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1、Business English for NegotiationBusiness English for NegotiationCOURSE ARRANGEMENTv 1. Negotiation Knowledgev (From the book of Business English for Negotiation)v 2. Situational Dialoguesv (From eight dialogues, each group should translate them into English and present)v 3. Negotiation Simulationsv
2、(From negotiation cases, each group should write and produce the plays in English)contentsv Part One: About Negotiationv Part Two: Negotiations on Sales of Goodsv Part Three: Investment Negotiationv Part Four: Technology Trade Negotiationv Part Five: The Impact of Cultural v Differences on Internati
3、onalv Business NegotiationsvRead this part carefully and answer the following questions:v 1.Why do we need negotiation?v 2.What kind of situation does a negotiator usually face?v 3.Why is a final agreement often reached?v 4.What is the relationship between negotiation and business activity?v 5.How m
4、any periods are there in the process of negotiation? And what are they?v 6.Which period is very important?v 7.How to measure the negotiation is successful or not?Part One: About Negotiationv Chapter One: Preparation for Negotiationsv Chapter Two: Structure and Sequence ofv the Negotiationv v Chapter
5、 Three: Negotiating TacticsPart One About Negotiation Negotiation is a dynamic process of adjustment. In import and export trade operations, the buyer and the seller confer together to reach a mutually satisfying agreement on a matter of common interest. This is because each of the parties has his o
6、wn objective in trade operations，eg. the seller intends to sell the goodsservices at a higher price，while the buyer intends to buy the same goodsservices at a lower priceEach party presses for the attainment of its own goalBut some element of cooperation must be present，otherwise there will be no ag
7、reement at all and the opportunity to take part in the activity will be lost. The dual elements of conflict and cooperation are described here： it is in the mutual interest of participants to come to some agreement and this provides a cooperative aspect；however，the interests of participants are oppo
8、sed, and this is the basis for rivalryThe negotiator is pulled in two directions at the same time：towards holding out for more with the risk of losing all；towards agreeing to his opponents demands and securing the bargain with sacrificing the chance of a possible higher reward. The two parties need
9、to adjust themselves by exchanging their ideas on the common interest, and then the negotiation begins. Over a span of time, a final agreement is reached. Maybe neither of the parties is wholly satisfied but both recognize that it is more beneficial for them to agree than to disagree. Negotiation ha
10、s its end result on a basis profitable to both parties. Negotiation is not treated as an isolated event but as an integral part of the total business activity. Links are established in the chain by which goods are traded and services are provided through the agreements negotiatedIn this respect，nego
11、tiation is a function subservient to the general commercial interests of the parties involved and it is directed towards the achievement of their overall objectives The process of negotiation takes place in a series of time scalesThe first one is a period during which the negotiator must prepare for
12、 the negotiation，and execute the initial approachThe second period follows during which the parties must reach agreement for the common interests to be realizedThe agreement itself operates during the third period and may give rise to the need for further negotiationFinally there is the extended per
13、iod during which the parties think of a continuing business relationship and can be regarded as infinite The agreement provides a discipline for the participants in the first two short periodsAnd these two periods affect the value of the outcome. But the extended period is very important if both par
14、ties contemplate a longterm continuing buyerseller relationshipThe parties know that the value of any successful bargain is limited because opportunities provided in the administration of the contract or by other tenders may correct any serious outofbalanceOn the other hand，the bargain may be of sig
15、nificant value in the consequences it possesses for the future, not only because of its actual terms，but also for the manner of its negotiation and its impact on human relationships Success in negotiation is seen not to be measured in points scored off ones opponent，but in the contribution that the
16、negotiation makes to the successful operation of the activity as a wholeThis applies within the negotiation itselfEach party must accept the need to modify its own demands as necessary to meet the requirements of the negotiating objectiveThere is no room in a negotiating team for a certain person to
17、 insist on pursuing limited departmental interests to the detriment of his teams overall success v Read this part and answer the following questions:v 1.Why should we emphasize preparation in international business negotiation?v 2.How many critical steps are there in preparing for business negotiati
18、on? And what are they?v 3.What does the negotiation require?v 4.What kinds of members should the negotiating team include?v 5.What are “other members” for the negotiation?v 6.Why should not the negotiating team exceed five at any time? Part One: About Negotiationv Chapter One: Preparation for Negoti
19、ationsI. Forming the Negotiating TeamII. Creating the Information BaseIII. Creditability StudyIV. Feasibility StudyV. The Negotiating BriefVI. The Negotiating PlanChapter OnePreparation for Negotiations Far too many business negotiations fail because of inadequate preparation on one side or the othe
20、rSo it is important for the participants to make a good job of preparation before the negotiation beginsPreparation is necessary to achieve the highest level of success in business negotiationIn a word，there is no substitution for advance preparation in negotiation arenav Emphasis on preparation in
21、international business negotiation is due to its complexity. It involves activities that take place across national borders, and deals that might have to be transacted in foreign languages with constraints of foreign laws, customs and regulations. The negotiator has to take cultural differences into
22、 account. If foreign currency transactions are necessary, the negotiator must pay attention to exchange rate variations. Foreign/world market situation and the risks of international trade are also within the scope of study before the participants begin the negotiation with his foreign counterpart.v
23、 This chapter will outline the critical steps in preparing for business negotiations. The topics focused on are arranged according to their chronological order. Details will be found in Part Two and Part Three in this book.I. Forming the Negotiating Teamv 1. The Selection and Size of the Negotiating
24、 Team;v 2. Team Leader;v 3. Mental Attitude AdjustmentvIForming the Negotiating Teamv Negotiation is a team sport. It requires the specialized skills, communication ability, team spirit and gamesmanship found in any professional sporting event. If a negotiating team is structured properly and is dep
25、loyed in an effective and timely manner, it can play a critical role in achieving victory at the bargaining table.v If you expect your negotiating team to be effective, it must be organized at an early date, preferably as the first step in preparing for a transaction. The members can foresee the are
26、as covered by the negotiations, and have the technical expertise to deal with the problems effectively. They should also be compatible in temperament with one another.v1The Selection and Size of the Negotiating Teamv The negotiating team should include members in each of the following areas：v commer
27、cial：responsible for the negotiation on price，delivery terms，and commercial policy of risk takingv technical：responsible for the area concerning specification，program and methods of workv financial：responsible for terms of payment，credit insurance，bonds and financial guaranteesv legal：responsible fo
28、r contract documents，terms and conditions of contract，insurance，legal interpretationv If it is an important negotiation，the negotiating team will be comprised of negotiators responsible for the above mentioned areas. Other members for the negotiation include some functional specialistsThe negotiator
29、s function is to negotiate，while the functional specialists provide specialist advise or information.v For negotiation of lesser significance，one negotiator would cover two areas after having been fully briefed on the subject with which he was less familiarFor instance，the legal negotiator might cov
30、er the financial areaTeam of four could be reduced to two；it should not be reduced to one, no matter how well qualified the negotiator isv However, the negotiating team should not be too large. At any time it should not exceed five. It becomes extremely difficult for the team to be kept under contro
31、l if the team number is beyond five. And it is difficult for its activities to be directed towards a single outcome. Arguments are likely to develop between the members of the team themselves during the negotiation session.v It is preferable that a negotiator has the support of an assistant to make
32、notes, do calculations and remind him of any points that he has missed. And this does not leave him to handle the whole bargaining process by himself.v Read this part and answer the following questions:v What kind of person is specially be choson as a team leader?v What should the negotiating team l
33、eader possess and what are their duties?v What information base should the negotiating team create?v What issues should negotiator identify?v How can the negotiators understand whether a problem exists or not?v What should we bear in mind in collecting and assessing the data?v 2Team Leaderv Referenc
34、e has been made specifically to the sales manager or the chief buyer as two obvious examples when choosing a team leaderBut there are also numerous other occasions when an alternative candidate will be proposed.v The negotiating team leader should possess sufficient knowledge of all the problems inv
35、olved in the negotiation - commercial, technical and contractual to enable him to make an intelligent contribution to each item discussed and to direct and coordinate the activities of the functional specialists.v The duties of the team leader are to select the remainder team members，prepare the neg
36、otiating plan, conduct the negotiations and make decisions on (the timing and level of) concessions, selection of trade-off items (against the other), and etc. He is also to make the bargain with the other side, and ensure that the bargain is properly recorded and issue the negotiating report.v Addi
37、tionally, a leader has more general functions to perform. He is the person who generates enthusiasm in his team, maintains the morale under all conditions and obtains the maximum contribution from each member by his own example.v 3Mental Attitude Adjustmentv The team members must learn that the oppo
38、nent and its representatives are adversaries although they may be friendlyThey can and will seek to take financial and contractual advantage of your firm at virtually every opportunity.Part One: Chapter OneII. Creating the Information Base 1. Negotiators Should Identify All Issues That May Be Releva
39、nt; 2. The Negotiators Should Select Those Issues Relevant to the Particular Negotiation 3. The Negotiators Should Get Detailed Knowledge of Relevant Issuesv Creating the Information Basev Once the negotiating team has been organized，the first and most basic step in preparing for a specific transact
40、ion is creating an information base.v Negotiations are conducted under a system of law and within a particular economic，cultural and political frameworkThe framework of international negotiations is derived from two or more sources that will be in conflict with one another to a degreeKnowledge of th
41、is and the ability to apply the knowledge are essential to the achievement of a successful outcome to the contractNote that it is the performance of the contract that is significant，not just the negotiation itselfv Many firms have found out that what they thought was a negotiating triumph in securin
42、g a bargain based on their own terms has turned into a disaster to their cost when the contract has had to be performedFine words in a contract do not alter local ways in which business is conducted or the rules and practice to which it is subject v Factors related to the foreign country，its economi
43、c and physical resources，infrastructure，climate and geography will affect the way in which the work can be performed and the program of implementationAnd they will also affect the cost and the importance of specific contractual termsIt is only possible for these to be assessed if the negotiator is f
44、ully informed as to their applicabilityv 1Negotiators Should Identify All Issues That May Be Relevantv The political system：the extent of state control of business enterprises and its organization；social stability；the extent of political interest in the contractproject and etc.v Religion：The predomi
45、nant religion of the country and its social influencev Legal system：the legal and judicial system；their influences on business，the relevant laws on establishment of a local company and on employment，and etcThe United States-Religion: Protestantism,Catholicism, Mormonism, Judaism;Legal system: the Co
46、nstitution, The U. S. is a common law country. The legal system of every state is based on the common law, except Louisiana (which is based on the French civil code ). Japan-Religion: Shintoism, Buddhism, ChristianismLegal system: Japanese ConstitutionGermany-Religion: Catholicism, Protestantism, Ea
47、stern Orthodox; Legal system: the Constitution, Kuwait-Religion: Islamism The business system: business conduction; significance given to contract, roles of professional advisers (e.g.lawyer); negotiation proceeding (e.g. first the technical and then the commercial. How to make concession?); and the
48、 counterpart of the negotiation (e.g. agency or the operating company) and etc. The social system：social behavior concerning business v The financial and fiscal system: the countrys foreign exchange reserves; the commodities exported for foreign earnings; the currency freely exchangeable within the
49、territory and its restrictions; procedures for obtaining payments in foreign currencies; the countrys record on honouring payment obligations including likely delays; the type of Letter of Credit used in the country; the applicable tax laws, restrictions on remittance of the final payment; regulatio
50、ns on the payment of customs duties; other fees concerning the contract and etc.technical termLetter of Credit: a document issued by a bank that guarantees the payment of a customers draft; substitutes the banks credit for the customers credit.信用证是银行用以保证买方或进口方有支付能力的凭证。信用证是银行用以保证买方或进口方有支付能力的凭证。 在国际贸易
51、活动中，买卖双方可能互不信任，买方担心预付款后，卖方不按合在国际贸易活动中，买卖双方可能互不信任，买方担心预付款后，卖方不按合同要求发货；卖方也担心在发货或提交货运单据后买方不付款。因此需要两家同要求发货；卖方也担心在发货或提交货运单据后买方不付款。因此需要两家银行做为买卖双方的保证人，代为收款交单，以银行信用代替商业信用。银行做为买卖双方的保证人，代为收款交单，以银行信用代替商业信用。银行在这一活动中所使用的工具就是信用证。银行在这一活动中所使用的工具就是信用证。 可见，信用证是银行有条件保可见，信用证是银行有条件保证付款的证书，成为国际贸易活动中常见的结算方式。按照这种结算方式的一证付款的
52、证书，成为国际贸易活动中常见的结算方式。按照这种结算方式的一般规定，买方先将货款交存银行，由银行开立信用证，通知异地卖方开户银行般规定，买方先将货款交存银行，由银行开立信用证，通知异地卖方开户银行转告卖方，卖方按合同和信用证规定的条款发货，银行代买方付款。转告卖方，卖方按合同和信用证规定的条款发货，银行代买方付款。 信用信用证方式有三个特点：一是信用证不依附于买卖合同，银行在审单时强调的是信证方式有三个特点：一是信用证不依附于买卖合同，银行在审单时强调的是信用证与基础贸易相分离的书面形式上的认证。二是信用证是凭单付款，不以货用证与基础贸易相分离的书面形式上的认证。二是信用证是凭单付款，不以货物
53、为准。只要单据相符，开证行就应无条件付款。三是信用证是一种银行信用物为准。只要单据相符，开证行就应无条件付款。三是信用证是一种银行信用，它是银行的一种担保文件。，它是银行的一种担保文件。v Infrastructure and logistical system： the availability in the territory concerning labor， materials for construction； the availability of finding a competent and financially sound subcontractors；restrictio
54、ns on importation of labour，materials and plant； local logistical problems relating to transport； problems relating to weatherv 2The Negotiators Should Select Those Issues Relevant to the Particular Negotiationv This is a matter of obtaining an understanding of some of the points referred to in the
55、above mentioned section so that the negotiators can recognize both the degree of their importance and the extent to which they are interrelated.v The negotiators can obtain data from the following sources in order to understand whether a problem exists or not：v From the organizations in our country，
56、such as MOFTEC(Ministry of Foreign Trade and Economic Cooperation of China 对外贸易经济合对外贸易经济合作部作部) and its provincial committees， foreign trade corporations，banks with particular interest in the territory and newspaperjournal articles；v From overseas，for example，Chinese Embassy and Chinese local compani
57、es, local banks， the agents， other businessmen operating in the territory, local newspaper / journal articles and etc.v In collecting and assessing the data，it is important to bear in mind any bias that may exist in the person from whom the data is obtained and in the data itself. So the negotiators
58、 should collect a number of separate facts and fit them together to form a composite which is likely to resemble reality. The emphasis here is on the facts being separatevQuestions:v 1.Why should we review previously executed agreements?v 2.Why do we need a consultant sometimes?v 3.What is the only
59、to get detailed knowledge of relevant issues?v 4.What is Creditability Study? What contents does it include?v 5.Why is a Feasibility Study necessary?v 6.What does a Feasibility Study include?v Most people do not consider their own contract files as one of the information collection sources. All rele
60、vant previously executed agreements should be analyzed in order to determine what problems have arisen in similar transactions. This review should include all contract-related documents and materials. Problems and solutions relating to prior transactions should be carefully reviewed, because the tec
61、hnique can be equally instructive to the upcoming negotiations.v Additionally, the negotiators should think of having consultants specializing in the type of transaction under consideration if it is a more significant negotiation. The need for consultants should be viewed as neutrally as possible: t
62、heir professional assistance cannot be supplied internally or through your regular attorneys or accountants.v 3The Negotiators Should Get Detailed Knowledge of Relevant Issues The only way to obtain such knowledge is visits to the territory concerned made by suitably qualified personnel. It is neces
63、sary to get generalized data on the territory as much as possible beforehand and try to see something of the country first-hand during the visits without relying on second-hand data. The visitors should retain an objective in mind and do not allow particular events to affect their judgement. And the
64、 visitors should also record the facts impartially and refrain from making judgements in an unbalanced manner.v IIICreditability Studyv Creditability study of the counterpart is done before the negotiation. It enables the negotiators to have an overall picture of the opponent, e.g. the capital held,
65、 the business scope, the annual sales volume, his credit status, and whether the opponent has a confirming bank and etc.technical termv confirming bank: 保兑银行保兑银行是银行业务的专用名词。是银行业务的专用名词。在商业活动中，银行信用要高于商业（企业）信用。由于在商业活动中，银行信用要高于商业（企业）信用。由于商业活动一方对对方的资信不放心，就要求对方提供银行商业活动一方对对方的资信不放心，就要求对方提供银行担保。当商业活动一方对对方提供的银
66、行信用仍不放心，担保。当商业活动一方对对方提供的银行信用仍不放心，就要求对方再提供信誉更加卓著的银行对提供担保的银行就要求对方再提供信誉更加卓著的银行对提供担保的银行的担保，在担保银行不能兑现信用时，由再担保的银行代的担保，在担保银行不能兑现信用时，由再担保的银行代其兑现保证。为银行提供担保的银行叫保兑行。保兑行主其兑现保证。为银行提供担保的银行叫保兑行。保兑行主要出现在银行信用证和银行保函业务中。要出现在银行信用证和银行保函业务中。v The report may be submitted by a reputed bank or by a consultancy service company. The report can be a very simple one (e. g. in export business), or a lengthy one (e. g. creditability study for investment).v Here is a simple fax creditability report submitted by a Deutsche Bank
