Traditional Culture Encyclopedia - Traditional culture - How to make a plan for negotiation?
How to make a plan for negotiation?
Reprinted two for reference. \x0d\ Business Negotiation Plan \x0d\ I. Background of the negotiating parties' companies \x0d\ 1. Analysis of Party A's company (China Import and Export Trading Corporation) \x0d\\\x0d\ China Import and Export Trading Corporation was founded in 1978 and is China's first large-scale enterprise combining industry and trade to focus on the international contracting of projects and the import and export of complete sets of equipment. The company has carried out a series of reforms under the framework of modern enterprise\x0d\ governance structure and management mode, and the construction of internationalization, industrialization, grouping and specialization has been steadily advancing, and through the initiation of the establishment of Zhongcheng Import and Export Corporation Limited\x0d\ has gained the channel of direct financing in the stock exchange market, enlarging the scale of capital, and improving the capital knot, and the company is one of the 500 enterprises with the largest volume of import and export of the whole country. The company is one of the largest 500 enterprises in the country in terms of import and export volume, and has been selected as one of the 225 largest international engineering contractors in the world by Engineering News Record of the United States continuously since 1996 \x0d\. It is a comprehensive enterprise group integrating trade, industry, science and technology and services. The company organically combines the development\x0d\ of its traditional advantages with its development strategy and planning, strengthens its management, controls risks, standardizes its operation, deepens its reforms, and, relying on the two markets of the international and domestic markets, and taking the import and export of complete sets of equipments\x0d\ and technologies, engineering contracting and leasing operations, and related services as its pillar industries, is now moving towards the direction of a stronger comprehensive strength, excellent quality of assets, advanced level of management, and a stronger creative\x0d\ of services. At present, the company is making solid progress towards the strategic goal of a multinational enterprise group with strong comprehensive strength, excellent quality of assets, advanced management level, strong innovative ability and strong competitiveness. During the company's operation, it has been selected as one of the world's largest 225\x0d\ international engineering contractors by the U.S. Engineering News Record magazine for many years in a row, a designated demonstration unit of China's foreign trade enterprise credit system, a special award for foreign contracted projects for the year 2000-2002, an A-class enterprise in terms of tax payment credit, an AAA-class credit enterprise and other \x0d\ honorary titles. The company takes Loyalty (representing the traditional morality of the company), Harmony (representing the connotation of the company's style), Seeking (representing the company's spiritual orientation), and Tuji (representing the company's goal \x0d\ result) as the spirit of enterprise. In the face of the future, Zhongcheng Group will accelerate the pace of reform, to "abide by international standards, provide quality service" for the purpose of continuing to work with the world's governments and industrial and commercial circles \x0d\ in a wider range, wider areas, higher level of mutually beneficial **** win economic, trade and technical cooperation, hand in hand **** create a better tomorrow. \x0d\\\x0d\ 2, party B company (Japan's Mitsubishi Heavy Industries, Inc.) analysis \x0d\\\x0d\ Mitsubishi Heavy Industries, is Japan's largest military production enterprises. 2003 since the Defense Agency to accept military orders amounted to 280 billion yen, ranked the first of the various military industrial enterprises. After the resumption of diplomatic relations between China and Japan, Mitsubishi attaches great importance to the production of machinery and equipment research and development, the company last year formulated the company's business development plan for the next four years, which clearly expresses the commitment to China, Asia, North America and Europe and other four important regions to expand business ambitions. In particular, the company will consolidate its partnerships, joint ventures, and sales and service networks in China, and focus on developing its business in China in order to make a greater contribution to the country. The company has now established 18 companies and organizations in China, employing approximately 2,200 people, and is committed to the localization of its business. Mitsubishi Heavy Industries will continue to expand its business in China in the future. \x0d\\\\x0d\\ 2, Subject and Content of Negotiations. \x0d\\\\x0d\ 1 Theme: To solve the problem of direct and indirect losses caused by the quality defects of 5,840 Nissan FP-148 trucks imported from Japan to China and to make claims. To maintain a good and long term relationship between the two parties. \x0d\ 2. Place of Negotiation Beijing Xiangshan Hotel. \x0d\ 3. Negotiation Period: December 30, 2007~January 5, 2008 \x0d\ 4. Negotiation Method: Formal Group Negotiation. \x0d\ 5. Relevant information related to the dispute: \x0d\\\\x0d\ A Party A's information intelligence through market research: \x0d\\\x0d\ (1) Defects of FP-148 trucks are as follows. \x0d\ Defects Occurrence rate % \x0d\ Tires cracked 10\x0d\ Windshield cracked 5\x0d\ Circuit failure 30\x0d\ Rivets shattered 20\x0d\ Frame cracked 10\x0d\ There is one or more defects 70\x0d\ A A Party A has the inspection video of the inspection authorities in China and the commodity inspection certificate issued (its statistics are shown above), and its quality defects all appeared in the Warranty period. \x0d\\\\x0d\ (2) Transactions concerning automobiles \x0d\ 1) Enough to enter the price of 6,632,000 yen (according to RMB1=JPY16.58 in foreign exchange) per car; \x0d\ 2) Enough to enter the number of 5,840; \x0d\ 3) The trucks were manufactured for export to China, taking into account the actual situation of the roads in China; \x0d\ 4) Scraping of the Palace of the strong quality issues of the The terms of the contract are as follows: \x0d\ A major quality problems in major components such as engines, shock absorbers, frames, etc., the Japanese side need to replace the whole machine package or parts package, the replacement cost paid by the Japanese side; \x0d\ B general parts damage and failure, its repair by the Japanese side is responsible for the cost of materials, the cost of repairs by the Japanese side of the amount of money paid by the Japanese side (within the warranty period of 2 years); warranty outside of the period of the Chinese side of the self-care: \x0d\ C there is one or more If the percentage of defective vehicles exceeds 5% of the total number of vehicles, the Japanese side shall compensate the Chinese side for the direct and indirect economic losses, and the direct economic loss compensation shall be calculated on the basis of four thousandths of the price of each vehicle, and for every defective rate exceeding 5%, the rate of the direct economic loss compensation shall be upgraded by one grade. \x0d\\\x0d\ (3) Previous dealings between Party A and Party B \x0d\ Party A has ordered large quantities of Party B's automobiles in fractions of a second on several occasions, and has never had such a serious problem with the quality of such large quantities, and has been able to solve some of the quality problems that have arisen in the past. Therefore, the two parties have had good dealings in the past, and have built up a good relationship of friendship for this reason \x0d\\x0d\ B Party B's information and intelligence to Party A: \x0d\\\x0d\ 1) The Japanese side is extremely worried about the damage to the company's reputation and image, and has the intention to settle the case as soon as possible; \x0d\ 2) As for the indirect economic loss, Party A calculates that Party B will have to pay 7.6 billion yen in compensation according to China's method of calculation, but if it were calculated according to the international method of calculation, then Party B would have to pay 5 billion yen in compensation; \x0d\ 3) the dispute should be dealt with appropriately and as soon as possible. \x0d\ 4) There can be three ways for dealing with the car quality problem \x0d\ A Ship the car back to Japan for repair \x0d\ B Party B sends personnel with repair parts to China for repair \x0d\ C Spend the compensation for the direct economic loss on the repair (at Party A's own expense). \x0d\\ The size of its cost expenditure is obvious: Option 1 \x0d\\\\corresponds to Option 2 \x0d\corresponds to Option 3. \x0d\\\\x0d\ 3, Negotiation Team Composition \x0d\\\x0d\ Main Negotiator: Xiao Yongsheng Plenipotentiary for Company Negotiations \x0d\ Decision Maker: Li Na, Xu Jingsheng Responsible for research and analysis of major issues and final decision-making \x0d\ Technical Advisor: Guo Hongfang, Kang Liao Responsible for technical testing, metrology and guidance \x0d\ Legal Advisor: Xing Xiaoyu Solving relevant legal information and dispute handling \x0d\ x0d\\\x0d\ Four, the form of negotiation (the advantages and disadvantages and interests of both sides) analysis \x0d\\\x0d\ 1, Party A's core interests: A require the other party in the shortest possible time to pay for the direct and indirect losses caused by Party B to the Party A\x0d\ B for the trucks have appeared in the quality of the problem of the Party B should be promptly carried out technical guidance and maintenance \x0d\ C to maintain the two sides of the long history of good relations of cooperation \x0d\\\x0d\ C Advantages of Party A: A we have strong capital, first-class reputation, broad national market \x0d\ B truck quality problems mainly due to the imperfect level of Party B's processing technology caused by the contract and the market survey report and related records as evidence, we accounted for the initiative of the law \x0d\ C our company and the existence of a long-term experience of cooperation with the B company to establish a good relationship, is the Party B's important and long-lasting customers \x0d\ D Company B has agreed to compensate in terms of funds and technology just with our expected gap \x0d\ E Party B in order to maintain corporate image and reputation, there is the intention to reconcile as soon as possible and put forward a solution \x0d\\\x0d\ Party A disadvantages: A Company B is Japan's largest military production enterprises, heavy machinery and equipment in the international impact of the large and authority \x0d\ B domestic law and international law on the calculation of consequential damages there are differences in the provisions that may affect our interests that the relevant provisions of the law on the other side of the strong, the other side \x0d\ C this batch of trucks production specifically designed according to the road conditions in China, if we return the trucks will be caused by the Party B caused significant losses, a serious impact on the two sides of the long-term relationship \x0d\ D trucks problems and not entirely due to the quality of Party B products. \x0d\\\ 2, Party B's core interests: A minimize the amount of direct and indirect losses caused to Party A \x0d\ B solve the quality problems of the trucks sold to China in the best way and at the least cost \x0d\ C negotiate peacefully to minimize the losses of the two sides and maintain a long-term relationship of cooperation \x0d\ \x0d\\ B Advantage of Party B: A relevant laws on costing are favorable to our side \x0d\ B possess the right to interpret and take the initiative in the use and maintenance of equipment and are in an old position in this field \x0d\ C quite strong and particularly rich in capital to bear the cost of the loss \x0d\ D long term cooperation with Party A can emotionally minimize the loss \x0d\\\x0d\ B Disadvantage of Party B: A Objective product quality problems, and have favorable evidence, can not be denied \x0d\ B this his transactions in large quantities, the amount of high, heavy losses \x0d\ C the other party is a long-term partners, this accident may affect the feelings of both parties \x0d\ V, negotiation objectives \x0d\\\x0d\ 1, the strategic objective: \x0d\ Peaceful negotiation, a practical solution to the Japanese imported to China 5840 Nissan FP -148 trucks quality defects caused by direct and indirect losses, require the Japanese side to send professional technical and maintenance personnel to deal with maintenance of trucks with quality problems, if possible and train a group of technicians with that level in China. \x0d\ 2. Emotional objective: through the process of coordinating and resolving disputes, to continue to maintain a good and long-term cooperative relationship between buyers and sellers and to deepen mutual trust \x0d\ 3. Claims objective: to fight for the direct and indirect losses calculated by our side after market research and study \x0d\\\ x0d\ 1. Name of the plan \x0d\\ x0d\ Write the name of the plan as specifically as possible, for example. \x0d\\\x0d\ Second, the background of the activity: \x0d\\x0d\ This part of the content should be based on the characteristics of the planning book in the following items selected content to focus on; the specific items are: a brief description of the basic situation, the main implementation of the target, the recent situation, the organization, the reasons for the activities carried out, the impact of the community, as well as the motivation for the purpose of the relevant. Next, the environmental characteristics of the problem should be described, taking into account the inherent strengths, weaknesses, opportunities, and threats of the environment, and making a comprehensive analysis of it (SWOT analysis), focusing on the factors of the environmental analysis, describing the past and present situation in detail, and making plans by forecasting the situation. If the environment is unknown, the analysis should be supplemented by conducting research and other means. \x0d\\\x0d\3 The purpose, significance and objectives of the activity: \x0d\\x0d\3 The purpose and significance of the activity should be stated clearly in clear and concise language in terms of the main points of the purpose; in stating the main points of the purpose, the core components of the activity or the uniqueness of the plan and the resulting significance (economic benefits, social benefits, media effects, etc.) should be clearly written. The objectives of the activity should be specific and need to meet the importance, feasibility and timeliness \x0d\\\x0d\ IV. Resource Needs: \x0d\\\x0d\ List the human resources needed, material resources, including the place to be used such as the classroom or the use of activity centers are listed in detail. It can be listed as both resources available and resources needed. \x0d\\\x0d\ V. Activities to be carried out: \x0d\\\x0d\ As the main body of the plan, the presentation should be concise and clear so that it can be easily understood, but the presentation should be as exhaustive as possible, and every point that can be envisioned should be written without omission. In this part, not only limited to the expression in words, but also appropriate to include statistical charts, etc.; the planning of the various work items, should be arranged in chronological order, drawing the implementation schedule helps program verification. The organization of the staff, the object of the activity, the corresponding authority and responsibility, and the time and place should also be described in this part, the implementation of the contingency procedures should also be considered in this part. \x0d\\\x0d\\ Here are some reference aspects that can be provided: venue setup, reception room, guest seating, sponsorship, contractual agreements, media support, campus publicity, advertisement production, hosting, leadership speeches, master of ceremonies, venue services, electronic backdrops, lighting, sound, videography, information liaison, technical support, order maintenance, attire, command center, on-site atmosphere regulation, pick-up and drop-off of vehicles, and post-event Cleaning up after the event, group photo, catering, and follow-up contact. Please adjust yourself according to the actual situation. \x0d\\\\x0d\ VI. Budget: \x0d\\\\x0d\ The costs of the event will be set out in a clear and concise manner after specific and thorough calculations based on the actual situation. \x0d\\\\\x0d\\ VII. Issues and details to be noted in the activities: \x0d\\\x0d\\ The changes in the internal and external environments will inevitably bring about some uncertainty\x0d\\\x0d\\ factors in the implementation of the program, so whether there are contingencies when the environment changes, what is the probability of loss, how much damage will be caused, and the contingency measures, etc., should also be stated in the planning. \x0d\\\\x0d\ VIII. Activity leaders and key participants: \x0d\\\x0d\ Business Negotiation Planner \x0d\ I. Negotiation Theme \x0d\ Solving the problem of delayed delivery claims of turbine rotor blanks, maintaining the long-term relationship between the two parties \x0d\\\x0d\ II. Negotiation Team Personnel Composition \x0d\ Lead Negotiator: Hu Da, the company's negotiation plenipotentiary; \x0d\ Decision maker: He Yuxiang, in charge of decision making on major issues; \x0d\\ Technical Advisor: Tao Jia, in charge of technical issues; \x0d\ Legal Advisor: Zhang Weiyan, in charge of legal issues; \x0d\\\x0d\ III. Interests of both parties and analysis of strengths and weaknesses \x0d\ Our core interests: 1, to require the other party to deliver the goods at the earliest time possible \x0d\ 2, to maintain the long term relationship of the two sides \x0d\ 3, to require the other party to pay compensation to make up for the losses of our party. Compensation to make up for our losses\x0d\\\x0d\ The other party's interests: to solve the compensation problem, to maintain the long-term cooperative relationship between the two sides \x0d\\\x0d\ Our advantages: 1, our company occupies a third of the domestic power market, the other party and our failure to reach a cooperation will cause huge losses \x0d\\\x0d\ Our disadvantages: 1, in the law of strikes belong to the force majeure Scope of this point is extremely favorable to the other side, the other side will be based on this refusal to pay compensation\x0d\ 2, the other side of the delayed delivery of our company has brought the loss of profits, reputation\x0d\ 3, our company's shortage of supply of blanks, the impact of the bad, the urgent need to cooperate with the other side, otherwise it will likely to cause even greater losses\x0d\\\ x0d\ The other side's advantages: 1, the legal advantages: the provisions on strikes are force majeure\\\ x0d\ 2, the other party according to the contract, by force majeure generated by the delay in delivery does not apply to the penalty regulations \x0d\\\x0d\ The other party disadvantage: belonging to the breach of contract, facing the negotiations with a number of contracted companies related to the failure to reach an agreement will likely to be in trouble \x0d\\\x0d\ 4, negotiation objectives \x0d\ 1, the strategic objective: decent, pragmatic solution to the claim, focusing on minimizing the loss, and to maintain a long-term cooperative relationship between the two sides. Reason Analysis: It is far more important to let the other party deliver the goods as soon as possible than to ask the other party to pay for the damages, and there is an urgent need to maintain the long-term cooperative relationship with the other party \x0d\\\x0d\ 2. Claim Objective: \x0d\ Quotation: ① Payment of damages: $4.5 million \x0d\ ② Delivery date: Two months later, i.e., in November \x0d\ ③ Technical support: Ask the other party to send a technical consultant team to our company to provide technical guidance. team to our company to provide technical guidance\x0d\ ④ Preferential treatment: Priority supply under the same conditions\x0d\ ⑤ Price target: To make up for our loss, ask the other party to reduce the unit price by 5%\x0d\\\x0d\ Bottom line: ① Obtain a symbolic compensation from the other party, so the other party can admit their mistake and save the loss of our company's reputation\x0d\ ② Deliver the goods as soon as possible far to minimize our loss\x0d\ ③ the other party and our long-term cooperation \x0d\\\x0d\ V. Procedures and specific strategies \x0d\ 1, the opening: \x0d\ Program 1: emotional exchange opening strategy: by talking about the two sides of the cooperation situation to form an emotional *** Ming, the other party to introduce a more cordial atmosphere of negotiation \x0d\\\x0d\ Program 2: to take the offensive opening strategy: to create a low-profile atmosphere of negotiation, forcefully Point out that the other party's delayed delivery of goods to our huge losses, issued a fine of 4.5 million U.S. dollars, in order to create a psychological advantage, so that we are in an active position \x0d\\\x0d\ The other party puts forward the provisions relating to strikes belong to force majeure refused to pay compensation countermeasures: \x0d\ 1, to take the opportunity to play a tactic: listen carefully to the other side of the statement, seize the other side of the problem point, to attack, break through \x0d\ 2, The principle of combining law and facts: put forward our legal basis, and the strike incident analysis \x0d\ to refute it \x0d\\\x0d\ 2, the mid-term stage: 1, the red face and white face strategy: by the two members of the negotiation, one of which acted as the red face, one acted as the white face of the auxiliary agreement to negotiate, the negotiation topic from the positioning of the strike incident to transfer to delivery date and long-term interests, to grasp the rhythm and process of negotiation. Rhythm and process of negotiation, so as to take the initiative\x0d\ 2, layer by layer, step by step strategy: tactfully put forward our expected interests, first easy and then difficult, step by step to fight for the interests\x0d\ 3, grasp the principle of concessions: clearly our core interests, the implementation of the strategy of retreat for progress, one step back and two steps forward to achieve a roundabout way to make up for the full use of leverage in the hands of the appropriate amount of concessions to the compensation amount To exchange for other greater benefits \x0d\ 4, highlighting the advantages: to support the information, to convince people with reason, emphasize the success of the agreement with us to the other side of the benefits, while soft and hard, implying that the other side if the agreement with us will fail to have a huge loss \x0d\ 5, to break the impasse: reasonable use of the pause, first of all calmly analyze the reasons for the impasse, and then can be used to grasp the other side of the form of certainty, the other side of the substance of the method of negation To lift the deadlock, the timely use of the East meets West strategy to break the deadlock \x0d\\\x0d\ 3, the adjournment stage: if necessary, according to the actual situation of the original program adjustments \x0d\\\x0d\ 4, the final stage of negotiations: \x0d\ 1, grasp the bottom line,: the timely use of compromise and reconciliation strategy, grasp the magnitude of the final concessions to be made strictly, at the appropriate time to put forward the final offer, using the Ultimatum strategy \x0d\ 2, burying the opportunity: in the negotiations to form an integrated negotiation, with a view to establishing a long-term cooperative relationship \x0d\ 3, reach an agreement: clear final negotiation results, show the minutes of the meeting and the model contract, ask the other party to confirm, and to determine the time to formally sign the contract \x0d\\\ x0d\ 6, prepare negotiation materials \x0d\ Relevant legal information: \x0d\\\ x0d\ The Chinese People's *** and State Contract Law, International Contract Law, Convention on Contracts for the International Sale of Goods, Economic Contract Law \x0d\\\x0d\ Remarks: \x0d\\\x0d\ The Contract Law breach of contract \x0d\ Article 107 One of the parties does not fulfill the contractual obligations or fulfillment of the contractual obligations does not comply with the agreed upon, it should bear the responsibility to continue to fulfill the contract, take remedial measures or compensate for losses and other breach of contract \x0d\\. The United Nations Convention on Contracts for the International Sale of Goods stipulates that force majeure refers to objective circumstances that cannot be foreseen, avoided or overcome \x0d\\\x0d\x0d\ The model contract, background information, information on the other party, technical information, financial information (see appendix and slide information) \x0d\\x0d\ VIII. Contingency Plan\x0d\\ Both parties are conducting business negotiations for the first time and do not know each other very well. In order to make the negotiations go smoothly, it is necessary to formulate a contingency plan. \x0d\\\\x0d\ 1. The other party admits breach of contract and is willing to pay compensation, but disputes the $4.5 million \x0d\ Response plan: negotiate the price on the amount of compensation, and use a compromise strategy in exchange for benefits in terms of delivery date, technical support, preferential treatment, and so on. \x0d\\\\x0d\ 2. The other party uses the limited power strategy, claiming the limitation of the amount and rejecting our offer. \x0d\ Response: understand the other side of the authority situation, "white face" to argue, the appropriate use of the creation of the reins of the strategy, "red face" and then reveal the other side of the authority of the strategy of the implied way, and the use of circuitous compensation techniques to break through the reins of the situation; or the use of the East meets West The other way around is to use the strategy of "sounding out the other side". \x0d\\\\x0d\ 3, the other side to use the use of the theme of the strategy, on our side of a major issue to seize not to let go. \x0d\\ Response: Avoid unnecessary explanations, change the subject, point out the nature of the other party's strategy if necessary, and state that the other party's strategy affects the negotiation process. \x0d\\\\ 4, the other party based on the law that the strike is force majeure and thus firmly refused to pay compensation in accordance with the contract. \x0d\\ Response: Considering that our strategic objective is to minimize the loss and maintain the long-term cooperative relationship between the two parties, we should take the step of giving up the compensation demand in exchange for other long-term benefits. \x0d\\\\x0d\ 5, if the other party insists on "firmly refused to pay compensation in accordance with the contract", not to make any concessions, and do not respond positively to the delivery date. Then we first highlight the importance of long-term cooperation with us and imply that the failure to reach an agreement with us will have a negative impact on them, and then make an ultimatum. \x0d\\\x0d\\ Note the organizer, the names of the participants, guests, units (if it is a group planning should indicate the name of the group, the person in charge).
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