Business Negotiation Plan
One, the negotiation between the two sides of the company's background
1, Party A (China Import and Export Trading Corporation) analysis
Chinese Import and Export Trading Corporation was founded in 1978, is China's first combination of industry and trade to international engineering contracting, import and export of complete sets of equipment as the main business of large-scale enterprises. The company has carried out a series of reforms under the framework of modern enterprise
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 the Zhongcheng Import and Export Company Limited
Secretary of the company has gained the channel of direct financing in the stock exchange market, enlarged the scale of capital, and improved its capital tie-up, and the company is one of the 500 enterprises with the largest volume of national import and export. The company is one of the 500 enterprises with the largest import and export volume in China, and has been selected as one of the world's 225 largest international engineering contractors by the U.S. Engineering News Record since 1996. It is a comprehensive enterprise group integrating trade, industry, science and technology, and service. The company organically combines the development of traditional advantages with the development strategy and planning, strengthens management, controls risks, standardizes operation, deepens reforms, and takes the international and domestic markets as the basis, with the import and export of complete sets of equipments, engineering contracting and leasing, and related services as the pillar industries, and is now moving towards the direction of strong comprehensive strength, excellent asset quality, advanced management level, and strong creative power.
At present, the company is making solid progress towards the strategic goal of a multinational enterprise group with strong comprehensive strength, excellent asset quality, advanced management level, strong innovation ability and strong competitiveness. During the company's operation, it has been selected as one of the world's largest 225
international engineering contractors by the U.S. Engineering News Record magazine for consecutive years, designated as a demonstration unit of China's foreign trade enterprise credit system, special award for foreign contracted projects in the year 2000-2002, A-class enterprise of tax credit, and AAA-class credit enterprise, and other
honorable 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 governance (representing the company's goal
results) as the spirit of enterprise. In the face of the future, Zhongcheng Group will accelerate the pace of reform, "abide by international standards, provide quality service" for the purpose of continuing to work with the governments of the world and the industrial and commercial circles
in a wider range, wider areas, higher level of economic, trade and technical cooperation for mutual benefit ****win, hand in hand ****create a better tomorrow.
2, party B company (Japan's Mitsubishi Heavy Industries, Inc.) analysis
Mitsubishi Heavy Industries, Japan's largest military production enterprises. 2003 from the Defense Department to accept military orders amounted to 280 billion yen, ranked first in the various military 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 formulated last year, 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. MHI will continue to expand its business in China in the future.
2, the subject and content of the negotiations.
1 Theme: to solve the direct and indirect losses caused by the quality defects of 5840 Nissan FP-148 trucks imported from Japan to China and to make claims. Maintain a good long-term relationship between the two parties.
2. Negotiation place Beijing Xiangshan Hotel.
3. Negotiation time: December 30, 2007~January 5, 2008
4. Negotiation mode: formal group negotiation.
5. Relevant information related to the dispute:
A Party A's information intelligence through market research:
(1) The defects of FP-148 trucks are as follows.
Defects Occurrence rate %
Cracked tires 10
Cracked windshield 5
Circuit failure 30
Shattered rivets 20
Cracked frames 10
One or more defects 70
Party A has the inspection video and the commodity inspection certificate issued by the inspection authority in China (its statistics are shown above). See above), and its quality defects all appear within the warranty period.
(2) Transactions concerning the automobiles
1) the price of 6,632,000 yen (in foreign currency at RMB1=JPY16.58) per vehicle;
2) the number of 5,840 vehicles;
3) the wagons were manufactured for export to China, taking into account the actual conditions of Chinese roads;
4) the contract terms on the shaving of the Palace of Intense Quality issues of the contract terms are as follows:
A major components such as engines, shock absorbers, frames, etc., major quality problems, the Japanese side need to replace the whole machine or parts of the package replacement, the replacement fee paid by the Japanese side;
B general parts damage and failure, the maintenance of which is the responsibility of the Japanese side, and the cost of materials, repair costs paid by the Japanese side amount (within the warranty period of 2 years); warranty period outside the Chinese side of their own responsibility:
C If the proportion of cars with one or more defects exceeds 5% of the total number of cars, the Japanese side shall compensate the Chinese side for the direct and indirect economic losses, and the compensation for direct economic losses shall be calculated on the basis of four thousandths of the price of each car, and the rate of compensation for direct economic losses shall be increased by one grade for each defect rate exceeding 5%.
(3)Previous transactions between Party A and Party B
Party A has ordered cars from Party B in large quantities for several times, and there has never been such a serious quality problem in large quantities, and Party B has been able to solve the quality problems in the past, so the two parties have had good transactions in the past, and have established a good relationship of friendship for this purpose
Party B gave Party A information and intelligence:
B. Information and intelligence from Party B to Party A:
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;
2) As for the indirect economic loss, Party A calculates that Party B needs to compensate 7.6 billion yen according to Chinese calculation methods, and if it is based on the international calculation methods, Party B needs to compensate 5 billion yen;
3) The dispute should be handled as soon as possible, and the compensation should be basically satisfactory in order to Obtain a basically satisfactory compensation in order to pacify the users' dissatisfaction with Party A's company as soon as possible;
4) There can be three methods for dealing with the quality problem of the automobile
A Ship the automobile back to Japan for repairing
B Party B sends its personnel to China with the repaired parts for repairing
C Spend the compensation for the direct economic losses on the repairs (at Party A's own expense).
The size of its cost expenditure is obvious: Option 1, Option 2, Option 3.
Three, the negotiation team composition
Main negotiator: Xiao Yongsheng Company negotiation plenipotentiary
Decision maker: Li Na, Xu Jingsheng Responsible for research and analysis of major issues and the final decision
Technical adviser: Guo Hongfang, Kang Liao Supervisor of technical testing, metrology and guidance
Legal adviser: Xing Xiaoyu Settlement of the relevant legal information and dispute resolution
Legal adviser: Xing Xiaoyu Settlement of the relevant legal information and dispute handling
This is the first time that we have discussed this issue. /p>
Four, the form of negotiation (the advantages and disadvantages and interests of both sides) analysis
1, Party A 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 Party B
B for the trucks already appeared in the quality of the Party B should be timely technical guidance and maintenance
C to maintain the two sides of the longstanding good relations
C to maintain the good relationship between the two sides
The first party is to negotiate with the other party, and the second party is to negotiate with the other party. p>
Advantages of Party A: A We have strong capital, first-class reputation, broad national market
B The quality problems of trucks are mainly caused by Party B's imperfect processing technology level, with the contract and the market survey report and related records as evidence, we take the legal initiative
C Our company has a long-term experience of cooperation with Party B, and established a good relationship with Party B, which is an important and long-lasting customer
C Maintaining the long-standing good cooperative relationship of both parties
C The trucks are in good condition, and the trucks are in good condition, and the trucks are in good condition. Company B's important and long-term customers
D Company B has agreed to compensate in terms of funds and technology, but there is a gap with our expectations
E Party B, in order to protect the corporate image and reputation, the intention to reconcile as soon as possible and put forward a solution
Disadvantages of Party A: A Company B is the largest Japanese military production enterprises, heavy machinery and equipment has a great deal of international influence and authority
D Company B is the largest military production enterprises, heavy machinery and equipment, and has a great deal of international influence and authority
D Party A has the legal initiative. The difference between domestic law and international law on the calculation of consequential damages may affect our interests, i.e., the relevant provisions of the law is strong for the other party, and the other party
CThe production of this batch of trucks is specially designed according to the road conditions in China, and the return of the trucks will cause significant losses to Party B, which will seriously affect the long-term cooperation between the two parties
DThe problems with the trucks are not entirely due to the fact that the trucks are not in the same condition as the trucks in China. The problem is not entirely due to the quality of your products, there are factors of improper use of our
2, the core interests of Party B: A minimize the amount of direct and indirect losses caused to Party A
B the best way and the least cost to solve the quality of the trucks sold to China
C peaceful negotiation to minimize the losses of the two sides and to maintain a long term Advantages of Party B: A. The law on cost calculation is favorable to us
B. We have the right to interpret and take the initiative in the use and maintenance of the equipment, and we are in an old position in this field
C. We have considerable strength and capital, and we can bear the cost of the loss
D. We can emotionally minimize the loss by cooperating with Party A for a long period of time
.Disadvantages of party B: A objective product quality problems, and have favorable evidence, can not be denied
B This is a large number of transactions, the amount of money is high, the loss of heavy
C The other party is a long-term partner, the accident may affect the feelings of the two sides
Five, negotiation objectives
1, the strategic goal:
Peaceful negotiation, practical solution to the Japanese The direct and indirect losses caused by the quality defects of 5840 Nissan FP-148 trucks imported to China, and to request the Japanese side to send professional technicians and maintenance personnel to deal with and maintain the trucks with quality problems, and to train a group of technicians with this level in China, if possible.
2, emotional goal: through the process of coordinating the settlement of disputes, continue to maintain a good long-term relationship between buyers and sellers, and deepen mutual trust
3, claims goal: to strive for our direct and indirect losses calculated by market research and study
I. Name of the plan
As far as possible to write the name of the plan as specifically as possible, such as "× × × × × × University × × × activity plan", placed in the center of the page, of course, you can write the main title will be written as a subtitle below.
Second, the background of the activity :
This part of the content should be selected according to the characteristics of the plan in the following items to focus on; specific items are: a brief description of the basic situation, the main implementation of the object, 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 not clear, the analysis should be supplemented by research and other means.
Third, the purpose, meaning and objectives of the activity:
The purpose and meaning of the activity should be expressed in clear and concise language will be the main points of the purpose; in the statement of the main points of the purpose of the core composition of the activity or planning of the uniqueness and the significance of the resulting (economic benefits, social benefits, media effects, etc.) should be clearly written. Activity objectives to be specific, and the need to meet the importance, feasibility, timeliness
Four, resource needs:
List the human resources required, material resources, including the use of places, such as classrooms or the use of activity centers are listed in detail. Can be listed as both existing resources and the need for resources.
Fifth, the activities carried out:
As the body of the planning part, the presentation should be concise and clear, so that it is easy to understand, but the presentation should strive to be exhaustive, write every point that can be envisioned, there is no omission. In this part, not only limited to textual expressions, can also be appropriate to join the statistical charts, etc.; the planning of the work of the project, should be arranged in accordance with the chronological order, drawing the implementation of the timetable will help program verification. Staffing organization, the object of the activity, the corresponding powers and responsibilities and time and place should also be described in this part, the implementation of the contingency procedures should also be considered in this part.
Here can provide some reference aspects: venue layout, reception room, guest seating, sponsorship, contractual agreements, media support, campus publicity, advertising, hosting, leadership speech, master of ceremonies, venue services, electronic background, lighting, sound, video, information liaison, technical support, order maintenance, clothing, command center, the scene atmosphere regulation, pick-up and drop-off of vehicles, cleaning up after the event. Personnel, group photo, catering and hospitality, follow-up contact, and so on. Please adjust yourself according to the actual situation.
VI. Budget:
Activities of the various costs in accordance with the actual situation of specific, thorough calculation, with a clear and concise form of listing.
Seven, the activities should be noted and details:
Changes in the internal and external environment will inevitably bring some uncertainty to the implementation of the program
sexual factors, so when the environment changes whether there are contingency measures, the probability of loss is how much damage caused by the loss of how much, contingency measures and so on should also be described in the planning.
Eight, the person in charge of the activities and the main participants:
Business negotiation plan
I 、Negotiation theme
Solve the problem of delayed delivery claims of turbine rotor blanks, and maintain a long-term relationship between the two sides
Two, the negotiation team composition
Main negotiator: Hu Da, the company negotiation plenipotentiary;
Decision maker: He Yuxiang, responsible for decision-making on major issues;
Technical adviser: Tao Jia, responsible for technical issues;
Legal adviser: Zhang Weiyan, responsible for legal issues;
Three, the interests of both parties and the analysis of strengths and weaknesses
We have the following core interests:
1, the other party's delivery of the earliest possible time
2, to maintain the two sides of the long-term cooperative relationship
3, demand the other party compensation to make up for our lossesThe other party's interests: to solve the problem of compensation, to maintain the long-term cooperative relationship between the two sides
Our advantages: 1, our company occupies 1/3 of the domestic power market, the other party can not reach a cooperation with us will be a huge loss
We have disadvantages: 1, in the law about the strike belongs to the scope of force majeure on this point is extremely favorable to the other party, the other party will not be able to achieve cooperation
We have advantages. The point is extremely favorable to the other side, the other side will be based on the refusal of compensation
2, the other side of the delayed delivery of our company has brought the loss of profit, reputation
3, our company shortage of blank supply, the impact of the bad, urgent cooperation with the other side, otherwise it will likely to cause even greater losses
The other side of the advantage: 1, the legal advantage of: the provisions of the strike belongs to the force majeure
2, the other side of the contract with the contract to reach cooperation will cause great losses to the other side of the force majeure
2, the other party according to the contract, the delay in delivery generated by force majeure does not apply to the penalty regulations
The other party disadvantage: belonging to the breach of contract, facing the negotiations with a number of contracted companies, and failing to reach an agreement will likely to be in trouble
Four, negotiation objectives
1, the strategic objective: a decent, pragmatic solution to the claim, focusing on minimizing the loss, and to maintain a long-term cooperative relationship between the two sides
The other party advantage: 1. Long-term cooperative relationship
Reason analysis: let the other party to deliver the goods as soon as possible is far more important than the other party's compensation, the urgent need to maintain a long-term cooperative relationship with the other party
2, the target of the claim:
Quote: ① compensation: 4.5 million U.S. dollars
② delivery date: two months later, that is, in November
③ technical support: the other party is required to send a technical consultant team to our company to provide technical guidance
3, the other party to send a group to provide technical guidance to our company. ③Technical support: request the other party to send a team of technical consultants to our company to provide technical guidance
④Preferential treatment: priority delivery under the same conditions
⑤Price target: in order to make up for the loss of the other side, to the other side of the unit price reduction of 5% demand
Bottom line: ① to obtain the other side of the symbolic compensation, so that the other party to admit the error, to save the loss of the reputation of the company
② as soon as possible delivery of the far in order to minimize the loss of the other side
③ the other party and our long-term cooperation
5, procedures and specific strategies
1, opening:
Program 1: emotional exchange opening strategy: by talking about the two sides of the cooperation to form an emotional **** Ming, the other party into a more congenial atmosphere of negotiation
Program 2: to take the offensive opening strategy: to create a low-profile negotiation atmosphere, and to strongly point out that the other party due to delayed delivery of goods. Strongly pointed out that the other party due to delayed delivery 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
The other party puts forward the provisions of the relevant strikes belonging to the force majeure refused to pay compensation for the countermeasures:
1, to play on the subject of the tactics: listen carefully to the other side of the statement, to seize the other side of the problem point, to attack, breakthrough
2, the principle of combining law and facts: put forward our legal basis, and the strike incident analysis
to refute it
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 to assist the agreement negotiated, the negotiation topic will be shifted from the positioning of the strike incident on the delivery of the delivery date and the long-term interests of the up, to grasp the rhythm and process of the negotiations. Grasp the rhythm and process of negotiation, so as to take the initiative
2, layer by layer, step by step strategy: skillfully put forward our expected interests, the first easy and then difficult, step by step to fight for the interests
3, grasp the principle of concessions: clear our core interests, the implementation of the strategy of retreat for progress, one step back and two steps forward to achieve the compensation in a roundabout way, to take full advantage of the chips in hand, when appropriate The amount of compensation can be surrendered in exchange for other greater benefits
4, highlight the advantages: to information as a support, 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 fails with us will have huge losses
5, 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 certainty of the other side of the form, deny the other side of the substance of the method of lifting the deadlock Form, deny the other side of the substance of the method to lift the deadlock, the timely use of the East meets West strategy to break the deadlock
3, the adjournment stage: if necessary, according to the actual situation of the original program to adjust
4, the final stage of negotiations:
1, grasp the bottom line,: the timely use of compromise and reconciliation strategy, grasp the magnitude of the final concessions strictly grasp the time to put forward the final offer, use the ultimatum tactics Final offer, the use of ultimatum strategy
2, buried opportunity: the formation of integrated negotiations in the negotiations, with a view to establishing a long-term cooperative relationship
3, reached an agreement: clear final negotiation results, show the minutes of the meeting and the model contract, please confirm the other side, and determine the time of formal signing of the contract
Sixth, the preparation of negotiation materials
Related legal information:
The Contract Law of the People's Republic of China, the International Contract Law, the Convention on Contracts for the International Sale of Goods, and the Law of Economic Contracts
Remarks:
Default Liability in Contract Law
Article 107: If one of the parties fails to fulfill the obligations of the contract, or if the fulfillment of the obligations of the contract does not conform to the agreement, the party concerned shall bear the responsibility of continuing to fulfill the obligations, taking remedial measures, or compensating for the losses. 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
Contract model, background information, information on the other party, technical information, financial information (see the appendix and the slide materials)
Eight, the development of contingency plans
This is the first time that the two sides have conducted business negotiations and they do not know each other very well. In order to make the negotiation go smoothly, it is necessary to make a contingency plan.
1, the other party admitted the breach of contract, willing to pay compensation, but 4.5 million U.S. dollars to express disagreement
Response: price negotiations on the amount of compensation, the use of compromise tactics, in exchange for delivery, technical support, preferential treatment and other benefits.
2. The other party uses the strategy of limited power, claiming the limitation of the amount and rejecting our proposal.
Response: understand each other's authority, the "white face" to argue, the appropriate use of creating the reins strategy, the "red face" and then reveal the other party's authority to imply that the strategy, and the use of circuitous compensation techniques to break through the reins; different or use the The first is a strategy of "sounding out the east and hitting the west".
3, the other side to use the topic of the strategy, on our side of a major issue to seize not to let go.
Response: Avoid unnecessary explanations, change the subject, point out the nature of the other party's strategy if necessary, and declare that the other party's strategy affects the negotiation process.
4, the other party based on the law about the strike is force majeure and thus in accordance with the contract firmly refused to pay compensation.
Response: Considering that our strategic goal is to minimize losses and maintain a long-term cooperative relationship between the two sides, we should take the approach of giving up the demand for compensation in exchange for other long-term interests.
5, if the other party insisted on "in accordance with the contract firmly refused to pay compensation" point, do not make any concessions, and in the delivery date does not make a positive response. Then we first highlight the importance of long-term cooperation with us and imply that we have not reached an agreement on its adverse effects, and then make an ultimatum.
Specify the organizer, the names of the participants, guests, units (if the group planning should specify the name of the group, the person in charge).