Chapter 29 Chapter 29 Types of Negotiations

From this perspective, negotiation can be divided into: vertical negotiation and horizontal negotiation. Vertical negotiation refers to discussing each issue and clause one by one after determining the main issues of the negotiation, discussing one issue and solving one issue until the end of the negotiation.For example, in a product transaction negotiation, after the two parties determine the main contents such as price, quality, transportation, insurance, and claims, they start to negotiate on the price; if the price cannot be determined, other terms will not be discussed, and only after the price is negotiated , before discussing other issues in turn.

The advantages of this type of negotiation are: (1) The procedure is clear and complex issues are simplified. (2) Only talk about one problem at a time, discuss it in detail, and solve it thoroughly. (3) Avoid the disadvantages of multi-headedness and unresolved discussions. (4) Applicable to principled negotiations. However, this negotiation method also has shortcomings, mainly including: (1) The agenda is too rigid, which is not conducive to communication between the two parties. (2) They cannot accommodate each other when discussing issues. When a certain issue is deadlocked, it is not conducive to the solution of other issues.

(3) Failure to give full play to the imagination and creativity of negotiators, and failure to deal with issues in negotiations flexibly and flexibly. Horizontal negotiation means that after the main issues involved in the negotiation are determined, the pre-determined issues are discussed one by one. When there is a contradiction or disagreement on a certain issue, this issue is put behind and other issues are discussed.Discussions go on like this over and over again until everything is agreed upon.For example, in capital loan negotiations, the content of the negotiation should involve issues such as currency, amount, interest rate, loan period, guarantee, repayment, and grace period; if the two parties cannot reach an agreement on the loan period, this issue can be put aside In the back, continue to discuss issues such as guarantee and repayment, and when other issues are resolved, come back to discuss the issue of the payment period.

The core of this negotiation method is flexibility and flexibility. As long as it is conducive to the solution of the problem, the terms of the discussion can be adjusted at any time after negotiation and agreement of both parties.You can also use this method: raise related issues together, discuss and study together, so that there is room for negotiation and compromise between the issues you talk about, which is very conducive to problem solving.For example, if the term of the loan cannot be determined, it can be discussed and negotiated with the interest rate, repayment and grace period to facilitate the solution of the problem.

Sometimes the two parties have to negotiate two or three times on the main issues to be discussed. The first round is only to put forward general opinions and requirements on the listed issues, get to know each other, and exchange preliminary views. Step-by-step identify the issues in question. The advantages of horizontal negotiation are: (1) The agenda is flexible and the methods are diverse.Don't stick too much to the content of the negotiation determined by the agenda, as long as it is conducive to the communication and exchanges between the two parties, any form can be adopted. (2) Simultaneous discussion of multiple issues is conducive to finding flexible solutions.

(3) It is conducive to better exerting the creativity and imagination of negotiators, and better using negotiation strategies and skills. The disadvantages of this negotiation method are: (1) Intensify the bargaining between the two parties, and easily prompt the negotiating parties to make reciprocal concessions. (2) It is easy for negotiators to get entangled in side issues and ignore the main issues. In short, in negotiations, there are either horizontal negotiations or vertical negotiations.As for which form to adopt, it is mainly determined according to the content, complexity and scale of the negotiation.Generally speaking, large-scale negotiations and negotiations involving more than two parties are mostly in the form of horizontal negotiations; while small-scale negotiations with simple business, especially those with a history of cooperation between the two parties, vertical negotiations can be used.

In addition, which way to negotiate is not absolutely unchanged.When the two parties find that the original negotiation method cannot effectively solve and deal with the problems and differences in the negotiation, they can also change the negotiation method and adopt any form recognized by both parties. Due to the various contents of the enterprise's economic activities, the contents of the negotiations are also complex and extensive.The negotiations that are often encountered in the economic activities of enterprises mainly include the following types: Negotiation on the sale of goods refers to the negotiation activities aimed at achieving the success of commodity transactions.This is the most representative negotiation in the transaction negotiation.The content of the negotiation on the sale of goods is very extensive, generally including: subject matter, quality, price, date, acceptance, shipment, responsibility, payment and other terms.

The target is the object to which the rights and obligations of the parties to the purchase and sale refer. This is an important term in purchase and sale negotiations.Quantity must be accurate and scientific in negotiations, and the system of measurement and measurement to be used must be clearly stipulated to avoid misunderstandings and disputes.Quality must also have detailed and clear regulations, and there must be specific quality indicators to avoid and reduce product quality disputes. The price level is directly related to the business results of the negotiating parties.It is one of the most important and most critical content in the negotiation content of the sale of goods, so it is the most concerned matter of both sides of the negotiation.In addition, the method of payment is also very important to both parties.

This is also an unavoidable and unambiguous issue for both negotiators.The time, place and method of delivery should be made clear during the negotiation, otherwise disputes will result afterwards. Acceptance includes the method of acceptance and the time limit for raising objections after acceptance.Acceptance is divided into quantity acceptance and quality acceptance. Quantity acceptance is generally carried out at the time of delivery; quality acceptance shall be carried out according to the standards stipulated in the agreement. After a consensus is reached in the negotiation, what legal responsibility should one party bear if it breaches the contract, and how to sanction the breaching party should be decided by both parties through negotiation.

Labor service negotiation is a negotiation between the buyer and seller of labor services on the form, content, time, price, calculation method and payment method of labor services related to the rights, responsibilities and obligations of the buyer and the seller.Since labor itself is not a material commodity, it is a labor process in which a certain material or object is changed in its nature or shape through special human labor to meet people's certain needs.Therefore, labor service sales negotiations are different from general commodity sales negotiations. There is a big difference between engineering project negotiation and goods sale negotiation.From the point of view of the buyer and the seller, the buyer is the user of the project, and the seller is the contractor of the project.

Engineering project negotiation is one of the most complex negotiations.This is not only because the content of the negotiation is extensive, but also because the negotiation is often attended by more than two parties, the user side, the design side and the contractor side.The contractor may have subcontractors and construction units, while the user may also have investment and management. In engineering project negotiation, the seller, that is, the contractor, obtains profits by increasing the bid price by calculating its labor cost, subcontractor cost, purchaser's raw material and installation equipment cost.Therefore, the higher the price, the greater the profit, but in most cases the buyer chooses his negotiating opponent through bidding.In this way, before the negotiation starts, both parties have a rough estimate of the bid price. During the negotiation, the focus is on various costs and expenses of the project budget, project quality standards, construction period, insurance, etc.At the same time, the reputation and ability of the contractor and the experience of the technicians are all important factors affecting both parties in the negotiation. Engineering project negotiations should generally include the following: Since the project requires personnel to construct, labor costs account for a large proportion of the project budget, and the personnel of both parties should carefully negotiate the reasonable proportion of this part of the expenditure.Such as: wages, bonuses and other expenses. A large amount of building materials such as steel, wood, cement, etc. will be consumed in the construction of the project, and the valuation of this part of the cost must be carefully studied and determined. In order to avoid casualties during the construction process and properly handle various matters after casualties, both parties must clarify the scope of insurance and liability. Both parties should also make it clear that the contracting company is responsible for providing a progress report on the percentage of completed work; at the same time, the buyer should also verify the seller's project progress report in a timely manner. The more detailed the discussion about the service scope and responsibilities of the contracting company, the better; otherwise, the two parties only generally stipulate their respective scope of responsibilities in the contract. high price. During construction of a project, design changes are almost inevitable.During the negotiation, the two parties should clearly stipulate who has the right to request and approve design changes, and through what procedures; how the contracting company should calculate the necessary change costs, so as to prevent the contracting company from asking for excessive prices for the changed design. Both parties should also consider how to specify in the contract due to the increase of labor costs and the impact of price changes in material costs during the construction period. The equipment formulated by the manufacturer may be changed during the installation process, so the original manufacturer's instructions and guarantees for installation requirements and operating numbers may become invalid.Therefore, in order to avoid problems in future use and unclear responsibilities, both parties should clarify who is responsible for the guarantee during the negotiation. The contracting company may subcontract the contracted tasks to other companies. If other companies do not get the payment due from the contracting company, they may refuse to transfer the ownership, thus affecting the interests of the buyer.Therefore, both parties should clearly stipulate the responsibilities and compensation methods of both parties when the above situation occurs in the negotiation. Others such as force majeure, licenses and permits, infringement of patent rights, etc. are all involved in the negotiation between the two parties and must not be ignored. Finally, it needs to be emphasized that during the construction process, the buyer may often make some adjustments to the design to improve the construction level or change the scope of the project.If a clear cost calculation standard cannot be stipulated, it is likely to be exploited by the contractor. Many contractors rely on design changes to obtain "extra income" to compensate for the low or no profit of the initial bid. Technology trade refers to paid technology transfer, that is, the behavior of transferring a certain technology from a seller to a buyer through buying and selling. There is a certain difference between technology trade and commodity trade.This is due to the fact that technology is a special product that does not have a visible shape like general commodities, which can be measured and tested for quality.Technology is not a thing, but exists in the form of knowledge, such as an invention or a new manufacturing process and technical data.Technology must be "condensed" in the labor force and means of production before it can be turned into material power and its use value can be fully reflected. In technology trade, when one party transfers a certain technology, it usually introduces what kind of new technology can be realized by using the technology, what new products can be produced, or what kind of expected goal of improving production conditions can be achieved.Whether this expected goal can be achieved, for the technology importer, can only be evaluated after signing a technology transfer agreement and using the technology. The process of commodity exchange is relatively short-lived.After a transaction is completed, the buyer-seller relationship between the two parties is terminated.However, technology transactions are often a very complicated process. It often takes a long period of time from negotiation and contract signing, technology transfer to production benefit.Therefore, in technology trade, a contract must be signed for every transaction, and the disputes that may arise in the process of technology transfer must be clearly stipulated. Technological secrecy is another feature in technology transactions.Commodities are not kept secret before they are sold, and they can even be tried first.But in the technology market, potential suppliers keep technology secret in order to protect their own interests.Before the technology transaction is signed, the recipient is kept confidential, or unwilling to disclose the key details of the technology.To some extent, this will also affect the conduct of technology transaction negotiations. Technology transaction negotiations are generally divided into two parts, namely technology negotiations and negotiations.Technical negotiation is a negotiation between the supplier and the recipient on the name, model, specification and technical performance of the relevant technology and equipment, as well as quality assurance, training, trial production, and acceptance. Whether the equipment meets the reality and requirements of the unit, and finally determine whether to import or not. Negotiation is the negotiation between the supplier and the recipient on the terms of price, payment method, taxation, arbitration, claim and so on.Through negotiation to determine reasonable prices, effective ways and methods, and how to smoothly transfer technical equipment from the supplier to the recipient. To sum up, technology trade negotiations should include the following aspects: 1. Clarify the scope of the agreement project and technology transfer Including product design, manufacturing process, testing methods, quality control, material formulation, etc.Among them, the series, model, specification, and required technical parameters of the contracted products must be specified in a separate attachment.This is the standard basis for both parties to check and accept the contract products, that is, to clarify the level that the recipient should achieve by using the imported technology to produce products.If equipment and materials are imported at the same time, it should also be clearly stipulated. 2. Clarify the supplier's responsibility for timely provision of information Clarify all relevant technical data and technical information that the supplier must provide in a timely manner, and stipulate the responsibility that the supplier should bear if the materials provided are incomplete or not in time.The clear rules include the list and number of technical materials, the quantity of various drawings, the time and place of data delivery, etc. 3. Clarify the ownership of technology transfer The introduction of technology involves issues such as the right to use patents and trademarks.The recipient must clarify whether it is necessary to import patents, the actual situation of the supplier's patents, and the duration of each patent. 4. The technology clearly provided is owned by the supplier and is in use 5. Terms of technical service The two parties should make it clear that the supplier assigns technical experts to help implement the technology, and the date, place, frequency, personnel, and cost of producing qualified products. 6. Training recipient technical personnel The two parties shall, according to the actual needs, negotiate and determine the content of the training, the specialty, position, number and duration of the training of the technical personnel of the receiving party, the technical content and training equipment of the supplier's training, etc. 7. Installation test run and assessment acceptance Equipment installation test run and technical assessment and acceptance are the main links to realize the effective transfer of technology and protect the interests of the recipient.Both parties should make it clear that in addition to the acceptance of technical data and equipment, the supplier must also conduct a comprehensive assessment and acceptance of the patents, proprietary technologies and equipment provided.In addition, the two parties should also stipulate their respective responsibilities and handling methods when problems arise. 8. Improvement and development of technology Modern technology updates very quickly.Therefore, during the validity period of the contract, there may be technological improvement or development. The two parties should clarify how to deal with the improved and developed technology during the negotiation, such as the ownership of the patent application right for the improved technology, and the payment of mutual transfer of the improved technology. 9. Confidentiality One of the differences between technology transactions and product transactions is technology confidentiality.Both parties should clarify the scope of confidentiality and objects of confidentiality, the use and ownership of technical data, and the responsibility for leaking secrets. 10. Price and payment method In technology transactions, negotiating price terms is difficult.The general commodity selling price is cost plus profit, while the technical price is composed of three parts: direct cost, indirect cost and profit compensation.Direct expenses include the expenses spent by the supplier for technology transfer, such as sending negotiators, receiving inspections, copying materials, providing samples, etc.Indirect costs refer to the suppliers' compensation for technology research and development costs.It is apportioned according to the number of times the technology may be transferred. Profit compensation refers to the compensation for the loss of profits suffered by the supplier due to the transfer of technology.This part is the main body of the technical price.In addition, issues such as technical intangible loss and payment methods should also be considered. 11. Sales One of the problems of technology transfer is the problem of product sales after the imported technology is put into production.That is, where are the products produced with imported technology sold, domestically or abroad?This is also one of the points of contention between the negotiating parties.The terms of sale should relate to technology fees. 12. Force majeure Since the benefits obtained from technology transfer take a long time, during this period, various external conditions, such as wars and earthquakes, may affect the implementation of the agreement.Therefore, both parties must clearly stipulate the contact and handling after the occurrence of force majeure, as well as the negotiation issues under necessary conditions. Investment negotiations can be divided into negotiations on establishing a sole proprietorship and negotiations on establishing a joint venture.The two parties in the negotiation of establishing a sole proprietorship are the enterprise and the government department where the investment is located, so the content of the negotiation is mainly concentrated on the macro aspect. The main contents include: investment project, investment amount, local market sales ratio, tax policy, environmental protection, labor employment, profit Remittance, investment period, financial audit and other issues. Negotiations for the establishment of joint ventures.Whether it is a foreign company coming to China to set up a joint venture, or a Chinese company going to a foreign country to set up a joint venture, or a Chinese company setting up a joint venture at home, the main opponent of the negotiation is the enterprise, so the content of the negotiation is mainly concentrated on the micro level, mainly including: The total amount of investment and the investment ratio of each party, capital contribution method, sales market, organizational structure, joint venture period, investment payment method and time limit, profit distribution, etc. Financing negotiations include loan negotiations and lease negotiations.Since leasing is a combination of financing and financing, the negotiation of the two involves different contents. Loan negotiation refers to the negotiation in which the lender delivers a certain amount of funds to the borrower, and the borrower repays the loan and pays interest according to the stipulated time limit.The main contents of the loan negotiation are: loan amount, loan purpose, loan period, loan interest rate, repayment guarantee, repayment method, etc. The main contents of lease negotiation are: lease object, lease type, lease term, rent, lease deposit, liability for breach of contract, etc. Economic cooperation refers to the activities in which the participating parties give full play to their advantages, jointly complete a certain task, obtain a certain product, and obtain certain economic benefits.The economic cooperation negotiation is carried out around this content.At present, the most frequently carried out negotiations on economic cooperation are the “three to one compensation” negotiations, namely processing with supplied materials, processing with supplied samples, assembly with supplied parts and compensation trade. The contents involved in the "three come" negotiations mainly include: requirements for incoming materials, advance deposit, requirements for processed products, processing price, settlement method of processing fees, and liability for breach of contract.The main contents of compensation trade negotiations include: performance and price of technical equipment, compensation method, price of compensation products, compensation period, liability for breach of contract, etc. Claim negotiation refers to the negotiation between the parties to the contract when the contractual obligations cannot be performed or cannot be fully performed.In the process of contract execution, breach of contract often occurs due to various reasons, so claim negotiation is also a main type of negotiation. Compared with contract negotiation and intention negotiation, the characteristics of this kind of negotiation are: In most cases, claim negotiation is a behavior in which the damaged party demands compensation from the other party due to the breach of contract by one party or both parties.Due to the loss to one party, at the initial stage of the negotiation, the two parties will have a showdown, the damaged party will make a specific claim, and the other party will immediately confront each other and state their position.This kind of contest between the two parties is different from intention negotiation and contract negotiation. That kind of negotiation is a cooperation in which the two sides test and find out the bottom line of each other in order to meet their own requirements to the maximum extent.The claim for compensation is made when the two parties have conflicts or major differences in the cooperation that have caused losses to one party or even both parties. Both parties are impulsive in emotion and action, and their attitudes are relatively tough. The atmosphere of the negotiation is naturally tense. With negotiators on opposite sides of solving the problem, it was difficult and unpleasant to reach an agreement on compensation.According to many negotiation experts, negotiating claims is one of the most difficult negotiations. The claim is a claim for compensation on a contractual basis.Therefore, it is necessary to raise the liability and behavior of the other party for breach of contract in accordance with the content determined in the terms of the contract, and determine the amount of compensation.Therefore, the contract is the only criterion for judging breach of contract. Where a party seeks to bring a claim against the other party, it must provide evidence in accordance with the terms of the contract to establish the claim.For example, when raising the issue of the supplier's product quality, the technical appraisal or product appraisal proposed by the relevant department must be presented; if the seller is accused of failing to deliver the goods on time, the cargo transportation bill of lading must be submitted.In addition, telexes, letters, photos, product auspicious products, commodity inspection certificates, etc. are all relevant evidence for filing claims, and should be properly preserved for emergencies. When one party files a claim, it always needs to provide evidence and reasons for the claim. The other party may respond in two ways: one is to admit its own responsibility, agree to compensation, and the two parties negotiate the method and amount of compensation; the other is not to admit the accused responsibility.In this case, there may be two forms for the injured party to claim compensation: one is that the party making the claim uses its own favorable conditions (such as unpaid payment) to force the other party to agree to compensation, that is, a forced claim; The contract management authority applies for mediation or arbitration, or even sues in court. Generally speaking, there are three forms of claims: negotiated claims, forced claims, and asking a third party to intervene in claims.If it is the first two cases, the claim is mainly settled through negotiation; if it is a third-party arbitration settlement, it is mandatory, and both parties to the dispute must unconditionally obey the arbitration result. This mainly refers to the negotiation of the terms of the claim, which is different from the negotiation of the intention and the negotiation of the contract: what is the act of breach of contract.For example, in a product transaction claim, the buyer accuses the seller of substandard product quality, and both parties must sit down to find out whether there is a problem with the product quality, what is the evidence, and whether it is reliable. Which party is responsible for the breach.It is determined that there is a problem with product quality, and it is also necessary to clarify which party or who is primarily responsible.If the installed equipment breaks down, the buyer blames the seller for the faulty product, but the seller believes that it is caused by the buyer’s improper installation and use. This requires the production of various evidence and original materials, and the two parties sit down and analyze carefully. Determine the amount of compensation.The form and amount of compensation can refer to the liquidated damages and damages stipulated in the contract, or can be negotiated and negotiated according to the cooperation between the two parties and the implementation of the contract.If it is difficult to determine the amount of compensation, third-party arbitration can be used. Determine the period of compensation.The determination of the compensation period is also very important, because it is likely that the situation will change significantly during the compensation process. If the compensation period is not determined, the compensation may be meaningless. According to the scope of negotiations, the types of negotiations can be divided into: international negotiations and domestic negotiations. In negotiations, international negotiations are also called import and export trade negotiations or foreign-related negotiations. International negotiations are far more complicated than domestic negotiations, both in terms of the form and content of negotiations.This is because the negotiating parties come from different countries, and their languages, beliefs, living habits, values, codes of conduct, moral standards and even the psychology of negotiation are very different, and these aspects are important factors that affect the negotiation. In negotiations, language is an important tool for communication and communication between the two parties. Using language can not only express our position, requirements and opinions, but also better understand the other party's position, views and ideas through language.In international negotiations, language is the primary obstacle affecting the smooth progress of negotiations.Due to language differences, one party cannot accurately and correctly understand the meaning or content expressed by the other party, causing misunderstandings and disagreements, which in turn affect negotiations.Therefore, the first question that both sides of such negotiations need to clarify is which language to use as a negotiation tool.Most international negotiations use English as the main language of negotiation.But if you are negotiating in the other country, you often use the other party's language.Here, good translators are essential.It is most advantageous if the negotiators themselves are proficient in foreign languages. Personal biases and prejudices are unavoidable in negotiations.The concept formed by the difference between cultures has a far-reaching influence on the negotiation.For example, Westerners pay attention to the concept of time, they regard time as money.Therefore, in negotiations, they don’t like unreasonably procrastinating negotiations, interrupting negotiations, arriving late and leaving early; while people in Middle Eastern countries don’t pay attention to time. Negotiations may even be interrupted to receive other visitors.For another example, Americans value individual ability and intelligence, and strive to express their individual role in negotiations; while Japanese rely on collective strength and wisdom, try not to express themselves in negotiations, and pay great attention to safeguarding collective interests.Different values ​​also make negotiators have different evaluations of the negotiation results.Some people are satisfied with getting more concessions from the other party, thinking that they have safeguarded their own interests, while others are satisfied with getting the other party's respect and attention.Therefore, in foreign-related negotiations, one cannot speculate on the other party's intentions and plans based solely on one's own thoughts and wishes.This wishful thinking is often the main cause of communication failures.Preparatory work for such negotiations is very important.We should use all the information as much as possible, and use every opportunity to understand the other party's behavioral characteristics, lifestyle and negotiation style, so as to be well-informed and stay calm.At the same time, in the negotiation, try to overcome the prejudices and prejudices caused by different cultures, avoid judging the other party with the values ​​you are accustomed to, fully understand, understand and respect the other party's behavior, pay attention to communication and exchanges with the other party, and increase mutual understanding. Understanding is also very important. In foreign-related negotiations, since the goods to be traded are carried out between two or more countries, the content of the negotiations is relatively extensive.The two parties should not only negotiate on the quantity, price, quality, packaging, transportation and production process of the traded goods, but also discuss and clarify relevant issues in bilateral trade, such as the relevant trade protection laws of the host country government, embargo clauses, import and export regulations, etc. Tariffs, licenses, differences in product technical performance between the exporting country and the importing country, as well as installation and use requirements, international trade practices, etc. One of the most important issues in international negotiations, but often overlooked by people, is the psychological barriers between the negotiating parties.This is a psychological reflection formed due to differences in people's behavior due to different cultural backgrounds.For example, in a negotiation, when one party expresses its position and point of view, it is often worried that the other party may not understand it well, and the other party may also feel the same; in the use of language, the choice of vocabulary is very careful, lest the wording be inappropriate and impolite.There are many concerns about the strategies and methods that should be adopted.Many negotiators who are unrestrained, calm, and calm in other negotiation situations often show abnormal behaviors of rigidity, hesitation, and hesitation in this type of negotiation.Therefore, in international negotiations, we must also pay attention to overcoming the psychological barriers of negotiators, and we must pay attention to and strengthen the psychological training of negotiators so that they have the psychological ability to withstand various pressures.At the same time, pay attention to practical training, consciously control yourself in the negotiation, and better play the role of negotiators. Domestic negotiations mean that both parties are in the same cultural background, which avoids the possible impact of differences in this area on negotiations. Since the two sides have the same language and ideas, the main problem in the negotiation is how to adjust the different interests of the two sides and find more common ground.This requires negotiators to make full use of negotiation strategies and skills, and give full play to the negotiators' ability and role. Judging from the actual situation, people pay more attention to foreign-related negotiations, but lack due preparations for negotiations between domestic enterprises. The more prominent problems are: First, the two parties paid little attention to the negotiation of the terms of the contract, and the terms were formulated too general and empty, lacking detailed rules and actual content.This may be due to the fact that both parties did not consider it, or it may be that it is completely unnecessary. As a result, there are problems in the execution of the contract but there is no legal basis for solving them.In this way, it is difficult to pursue the legal responsibility of the breaching party and to compensate for the loss.The second is that both parties do not pay attention to the performance of the contract, and even tear up the contract at will, and unilaterally suspend the contract.The reason for this situation: on the one hand, it is because the negotiators are not prepared enough and meticulous, and it is not clear what content should become the terms of the contract, and the loss that the other party will bring to itself if the other party fails to perform the contract. On the other hand, the negotiators have weak legal concepts, and believe that the negotiation is only to clarify the content of the transaction between the two parties. The transaction depends on the relationship, face, and even friendship between the two parties. The contract terms are too trivial and detailed, which hurts feelings and loses face.Facts have proved that this is not only detrimental to the maintenance of the relationship between the negotiating parties, but also makes the contract lose its due effect. If things go on like this, it will also affect the cooperation between the two parties.This is something negotiators should resolutely avoid and overcome. According to the attitudes and policies adopted by the negotiating parties, negotiations can be divided into three types: hard negotiation, soft negotiation and principled negotiation. Hard negotiation refers to a negotiation method that uses the willpower contest as a means, sticks to one's own tough position, and requires the other party to sacrifice its interests to achieve its own victory.A hard-negotiating negotiator is a tough fighter. In order to achieve their own goals, they do not consider the needs and interests of others at all, nor do they care about their own image and the impact on future cooperation.In their view, participating in negotiations is enough to meet their own requirements, that is, to obtain what they want from the other party, and their interests are above all else, while ignoring the cooperation requirements of both parties.It can be seen from this that the guiding ideology of hard negotiation is not "both sides are winners", but a strong philosophy of "no negotiation or negotiation, and negotiation will win".It fully reflects the thought of hard negotiators eager for quick success, and at the same time, it also fully reflects the defect that hard negotiators suffer from "negotiation relationship myopia" and short-term negotiation actions, that is, "one-shot deal".Therefore, the dangers of this way of negotiating are obvious. The goal of hard negotiators is to win. In this way, in actual negotiations, the other party often has a rebellious mentality and responds with the same toughness.The toughness on the issue of stances has made the two sides desperately maintain their stances, and then added another goal to be achieved in addition to the original goal-maintaining face.In this way, the goal is shifted, the position issue replaces the negotiation goal, and the original goal fails. Hard negotiators aim to win, put on a sacrosanct posture at the beginning, make extreme demands, and desperately maintain such demands, so that the two sides will not give in to each other.Even if the negotiation does not break down, it will take time and effort to achieve the goal, and the efficiency is low. Hard negotiators give up cooperation and try to force the other party to change their position while insisting on their own position, thus humiliating the other party and losing face, which will inevitably destroy the interpersonal relationship between the two parties. As a hard negotiator, they will lose more and better negotiation opportunities. From the aspects of negotiation goals, concepts, attitudes, strategies, etc., hard negotiation has the following characteristics: (1) Treat negotiating opponents as enemies.Do not have the concept of changing opponents into collaborators. (2) The goal is to win, that is, to simply satisfy one's own needs. (3) Taking concessions from the other party and benefiting oneself as the conditions for reaching an agreement and establishing a relationship. (4) Take a tough attitude towards people and things. (5) Stick to one's position, face is more important than anything else. (6) Find ways to start a willpower contest and win. (7) It is fraudulent to mislead the other party by using hole cards. (8) Unscrupulously exert high pressure and threats on the other side. There are generally several methods of hard negotiation: An extreme initial gesture.At the beginning of the negotiation, the requirements are very tough and the proposals are extreme, the purpose is to pour cold water on the other party and lower their expectations.Take the quotation as an example. As a buyer, the initial asking price is always very stingy. Usually, the quotation is made secretly behind closed doors to prevent other buyers from bidding. Absolutely dominant position; as a seller, do the opposite, always "ask the price" at first, then open the door, encourage many buyers to compete for quotations, let them fight each other, and encourage one party to squeeze out the other as much as possible, in order to finally get the highest price . limited powers.Hard negotiations leave those involved with little or no decision-making power.In this way, you can use this as an excuse to gain room for discussion and at the same time put pressure on the other party in terms of time.The other party has the right to quote and make concessions, but this party claims that it only has the right to ask for instructions and reports, and does not make concessions on the spot.In this case, in order to make progress in the negotiation, it is often the party with the right to make continuous compromises, while the other party can "wait and wait" for a favorable result. emotional tactics.Use the outburst of emotion to control the other party, and use the other party's sympathy and kindness to achieve your own goals.For example, sometimes his face turns red when he is condescending, his voice is raised, and he is furious; sometimes he walks away and leaves the meeting angrily;All of these can stimulate the other party's psychology, wear down and soften the other party's willpower. See the other party's concessions as weakness.If the other party makes concessions and agrees to give some benefits, hard negotiators will not make corresponding concessions or return benefits. Instead, they will regard the other party's concessions as weakness, so they will press harder and harder. A miserly concession.Any concession is delayed again and again, and strives to make the other party make the first concession without making corresponding concessions.Even if a small concession is expressed, it is generally made when the other party has made major concessions or has made many concessions. Regardless of the deadline.Time is an important factor in negotiations.Hard negotiators don't care about deadlines and don't rush, as if time means nothing to them.If the opponent demands a quick decision, they will be in a passive position in terms of time, and the initiative is still in their hands. 硬式谈判有明显的局限性。因此，其应用只能是在下列几种情况下进行：一次性交往。这种谈判必然是“一锤子买卖”。所以如果以后还想往来，或是老关系，那么千万不要为一次胜利拿未来的合作做抵押。 牺牲者不了解情况。 实力相差悬殊。在所谈判的范围内，己方处于绝对优势。 上述几种情况在谈判中不是普遍现象，因此，硬式谈判并非常用之计，一些谈判专家更绝少使用。我们可以不用，但不可不懂。 同时，还必须具备识别和掌握反硬式谈判的主要措施。这主要有：识破诡计。只要识破对方的战术，其战术就不能再起作用了，因为被识破的战术就不是战术了。 保护自己。当对方力量比自己强，对方在使用硬式谈判时，最危险的是对其百般迁就，轻易妥协。前一段谈判花的心血固然可惜，这笔生意对你固然重要，但千万不要在强硬和威胁面前犹豫。下决心放弃，是保护自己的最好对策。有时果断地做出放弃决策，对方反而像泄了气的皮球，使我方变被动为主动。另外，可以搭建“禁区铁丝网”，以事先设想好的可以接受的最坏的结果作为“底价”来对付对方。超越此界，即刻退出谈判。 因势利导。这是以原则式谈判对付硬式谈判的手段。核心是不要正面反击，要把矛盾的焦点引导到共同探讨彼此有利的方案上去。 邀请第三者调停。当你无法用原则式谈判与对方继续谈判时，可以邀请第三者出面进行调解。由于第三者不直接涉及谈判中的利害关系，易于把人和问题分开，易于将谈判引向实质性利益和选择方案上来，从而使谈判顺利进行。 软式谈判是指以妥协、让步为手段，希望避免冲突，因此随时准备以牺牲已方利益以换取协议与合作的谈判方式。软式谈判所强调的是建立和维持双方的关系。这种谈判过程较有效率，尤其是在产生谈判结果上效率突出。但是，软式谈判所产生的协议不会是公平和明智的。更严重的是，如果在谈判内容上确实处于不利地位而又急于求成，而对方又是硬式谈判者，则往往易受伤害，有时甚至一败涂地。因此，软式谈判者的出发点尽管是达成协议与合作，但往往事与愿违。 （1）把谈判对手视为朋友。信守“和为贵”的原则，真心实意是为合作而来。 （2）目标是取得协议。亦即协议本身高于本次谈判中自身的立场和利益，甘愿为取得协议而接受损失。 （3）以让步培养双方关系，关系高于一切，为关系可以自己让步，蒙受损失。 （4）对人对事物采取温和的态度。 （5）尽量避免意志力的较量，从不使用压力，反而屈服于压力。 （6）揭示自己的底牌，完全相信对手。 总之，上述几方面可以说明，软式谈判是典型的“主和派”，同“主战派”形成鲜明对照。在谈判桌上软弱可欺、主动退让、以退求合。这种方法的应用是极为有限的。 祥和开局。为了达成协议与合作，软式谈判者非常注重开局所形成的气氛。因为它关系到谈判全局的基调。所以，开局阶段，就充分体现出宽容大度，相容随和的谈判风格，因而可以形成祥和的谈判开局。 开诚布公，襟怀坦白。不像硬式谈判者那样运用“有限权力”招数欺骗对手，给对手施加时间上的压力，而是在谈判中亮出底牌，说明己方的观点，相信对手也会同样坦白，双方会坐下来共同解决所面临的问题。 主动退让。在谈判中，软式谈判者在遇到争执和分歧时会主动做出让步，以自己的高姿态取得协议的达成。 以善良愿望谈判，注重礼仪。软式谈判者参加谈判的目的在于达成协议与合作。 因而，主观愿望是善良的，从开始就没有压倒对方来取得胜利的动机，谈判过程中注重礼仪，从不利用感情战术。 软式谈判是一种极其特殊的谈判方式。因为任何谈判都存在一定的分歧与争端，一般而言，有不同利益的分歧和争端是形成谈判的主要原因，可以说，谈判就是解决分歧与争端的斗争过程。然而，软式谈判回避斗争，强调统一，以让步、牺牲为代价换取协议与合作。所以，软式谈判不是普通运用的方式，而是在特殊情况下，为达到特殊目的才采用的方式。这个特殊情况就是：总体利益和长远利益大于一次具体谈判所涉及的局部的近期利益；同时，局部近期利益的舍弃对未来长远总体利益的实现有直接的关系。也即就目前而言，合作高于局部近期利益；目前最大的利益是在于交朋友，建立关系，今天的妥协让步是为明天的更大利益奠定基础。否则，无此长远的、总体的利益作为总目标，软式谈判就无任何意义，也就没有采用的条件。单纯为合作而合作的谈判是不存在的。 因此，软式谈判采用的哲学指导思想是：今天的“失”是为明天的“得”。“失”是暂时的，是感情的投资。通过它，将对方维系在自己的“蛛网”上，以便实现未来更大的利益。 原则式谈判是指以公平价值为标准，以谈判目的力核心，在相互信任和尊重的基础上寻求双方各有所获的方案的谈判方式。它能综合上述两种谈判方式的长处而避免其走极端的弊病，从而形成一种应用更广泛、更便于驾驭的方式。理解这一概念，必须掌握以下几点：原则式谈判是根据公平价值来取得协议。这里的公平价值是指双方均自愿接受的具有客观公正性的价值标准，而不是透过双方讨价还价的过程来做最后的决定。 谈判的核心是谈判所涉及的标的物。即谈判所涉及的有关双方利益的事物，如价格、成本等，而不是谈判者。也即原则式谈判对事是强硬的，当仁不让；而对人则是友好温和的，坚持人和事分开的原则。 原则式谈判的基础是双方相互信任和尊重。绝不采用诡计，也不故作姿态。一方面，它使你既能得到想要的东西，又能不失风度，在正常合理的情况下获得；另一方面，也能使你获得公平，使对方无法占你的便宜。 原则式谈判的目的在于寻求双方均有所获的方案。双方都努力寻求一个都愿意接受的谈判结果。双方都认为冲突能够解决，并能找到一个妥善处理的方法，其出发点是在绝不损害他人利益的基础上，取得我方利益。因此，这种谈判法也可称为双方获胜法或皆大欢喜法。 在许多情况下，斗争双方的利益不一定都是对立的，如果把斗争的焦点由各方都要击败对方而转向双方共同谋求消除存在的问题，那么，最后双方就都能得到好处。 在这种双方都获胜的合作性谈判中，双方的注意力都集中在解决问题上，并且双方都将冲突看做是能够解决的，因而就一定能找到一个创造性的解决方法，从而加强了双方互利互惠的地位，甚至增进双方的关系。因此，原则式谈判是一种广泛适用的谈判方式。一般的谈判方式一旦被对方识破就很难继续下去，原则式谈判完全相反，如果对方也懂得此法，则更容易进行谈判，并能顺利达到预期目的。 原则式谈判和硬式、软式谈判有着明显的区别。其特征是： （1）视参加谈判的人都是问题的解决者。人们是为着解决问题而坐到一起的。没有将其视为朋友而一味退让；也没有将其视为敌人而击败对方。这样，双方就可以在平等原则上切实围绕问题而展开磋商，为达成协议奠定了基础。 （2）有效而圆满地达到目标是明智谈判的结果。这样的结果不是一方取胜，也不完全是取得协议，而是双方的一种认可和默契。这种结果也可能是协议合同，也可能尚未表现为协议或合同，但无论如何它必然是双方发自内心的赞成，自觉认可公平合理的结果。 （3）把人与事分开，对人温和礼让，对事坚持原则。谈判的核心问题是事，而不是人。参加谈判的人只是事物的载体，谈判桌上的冲突与碰撞是事物，因而，人与人之间的关系应是温和的、融洽的，而对事则不能软弱。 （4）重点在于注重实际利益，而非“地位”、“面子”和“态度”。 （5）坚持客观标准，据此达成协议。尤其在发生分歧与冲突时，不是像硬式谈判者那样，坚持自己的立场，设法赢得意志力的竞赛；也不是像软式谈判者那样，坚持达成协议，以让步来维系关系。而是以客观公正的标准来谋求双方均满意的结果。 （6）开诚布公，服从原则，而非压力。 （7）探寻双方共同的利益。原则式谈判认为，谈判能否成功，关键在于能否找到双方共同利益的结合点。因此，谈判中，双方反复探讨发现具有共同利益的各种可能的选择，在此基础上才做决定。 原则式谈判有四个要点：把人与问题分开；把重点放在利益上而非立场上；构思彼此有利的解决方案；坚持客观标准。 原则式谈判是一种极其有效的谈判方式。它一改传统谈判方式的指导思想和谈判策略，在国内外各种类型的谈判中被广泛运用并取得成功。它真正贯彻了在谈判中“双方都是赢家”的指导思想和一系列谈判原则，是科学的谈判方式。它使谈判双方均能满足需求，同时，还提高了谈判的效率，且能增进合作。在具体的谈判中，即使只有一方采取原则式谈判，其结果仍然优于双方都采用传统谈判方法的谈判结果。因此，原则式谈判应成为商务谈判的主要方式。