Sample business negotiation plan 1. Company background of both parties to the negotiation.
(We: xx Network Group; Party b: xx co., ltd)
We (Party A):
Established in xx, xx Network Group is a game network operation group. Chairman and ceoxx, and five other individual shareholders (mostly xx network directors and equity shareholders) set up the current xx network group, which has cooperated with the famous xx network group and is one of the most influential network groups in China and one of the top 500 enterprises in China.
Party B:
Tongfang Co., Ltd. is a high-tech company controlled by xx University. Founded in xx, it is listed on xx Stock Exchange with the stock code xx. Xx ranks 23rd in xx "Top 500 Electronic Information Enterprises in China" and is one of the top electronic enterprises 100 supported by China Municipal Government.
On the basis of independent core technology and fully combining with capital operation ability, xx has established four industries: information technology, energy and environment, applied nuclear electronic technology and biomedicine.
In the information industry, xx is committed to technological innovation and product development in the fields of information system, computer system and digital TV system, and provides comprehensive solutions and complete sets of equipment for industries such as e-government, digital home, digital city, digital education and digital media. At present, xx has domestic leading technical strength and market share in computer products, major industry informatization, digital educational resources, digital TV and other fields.
In the energy and environment industry, xx is specialized in energy utilization and environmental pollution control engineering and artificial environment engineering based on core technologies such as flue gas desulfurization, garbage incineration, water treatment and air conditioning in artificial environment, energy environment, building environment and water environment, and has obvious advantages in large and medium-sized air conditioning equipment.
In the industrial application of nuclear electronic technology, a series of products with electron accelerator, radiation imaging, automatic control and digital image processing technology as the core have reached the international advanced level.
In the biomedical and fine chemical industries, it has become a new biomedical high-tech enterprise, producing a variety of products, such as new patented drugs, pharmaceutical intermediates, raw materials and drugs.
Second, the negotiation theme
I bought 100 computers from Party B's company.
Third, the composition of the negotiating team.
Main talk: xx, the plenipotentiary of company negotiation;
Decision maker: xx, responsible for making decisions on major issues;
Technical consultant: xx, responsible for technical issues;
Legal adviser: xx, responsible for legal issues;
Four. Analysis of the benefits, advantages and disadvantages of both parties
Our core interests:
1. Ask the other party to supply our computers at the lowest possible price;
2, on the basis of ensuring quality and quality problems, try to reduce costs.
The interests of the other party:
Sell the highest price and increase profits.
Our advantages:
1, there are many computer supply companies for us to choose from;
2. It is a large-scale and influential network group in China.
Our shortcomings:
We will continue this batch of computers and cooperate urgently, otherwise it may cause greater losses to the company.
Advantages on the other hand:
The other side's computer brand has a good reputation in the world, and there are many cooperative companies.
Disadvantages on the other side:
For suppliers, if the negotiation cannot be completed, the opportunity for future cooperation may be lost.
Verb (abbreviation for verb) negotiation goal
Strategic objectives:
1. negotiate peacefully and reach an acquisition agreement according to our purchasing conditions.
① Quotation: 1000 yuan;
② Delivery date: within one week.
Bottom line:
(1) Our lowest quotation is xx yuan;
② Complete the post-purchase operation as soon as possible.
Intransitive Verb Procedure and Specific Strategies
1, opening
Scheme 1: Emotional communication opening strategy: By talking about the cooperation between the two sides, an emotional buzz will be formed, which will lead the other side into a more harmonious negotiation atmosphere and create a mutually beneficial camp model.
Option 2: adopt an offensive opening strategy: create a low-key negotiation atmosphere, clearly point out that there are many suppliers competing, and offer 1000 yuan to create a psychological advantage and make the other party in an active position.
2. Mid-term stage
(1) red face and white face strategy: two negotiators, one is red face and the other is white face, assist in the negotiation, grasp the rhythm and process of the negotiation, and thus take the initiative.
(2) Step-by-step strategy: cleverly put forward our expected interests, first easy and then difficult, and strive for benefits step by step.
(3) Grasp the principle of concession: make clear where our core interests lie, implement the strategy of taking the retreat as the advance, take a step back or two, make circuitous compensation, make full use of the chips in hand, and make concessions to bear the freight at an appropriate time in exchange for other greater interests.
(4) Outstanding advantages: rely on information to convince people, emphasize the benefits brought to each other by the success of the agreement with us, and at the same time apply both hard and soft measures, suggesting that if the other party fails to reach an agreement with us, we will immediately negotiate with other computer supply companies.
(5) Breaking the deadlock: make rational use of the pause, first calmly analyze the causes of the deadlock, then break the deadlock by affirming the other party's behavior and denying the other party's essence, and timely use the strategy of transferring from the east to the west to break the deadlock.
3. Closing stage: if necessary, adjust the original plan according to the actual situation.
4. Final negotiation stage
(1) Grasp the bottom line: use the compromise and reconciliation strategy in a timely manner, grasp the strict degree of final concession, put forward the final offer in a timely manner, and use the ultimatum strategy.
(2) Bury an opportunity: form an integrated negotiation in the negotiation with a view to establishing a long-term cooperative relationship.
(3) Reach an agreement: make clear the final negotiation result, show the meeting minutes and contract template, ask the other party to confirm, and determine the time to formally sign the contract.
Seven. Prepare negotiation materials
Relevant legal materials: People's Republic of China (PRC) Contract Law, International Contract Law, Convention on Contracts for the International Sale of Goods and Economic Contract Law.
Remarks: Liability for breach of contract, contract specification, background information, counterpart information, technical information and financial information in the Contract Law (see appendix and slide materials).
Eight, formulate emergency plans
It is the first time for the two sides to hold business negotiations, and they don't know each other very well. In order to make the negotiation go smoothly, it is necessary to make an emergency plan.
1. The other party disagrees with our offer of 1000 yuan.
Solution: negotiate the amount of the other party's quotation and exchange the compromise strategy for the benefits such as handover period, technical support and preferential treatment.
2. The other party uses the strategy of limiting rights, claiming that the amount is limited and rejecting our offer.
Coping: Understand the authority of the other side, the "white face" argues vigorously, appropriately uses the strategy of creating the reins, and the "red face" reveals the authority strategy of the other side in a suggestive way, and uses the skill of circuitous compensation to break through the reins; XOR uses a transfer strategy.
3. The other side used the excuse of playing strategy and caught an important problem of ours.
Countermeasures: avoid unnecessary explanations, change the subject, point out the essence of the other party's strategy when necessary, and state that the other party's strategy affects the negotiation process.
Model business negotiation plan 2 1. Negotiation theme
Solve the claim problem of delayed delivery of steam turbine rotor blank and maintain the long-term cooperative relationship between the two parties.
Second, the composition of the negotiating team.
Main talk: xx, the plenipotentiary of company negotiation;
Decision maker: xx, responsible for making decisions on major issues;
Technical consultant: xx, responsible for technical issues;
Legal adviser: xx, responsible for legal issues;
Third, analyze the interests, advantages and disadvantages of both sides.
Our core interests:
1. Ask the other party to deliver the goods as soon as possible;
2. Maintain a long-term cooperative relationship between the two parties;
Ask the other party for compensation to make up for our loss.
The interests of the other party:
Solve the compensation problem and maintain the long-term cooperative relationship between the two sides.
Our advantages:
Our company has a share of 1/3 in the domestic electricity market, and the other party's failure to cooperate with us will cause great losses to it.
Our shortcomings:
1. Legally speaking, the strike falls within the scope of force majeure, which is extremely beneficial to the other party, and the other party will refuse the corresponding compensation.
2. The other party's delayed delivery has brought loss of profit and reputation to our company.
Our company is short of raw stone, which has a bad influence. We urgently need to cooperate with each other, otherwise it may cause greater losses.
Advantages on the other hand:
1, legal advantage: strikes are force majeure provisions;
2. According to the contract, the penalty for delayed delivery caused by force majeure is not applicable.
Disadvantages on the other side:
As a defaulting party, it is faced with relevant negotiations with several contracting companies, and failure to reach an agreement may lead to difficulties.
Fourth, the negotiation objectives
1, strategic goal
To solve this claim honorably and pragmatically, the key is to reduce losses and maintain the long-term cooperative relationship between the two sides.
Cause analysis: It is far more important to let the other party deliver the goods as soon as possible than to ask the other party for compensation, and it is urgent to maintain a long-term cooperative relationship with the other party.
2. Claim target
Quotation:
(1) compensation: USD 4.5 million;
② Delivery date: two months later, namely 1 1 month;
③ Technical support: ask the other party to send a technical advisory team to our company for technical guidance;
4 preferential treatment: priority supply under the same conditions;
⑤ Price target: In order to make up for our losses, we ask the other party to reduce the unit price by 5%.
Bottom line:
(1) Obtain the symbolic compensation from the other party, make the other party admit the mistake and recover the reputation loss of our company;
(2) Delivery as soon as possible to reduce our losses;
③ The other party cooperates with us for a long time.
Verb (abbreviation of verb) program and specific strategy
1, opening
Scheme 1: Emotional communication opening strategy: By talking about the cooperation between the two sides, an emotional buzz is formed, and the other side is introduced into a more harmonious negotiation atmosphere.
Option 2: adopt an offensive opening strategy: create a low-key negotiation atmosphere, strongly point out that the other party has brought us huge losses due to the delayed delivery, and impose a fine of 4.5 million US dollars to create a psychological advantage and put us in an active position.
The other party proposes that the strike is a force majeure provision and refuses to pay compensation;
1) Strategy of using the topic: listen carefully to the other party's statement, grasp the other party's problem points, and attack the breakthrough.
2) Principle of combining law with facts: put forward our legal basis, analyze and refute the strike.
2. In the medium term:
1) red face and white face strategy: two negotiators, one is red face and the other is white face, assist in the negotiation, shift the negotiation topic from the location of the strike to the delivery date and long-term interests, grasp the rhythm and process of the negotiation, and thus grasp the initiative.
2) Step-by-step strategy: cleverly put forward our expected interests, make it easy first and then difficult, and strive for benefits step by step.
3) Grasp the principle of concession: make clear where your core interests lie, implement the strategy of retreating for progress, take a step back or two, make circuitous compensation, make full use of your chips, and give in the amount of compensation at an appropriate time in exchange for other greater interests.
4) Outstanding advantages: convince people by data, emphasize the benefits brought to the other party by the success of the agreement with us, and at the same time, apply both hard and soft measures, implying that the other party will suffer huge losses if the agreement with us fails.
5) Break the deadlock: make rational use of the deadlock, first calmly analyze the causes of the deadlock, and then use the guarantee. The behavior of the other party, the method of denying the essence of the other party, and the timely use of persuasion strategies to break the deadlock.
3. Closing stage: if necessary, adjust the original plan according to the actual situation.
4. Final negotiation stage
1) Grasp the bottom line: use the compromise and reconciliation strategy in a timely manner, strictly grasp the degree of final concession, put forward the final offer in a timely manner, and use the ultimatum strategy.
2) Bury an opportunity: form an integrated negotiation in the negotiation with a view to establishing a long-term cooperative relationship.
3) Reach an agreement: make clear the final negotiation result, show the meeting minutes and contract template, ask the other party to confirm, and determine the time for formally signing the contract.
Preparation of negotiation materials for intransitive verbs
Relevant legal materials: People's Republic of China (PRC) Contract Law, International Contract Law, Convention on Contracts for the International Sale of Goods and Economic Contract Law.
Remarks:
Law on Liability for Breach of Contract Article 107 If a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the agreement, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
The United Nations Convention on Contracts for the International Sale of Goods stipulates that force majeure refers to unforeseeable, unavoidable and insurmountable objective circumstances.
Contract specifications, background information, corresponding information, technical information and financial information (see appendix and slide materials).
Seven, formulate emergency plans
It is the first time for the two sides to hold business negotiations, and they don't know each other very well. In order to make the negotiation go smoothly, it is necessary to make an emergency plan.
1. The other party admitted the breach of contract and was willing to pay compensation, but objected to the US$ 4.5 million.
Solution: negotiate the price of the compensation amount and exchange the compromise strategy for benefits such as delivery date, technical support and preferential treatment.
2. The other party uses the power restriction strategy, claiming that the amount is limited and rejecting our proposal.
Coping: Understand the authority of the other side, the "white face" argues vigorously, appropriately uses the strategy of creating the reins, and the "red face" reveals the authority strategy of the other side in a suggestive way, and uses the skill of circuitous compensation to break through the reins; XOR uses a transfer strategy.
3. The other side used the excuse of playing strategy and caught an important problem of ours.
Response: avoid unnecessary explanations, change the subject, point out the nature of the other party's strategy when necessary, and state that the other party's strategy affects the negotiation process.
The other party resolutely refuses to make compensation according to the contract, on the grounds that the strike is force majeure according to the law.
Response: It should be taken into account that our strategic goal is to reduce losses, maintain long-term cooperative relations between the two sides, and give up compensation claims in exchange for other long-term interests.
If the other party insists on "resolutely refusing to pay compensation according to the contract", it will not make any concessions and will not make a positive response on the delivery date. Then we first highlight the importance of the other party's long-term cooperation with us and hint at the adverse effects of not reaching an agreement with us, and then make an ultimatum.
Choice model of negotiation background for business negotiation scheme 3;
Our xx factory and another xx factory are two long-term partners. Xx factory is the mold supplier of xx factory, and 80% of the molds used in xx factory are supplied by our xx factory, which is our big customer. Recently, however, the xxx factory said that the unqualified molds produced by our xx factory caused great losses to their factory, so we asked our xx factory to make corresponding compensation. Our xx factory has different views on this issue. After repeated consultations between the two sides, this issue has not been solved. Therefore, the two sides decided to solve this problem through consultation.
1, subject of negotiation
To solve the claim dispute with FLP factory in a favorable way, we should not only solve the problem, but also ensure that we can continue to cooperate with xx factory to achieve the purpose of cooperation and consultation, so that both sides are satisfied.
2. Negotiation objectives
2. 1 maximum target
The highest goal we hope to achieve in this negotiation is: not to bear any additional losses caused by unqualified molds to xx factory, and to continue to maintain friendly cooperation with xx factory, so that our xx factory can continue to provide the molds they need for production, and as before, 80% of the molds in xx factory are provided by our xx factory.
2.2 actual demand target
Our xx factory made some concessions and expressed sympathy for the loss of xx factory, so we understand the compensation they asked us to make, but it does not mean that we admit that the extra loss of their xx factory was caused by our xx factory's failure to fulfill the previous contract between the two parties. We can give some compensation, but these compensations represent some help from our xx factory, and we hope to continue to cooperate with them. In this way, the specific compensation amount is 10% of their compensation of 5 million, and we can continue to cooperate with their xx factory. Our xx factory is still the supplier of 80% molds used in their factory.
2.3 acceptable goals
Our xx factory will compensate their xx factory for its losses, which is 50% of RMB 5 million. In addition, the cooperation between the two factories will continue, and we are still the supplier of 80% molds needed by their xx factory.
2.4 Minimum target
Our biggest limitation is to compensate them for the loss of xx factory, and the compensation is 70% of their expected 5 million yuan. The two sides should continue to maintain the same cooperative relationship and mutual trust as before.
3. Composition of the negotiating team
Speaker: Manager Wang from the sales department of our xx factory.
Deputy talk: Mr. Zhang, legal adviser of xx factory, senior technician of production department, and Mr. Fu, a very experienced salesman who was responsible for selling molds to xx factory before.
Decision-maker: Manager Wang of the sales department of xx Factory, that is, our chief negotiator.
Reasons for team members:
First of all, because the other party sent the purchasing manager to negotiate with us, in order to show our sincerity, we will of course send the sales manager of xx factory to negotiate with them. Manager Wang of the sales department has many years of sales experience and rich business negotiation knowledge. He is a very leading manager and has his own opinions on dealing with problems. No matter how serious the scene is, he can play it with ease. Therefore, it is most appropriate to choose him as the main negotiator. Secondly, our deputy negotiator, this negotiation involves the relevant contents of contract law, so legal personnel are indispensable. With legal counsel to provide us with relevant legal knowledge, the negotiation will be more effective, and relevant laws can be fully applied to safeguard the legitimate rights and interests of our xx factory, so that our negotiators can clearly know which ones are our responsibilities and which ones are not. In addition, the mold involves some technical knowledge, so there should be technicians who are very familiar with mold production, so we hand over the technical problems to Li Shifu who has many years of experience in mold production in KLL factory. Because our xx factory and xx factory have many years of cooperation experience, and Mr. Fu, the salesman in charge of business dealings with the other factory, knows the situation of the other factory best. At the same time, our salesman, Mr. Fu, is very experienced in negotiation. Finally, the decision of negotiation was given to manager Wang of our sales department, taking into account his personal ability. Therefore, the members of our negotiating team are thus determined.
4. Analysis of advantages and disadvantages of both parties.
4. 1 our interest
The loss of the other factory is not caused by our failure to provide molds to the other party as stipulated in the contract, so the responsibility is not ours. We don't need to pay any compensation to each other. We can continue to do business with each other, thus creating more profits for our factory and saving our reputation.
4.2 the interests of the other party
The other party can learn from this loss, better manage the production of the factory, and also sound the alarm for the quality inspection department of the other factory, so that they can be more responsible for inspecting the materials purchased by their own factory in the future work. At the same time, the other factory will not lose such a big supplier as ours, which can reduce the unexpected risks and losses caused by looking for another supplier.
4.3 Our Advantages
Because we are a manufacturer of various types of automobile parts, our products are complete and can meet the different needs of the other factory. They can't live without us for a while. Our factory and the other factory have many years of cooperation experience, and they have formed a tacit understanding and established a cooperative relationship of mutual trust. 80% of the molds in the factory are provided by our xx factory, which shows that we are of great significance to xx factory. They can't find such a big supplier in a short time. Whether their factory can operate normally or not, our xx factory is of great significance to them, and we have absolute advantages in demand. Then, from the perspective of contract law, we did not breach the contract, and the qualified rate of the molds we provided to each other did reach more than 95%. In addition, the loss caused by the other party is that they didn't carefully check the mold before it was used in production. According to Article 158 of the People's Republic of China (PRC) Sales Contract Law, if the parties agree on the inspection period, the buyer shall inform the seller of the non-conformity of the quantity or quality of the subject matter during the inspection period. If the buyer fails to give notice within the time limit, it shall be deemed that the quantity or quality of the subject matter conforms to the agreement. This law is also beneficial to us, which is very convincing, and can make the other party realize that their negligence has caused huge losses in their FLP factory.
4.4 Our disadvantages
Because the other factory is our big customer, they have created a lot of profits for our factory, and we don't want to lose this big customer because of this. It is precisely because we attach importance to them that they may demand more compensation from us, thus harming our interests.
4.5 Advantages of the other party
Another factory can make use of the provisions in the agreement signed by both parties, that is, the qualified rate of the molds we provide is above 95%. There are different understandings of this clause. If the other factory understands this clause as the qualification rate of all parts of each set of molds is above 95%, it is not good for us, and they have reason to ask us for compensation. The disagreement on the terms of the agreement is the legal bargaining chip for the opposing party to claim compensation from us. In addition, the other party can use the fact that the FLP factory is our big customer to put pressure on us and let them take the initiative in the negotiation.
4.6 Disadvantages of the other party
Their production can not be separated from our mold supply for the time being, so they also hope to continue to cooperate with us. At the same time, we can also interpret the provisions in the contract. The qualified rate of the molds we provide for them is above 95%, which means that the qualified rate of the overall molds is above 95%, so their losses have nothing to do with us. From a psychological point of view, our position in the other party's mind is very important, so they will not offend us easily, which will put some pressure on the other party in the negotiation.
5. Negotiation procedures
5. 1 Go
Because we can't live without each other, we hope to solve the problem with a cooperative negotiation that is beneficial to both sides. To be sincere and polite and create a harmonious negotiation atmosphere is conducive to the smooth progress of cooperative negotiations. However, if the other party insists that we have not provided their factory with molds in accordance with the provisions of the agreement signed by both parties, which has caused them great losses, we should not be too weak. At this time, the principle negotiation method will be used. In the negotiation, we should separate people from things, be gentle with people and be tough with things. As long as we are reasonable, we will never be weak and stick to the principle of justice. Of course, we must strive for a win-win situation, be considerate of each other and give up our position. Recognizing that interest is the key point of negotiation, we can put forward constructive suggestions for the benefit of * * *, and we can give the other party such suggestions: when we receive the molds we provide for the other party in the future, we should carefully check them within the time limit stipulated in the contract. If we find that the product is defective, we can return it, and we absolutely and unconditionally accept the unqualified molds returned to us.
5.2 Mid-term stage
The two sides should exchange views appropriately and try to be as close as possible to our highest goal, but not too tough. After all, the other party is the loser, and we should take into account their emotions. When the other side reacts strongly to our highest negotiation goal, we can make some concessions appropriately, but we can't let the other side feel that we are compromising, so we should push our luck and put us in a passive position. We should be clear about the concession strategy, be friendly, let the other side see our sincerity, and use soft negotiation appropriately.
5.3 Closing Stage
Team members discuss countermeasures, adjust the original plan and change the strategy appropriately. Try to find a solution that can meet the goals and requirements of both parties, but we should be firm in our basic interests and needs, but be flexible in the ways to meet them.
5.4 Final negotiation stage
Prove that we have not breached the contract with relevant laws, and stick to the original view that we are not responsible for the losses of the other party, and we will not compensate, so that the other party will feel that we are completely acting in accordance with the contract and regulations, and let the other party continue to trust us and continue to cooperate with us. If the other side strongly reflects our views, we can make some concessions and negotiate with the other side according to the actual demand target. If the other party still doesn't accept it, we can continue to make concessions, but not at the bottom of our minimum goal. In the process of negotiation, no matter how unstable the other party's mood is, we should keep calm and always adhere to the principle of interests, but we should be sincere and show that we really want to solve the problem in a cooperative and friendly way. Reach an agreement with such standards and finally solve the compensation problem.
6, the specific schedule
Because the two sides have negotiated this issue many times, but it has never been solved, so the negotiation time should be concentrated, and the consultation should be held when both sides have time, and it cannot be delayed. For example, if the two sides agree to hold negotiations on a certain day, then we should try our best to solve all the problems on that day.
7. Place of negotiation
Because it is a cooperative negotiation, it is necessary to create a relaxed atmosphere. Such negotiations should be held in bars and other entertainment places suitable for negotiations.
8. Preparation of relevant materials
The main information related to this negotiation is as follows:
8. 1 Sales Contract Law
Article 157 Upon receipt of the subject matter, the buyer shall inspect it within the agreed inspection period. If there is no agreed inspection period, it shall be inspected in time.
Article 158 Where the parties agreed on the inspection period, the buyer shall notify the seller of the non-conformity of the quantity or quality of the subject matter within the inspection period. If the buyer fails to give notice within the time limit, it shall be deemed that the quantity or quality of the subject matter conforms to the agreement. If the parties have not agreed on the inspection period, the buyer shall notify the seller within a reasonable period of time when it finds or should find that the quantity or quality of the subject matter does not conform to the agreement. If the buyer fails to notify the seller within a reasonable period of time or within two years from the date of receipt of the subject matter, it shall be deemed that the quantity or quality of the subject matter conforms to the agreement. However, if the subject matter has a quality guarantee period, the quality guarantee period shall apply instead of the two-year provision. If the seller knows or should know that the provided subject matter is not in conformity with the agreement, the buyer is not limited by the notice time stipulated in the preceding two paragraphs.
8.2 Know some information about each other and know yourself.
If we know who the other party will send to negotiate with us before the negotiation, then we will analyze the information of other negotiators one by one, understand their positions and personality characteristics, and think about the countermeasures in advance.
8.3 Understand some materials related to the qualified rate of molds.
If the qualified rate of molds reaches more than 95%, how to understand it is beneficial to us, how to understand it is beneficial to each other, and if it is beneficial to each other, what measures should be taken to maintain our own views.
9, emergencies and countermeasures
When we say that the other party's loss has nothing to do with us, the other party may be very excited and may have some excessive behavior. Keep calm at this time and don't be influenced by each other's emotions. At the same time, we should try our best to appease each other's emotions, calm them down and ensure the normal negotiation.
The other party may have set their own highest goal from the beginning and be firm. At this time, we should be patient, talk to them slowly, and convince each other with the provisions of laws and contracts.
If the other side threatens us by not cooperating with us any more, we can't worry, we can't lower our goals in a hurry, we should sit tight and act like they don't care more than they do, so they can't pose a threat to us, and they may lower their goals automatically.
If we set a minimum goal and the other party still disagrees, we can't make any further concessions. We should use the principle negotiation method to safeguard our own interests, emphasize again that we should act according to the contract and be sincere to achieve the purpose of negotiation.