1. The difference between business negotiation and legal negotiation
1. Different uses
Business negotiation is mainly aimed at the quality, price, delivery time, etc. of the proposed transaction. Negotiation of commercial terms such as delivery location; legal negotiation mainly focuses on negotiation of terms such as liability for breach of contract, dispute resolution, litigation or arbitration jurisdiction, force majeure, etc. Lawyers mainly help provide legal advice on legal risk prevention.
2. Different purposes
Business negotiation is an activity between buyers and sellers to facilitate transactions, or to resolve disputes between buyers and sellers. In short, it is to obtain profits, such as to meet the needs of customers. Sign a contract and reach an agreement on delivery time, service scope, product quality requirements, price, etc.
2. Legal negotiation is mainly about discussing and demonstrating some issues, such as communicating with the competent authorities on the established regulations of a certain place or country.
3. Different participants
The participants in business negotiations are composed of company insiders, manufacturers, customers, and even government and legal advisors. Legal negotiations involve governments, states, authorities and regulators.
2. The role of lawyers in legal negotiations
1. Lawyers have professional legal knowledge and can ensure that the content of negotiations is legal, avoid negotiation traps, and prevent legal risks. The essential role of lawyers in negotiations is to analyze the legal obstacles, potential risks, unclear rights and obligations encountered in the negotiation content and contract terms based on the background and legal environment involved in the transaction, and submit the analysis results to the client in a timely manner People make decisions.
2. Professional lawyers have rich experience in legal negotiation, which is conducive to safeguarding the interests of the parties as much as possible during the negotiation process. Due to the professional characteristics of lawyers, the work that lawyers often have to do is negotiation. For example, negotiation is required during the court mediation stage, negotiation is required during the out-of-court settlement stage, negotiation is needed to help others mediate and resolve disputes, and lawyers also need to help clients with business negotiations, etc.
So lawyers generally have rich negotiation experience, which is extremely beneficial to legal negotiations.
Extended information:
Characteristics of business negotiations:
1. For the purpose of obtaining economic benefits
Different negotiators participate in the negotiation The purposes are different. Diplomatic negotiations focus on national interests; political negotiations focus on the fundamental interests of political parties and groups; military negotiations mainly focus on the security interests of the opposing parties. Although these negotiations inevitably involve economic interests, they are often centered around a fundamental interest, and their focus is not necessarily economic interests.
Business negotiations are very clear. Negotiators have the fundamental purpose of obtaining economic benefits, and only involve other non-economic benefits on the premise of satisfying economic benefits. Although, in the process of business negotiations, negotiators can mobilize and utilize a variety of factors, and various non-economic interests will also affect the outcome of the negotiation, the ultimate goal is still economic interests.
Compared with other negotiations, business negotiations pay more attention to the economic benefits of the negotiation. In business negotiations, negotiators pay more attention to the cost, efficiency and effectiveness of the heavy equipment or technology involved in the negotiation. Therefore, people usually evaluate the success or failure of business negotiations based on the economic benefits. Business negotiations that do not pursue economic benefits lose their value and significance.
2. Value-centered negotiation
Business negotiations involve many factors, and negotiators’ needs and interests are also in many aspects, but value is almost the entire core content of business negotiations. . This is because in business negotiations, the value of price most directly reflects the interests of all negotiating parties. The gains and losses of the negotiating parties in other aspects can be more or less converted into a certain price in many cases.
And it is reflected through the rise and fall of prices. It is necessary to point out that in business negotiations, on the one hand, we must focus on price and adhere to our own interests. On the other hand, we cannot limit ourselves to price. We should broaden our thinking and strive to obtain benefits from other interests.
Because, instead of arguing with the other party on price, it is better to make the other party unknowingly make concessions on other interest factors.
This is what people engaged in business negotiations need to pay attention to.
3. Pay attention to the rigor and accuracy of the contract
The results of business negotiations are reflected through consensus agreements or contracts. The terms of the contract essentially reflect the rights and obligations of the parties. The rigor and accuracy of the contract terms are important prerequisites for ensuring that negotiations can obtain various benefits.
Some negotiators spent a lot of energy in business negotiations and finally obtained a more favorable result for themselves. In order to get the contract, the other party was forced to make a lot of concessions. At this time It may seem that you have won the negotiation, but if you are careless when formulating the terms of the contract, you do not pay attention to the completeness, strictness, accuracy, reasonableness and legality of the contract terms.
As a result, you will be led into a trap by your negotiating opponent's mistakes in the wording of terms or presentation skills. This will not only result in the loss of all the benefits obtained, but also pay a heavy price for it. In this way Examples are not uncommon in business negotiations. Therefore, in business negotiations, negotiators must not only pay attention to verbal promises, but also pay attention to the accuracy and rigor of contract terms.