准:引入客观评判标准 。,一、对事不对人,谈判气氛是决定谈判各方关系的一个重要因素。 合作原则谈判法对谈判存在的几类问题提出如下解决方法: 发展移情法 (1)从对方的立场看待问题; (2)避免因自己的问题而责备对方; (3)协助对方参与到解决问题中去。,一、对事不对人,正确看待情绪 (1)允许对方发火; (2)恰当看待情绪的爆发。 加强沟通 (1)注意倾听并总结听到的情况; (2)避免给对方打分并将对方当做辩论的对手; (3)不严厉指责对方的错误。,二、
22、着眼于利益而非立场,找到各方的共同利益是取得双赢结果的一个关键点。 为帮助各方做到着眼于利益而非立场,可以从以两 个方面着手 : 明确利益 (1)探寻妨碍我方的对方利益; (2)从不同的角度审视对方的不同利益; (3)透过对方的立场看到对方的人性需求。 讨论利益 (1)总结并接受对方的利益; (2)在提出解决方案前表达自己的见解或提出问题; (3)在解决问题时尽量不追究过去的矛盾而应朝前看。,三、制定双赢方案,在谈判中,人们极易陷入对自己的立场讨价还价之 中原因有两个: 1、由于谈判的内容属于非输即赢类型的; 2、人们往往把问题的解决方法限制在很窄的范围内。 总的说来,阻止人们寻求建设性替代方
23、案的原因有 以下三个: 1、认为分配方案保持一成不变。 2、是只寻求一种答案。 3、是在提出方案时只考虑满足自己利益和需要的解决办法。,三、制定双赢方案,针对以上问题,原则谈判法可总结如下: 诊断。 (1)放弃对方利益的满足一定是以我方的付出为代价的观念(2)鼓励各方共同解决问题; (3)在对方未做好充分准备之前不预先锁定在一种方案上。 提出创建性方案。 (1)将提出方案和评价方案分开; (2)在确定最终解决方案之前先提出几个可供选择的方案; (3)寻求各方的共同利益和互补利益; (4)寻求使对方容易接受的方案。,四、引入客观评判标准,在判断一个标准是否属于客观标准时应从以下几个方面考虑: 客
24、观标准应当独立于所有各方的主观意志之外, 因而它可以不受任何一方的感情影响。 客观标准应当具有合法性并且切合实际。 客观标准应当具有科学性和权威性。 下面的几个步骤是对第四部分的总结: 寻求不同的客观标准; 探讨不同客观标准的可行之处; 寻求公正的处理程序。,四、引入客观评判标准,某种方法是成功还是失败,根据罗杰费希尔和威廉尤里的观点可以从以下三个方面做出判断: 一项可能达成的协议应当最大限度地满足各方的合法利益,解决他们之间的冲突,同时保护公众的利益不受损害。 协议应当是高效的。 协议应当改善,或至少不伤害各方的关系。,Principle of Interest Distribution,W
25、hile the traditional competitive approach to negotiation tries to maximize one partys gain over the other partys loss, the collaborative approach focuses on parties with divers interests working together to achieve mutually satisfying outcomes. Interest Realization,Different levels of interests: Per
26、sonal interests Organizational interests National interests In negotiation at the domestic level, there are two types of interests involved: personal and organizational; at the international level, there are three: personal and organizational and national.,Personal& Organizational,Personal interests
27、 are in line with those of the organization- the negotiator will try his best to push for the most attractive deal for the organization. If not, the organization therefore suffers loss.,Personal & National,While personal interests seem easier to be in line with organizational interests, national one
28、s sounds remote and indirectly connected with personal ones. try his best to defend the interests of country.,Organizational & National,By requesting assistance from the government, organizations can still have strong influence on governments decision-making. Organization, on the other hand, paying
29、under attention to their own interests at the negotiating table will undermine or jeopardize national interests.,When there is a conflict between them, the organizational interests must be subordinate to the national interests.,利益分配法则,任何在国内举行的谈判都至少涉及两个层次的利益,有时是三个层次的利益:即个人利益、集体利益和国家利益。这三层利益如何融合、协调和平衡
30、对谈判结果常常起着决定性的作用。 一、个人利益与集体利益按照美国心理学家马斯洛的观点,人类的需要可以划分为五个层次:,利益分配法则,二、个人利益与集体和国家利益,二、个人利益与集体和国家利益 个人利益由于和集体利益之间的内在和直接的关联比 较容易取得一致,个人利益在多数情况下可以服从集 体利益,但可能有时与国家利益不能形成一致。从个 人利益的角度看,国家利益有时显得遥远,与个人利 益之间关系比较间接,因此国家利益常常被视为是一 个指导原则。,Principle of Trust in Negotiation,Three types of trust in professional relati
31、onships: Deterrence-based trust(威慑型信任) Knowledge-based trust(了解型信任) Identification-based trust(识别型信任) Question: How to build trustworthiness?,Deterrence-based trust(威慑型信任),People trust or expect that they will be punished if they do or do not do something based on consistency with past behavior.,Kno
32、wledge-based trust(了解型信任),People trust or expect that the other person will act in a certain way based on what they have learned about that person. Predictability is based on their understanding of the other persons actions, thoughts and intents, not just his past behavior.,Identification-based trus
33、t(识别型信任),People trust or expect that they can act on behalf of the other person because they share the interests, values and concerns of the other person very well. It involves substantial internalization of the other persons desires, intentions, values, and so on.,Trust Building,Six strategies for
34、building trustworthiness: Speak their language Manage your reputation Make a dependence a factor Make unilateral concessions Name your concessions Explain your demands,Speak their language,It helps to : Understand technical terms and lingo(行话,难懂的方言). Catch the nuance(法语:细微的感情) and cultural implicati
35、ons behind whats being said. Learn how the other side uses words to convey ideas.,Manage your reputation,Make your reputation a tool in negotiation by providing references from mutually trusted third parties that speak for your character and competence or by offering other forms of evidence of past
36、success such as media or trader reports.,Make a dependence a factor,Trust between parties will increase when both sides believe that they need each other to achieve their individual goals. Start the trust-building process by highlighting the unique benefits you can provide and by emphasizing the dam
37、age that might result from an impasse(僵局) A negotiator who sensed he has no other recourse may come to trust even his “enemy”.,Make unilateral concessions,A carefully crafted (诡计,手腕)unilateral(单方面) concession can work wonderfully for trust。 A true unilateral concession requires no commitment or conc
38、ession from the other side.,Name your concessions,Negotiators are motivated to discount and devalue each others concessions to relieve their obligation to reciprocate(报答). Unnoticed or unacknowledged concessions may lead to confusion, resentment or unaccommodating behavior by the slighted party. Whe
39、n making a significant concession, make it clear to the other party how much you have given away and what the sacrifice means to you.,Explain your demands,It helps avoid misunderstanding of your motives and intentions from the other party. An offer that is explained and justified may preserve trust
40、and enhance it as well.,信任法则,一、如何决定信任与被信任 二、信任的效应 案例研究:新产品的市场调研,信任法则,一、如何决定信任与被信任 判断一个人是否信任他人或者被他人信任的因素有三个:信息、影响和控制。 个人如果向另一个人透露了他没有必要透露的信息就表明他信任这个人。 一个人如果受另一个人的影响则说明他信任这个人。 一个人对别人表示信任时会下放权力并允许他人以自己的名义行事和做出决定。,二、信任的效应,增进相互信任的途径和方法 : 1、通过在对孩子的教育中、在职业培训中和谈判中建立信任奖励机制的方法来促进相互间的信任。 2、通过彼此间在信任行为上的训练,逐渐地在人
41、们的观念上建立起对信任的信心,这些行为训练包阅读案例研究“新产品的市场调研”,并回答问题: (1)你认为唐先生和田小姐开始谈话时是在相互信任的气氛中进行的吗? (2)谈话在什么时候向着相互理解的方向转变?,(3)你认为唐先生不向田小姐透露他需要的设备数量的确切数字合适吗? (4)你认为在谈话结束时双方是否建立了友好关系?这对于他们今后的贸易往来是否重要?括信息提供、接受影响、自我控制、做出让步等方面。 3在谈判中如果有不信任情绪存在,不要回避,而应当与对方开诚布公地讨论引发不信任的原因是什么,因为不信任往往是由于相互间不理解和误会造成的。加强沟通和了解是建立信任的基础。,Principles
42、to make you a smarter negotiator,Get the other-side to commit first Act dumb, not smart Think in real money terms but talk funny money Concentrate on the issues Always congratulate the other side,Questions to think about,What do you think are the most important guidelines for negotiation? Suppose yo
43、u are doing business in a foreign country, what will you wish to know before entering upon a negotiation? If you have conflicting interests with the other negotiation party, what will you do to achieve mutual gains?,Question 1 Be cooperative, not aggressive. Concentrate on issues, have your emotion
44、in check and never go for personal attack. Dont jump to decision. Know your partners. Make sure you know your interest and the other partys interest as well. Dont bargain over positions. Always remember to put yourself in their shoes. Be creative in problem solving. There is always another alternati
45、ve.,Question 2 Have some knowledge of the cultural, social, economic and political characteristics of the country you are doing business with. While in Rome, do as the Romans do. For example, American people are direct and straight in doing business while the Asians tend to take their time and prefe
46、r extended warm-up before entering into negotiation.,Question 3 Besides conflicting interests, both sides have common interest. Identify those interests and find ways to reconcile them. Acknowledge their interests as part of the problem. Cooperation and compromise are needed to settle conflicts. Inv
47、ent options for mutual gain.,Some useful expressions to remember,If you stand firm, theres no point in further discussions. We might as well call the whole deal off. 要是你坚持的话,我们就没有必要再谈下去了。我们还不如取消这笔生意算了 2. We have received offers much lower than yours. So business depends very much on your price. 我们已收
48、到了比你方报价低得多的报价。因此,这笔生意能否成交主要取决于你们的价格。,Some useful expressions to remember,3. I suggest we meet each other halfway so that the business can be concluded. 我建议我们大家折中一下,这样就能做成生意了。 4. I dont think I can accept it right now, as it is beyond my negotiating limit. 我想我现在没法接受这一点,因为这超出了我的谈判限度。 5. The size of ou
49、r order depends on your price. If your price is attractive, were going to placeSlush-and-burn Slush-and-burn a large order with you. 我们定购的数量取决于你们的价格。要是你们的价格有吸引力的话,我们就下大订单。,Questions for discussion,1. There are diverse principles in business negotiation, and what do you think are the most important guidelines for collaborative negotiation? 2. Suppose you are doing business in a foreign country, what will you wish to know before entering upon a negotiation? 3. How to become a power n
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