Business negotiation case planning 01
Negotiation Party A: a green tea company Negotiation Party B: a plastic building materials limited company
I. Background information
Party A:
① Brand green tea is produced in a beautiful and mysterious province, which is located in southwestern China, at an elevation of more than 2,200 meters. There, the favorable climatic conditions grow high-quality and pure green tea, which contains more than 35% of tea polyphenols, higher than other (discovered) tea products. Tea polyphenols have the ability to lower fat, lower blood pressure, and reduce the chances of heart disease and cancer. At the same time, it improves immunity and is beneficial to the digestive and defense systems.
② has been registered to produce a certain brand of green tea, brand and creative are very good, the brand effect in the province's initial formation.
③ has a complete set of planning, publicity strategy.
④ has initially formed a series of smooth sales channels, a well-known chain of pharmacies in the province and other large supermarkets, tea chain stores are set up, sales are good.
⑤ brand awareness is not enough, but believe that this brand will have a very broad market prospects in the next few years.
⑥ lack of sufficient funds, the need to attract funds for expanding the scale of production, expanding publicity.
⑦ A series of tangible and intangible assets such as existing brands, production materials, publicity planning, marketing channels, etc., with an estimated value of 10 million RMB.
B:
① business building materials business for many years, has accumulated a certain amount of money.
② ready to use idle funds for investment, because in recent years the green tea market is good, so the initial intention to invest in the green tea market.
③ The investment budget is less than 1.5 million RMB.
④ I hope to see a return within one year, and the annual return rate is more than 20%.
⑤ Do not know much about the market of green tea, and know little about green tea, but Party A has provided corresponding information about its products.
⑥ According to the survey that party A's green tea products have initially formed a series of relatively smooth sales channels, in the province, a well-known chain of pharmacies in good condition, but the visibility is still to be improved.
Second, the negotiation objectives
① to solve the two sides of the joint venture (cooperation) before the difficult issues.
② To achieve the purpose of the joint venture (cooperation).
Third, the content of the negotiations
Party A:
① Require Party B to contribute not less than 500,000 yuan.
② Guaranteed holding.
③ Reasonable explanation for the asset evaluation of 10 million RMB (including brand, existing tea and manufactured products, production materials, publicity and planning, marketing channels, etc.).
④ Party A will be responsible for the production, publicity as well as sales.
⑤ Party B requires an annual return of more than 20% and expects Party A to guarantee its realization with specifics.
⑥ Party B requires Party A to explain the use of the funds after obtaining them.
⑦ risk-sharing issues (hint: for example, you can buy insurance, insurance costs can be included in the cost).
⑧ profit sharing.
Party B:
① A party has learned that the amount of capital contribution is not less than 500,000 yuan.
Business negotiation case planning 02
I. Negotiation theme
To solve the difficult problems of the two sides before the joint venture (cooperation), to achieve the purpose of the joint venture (cooperation), and to establish a good and stable long-term relationship.
Second, the composition of the negotiation team
The main negotiator: xxx, the development of strategy, to protect our interests, preside over the negotiation process;
The auxiliary negotiator: xxx, auxiliary to the main negotiation, to make preparations, to solve the professional problems, and to make a good decision to argue;
The record-keeper: xxx, to collect and process the negotiation information, the record of the negotiations, and to review and modify the negotiation agreement;
Legal adviser: xxx, to collect and process the negotiation information, the record of negotiations, to review and modify the negotiation agreement;<
Legal Counselor: xxx, to resolve related legal disputes and data processing.
Third, the negotiation between the two companies background (the other side: a green tea company, our side: a building materials company)
(a) our background
1, operating building materials business for many years, has accumulated a certain amount of money.
2, ready to use idle funds for investment, due to the green tea market in recent years is good, so the initial intention to invest in the green tea market.
3, the investment budget of 1.5 million yuan.
4, hope to see a return within a year, and the annual rate of return of more than 20%.
5, the market for green tea does not know much about the green tea market, and know very little about the green tea, but party A has provided the appropriate information on its products.
6, according to the survey that party A's green tea products have been initially formed a series of relatively smooth sales channels, a well-known chain of pharmacies in the province in good condition, but the visibility has to be improved.
(B) the other side of the background
1, the brand green tea produced in a beautiful and mysterious province, which is located in southwestern China, more than 2,200 meters above sea level. There, superior climatic conditions grow high-quality and pure green tea, which has a tea polyphenol content of more than 35%, higher than other (has been found) tea products. Tea polyphenols have the ability to lower fat, lower blood pressure, and reduce the chances of heart disease and cancer. At the same time, it improves the body's immunity and is beneficial to the digestive and defense systems.
2, has been registered to produce a certain brand of green tea, brand and creativity are very good, brand effect in the province's initial formation.
3, has a complete set of planning, publicity strategy.
4, has initially formed a series of relatively smooth sales channels, a well-known chain of pharmacies in the province and other large supermarkets, tea chains have set up, sales are good.
5, brand awareness is not enough, but believe that this brand will have a very broad market prospects in the next few years.
6, the lack of sufficient funds, the need to attract funds for expanding the scale of production, expanding publicity.
7, the existing brand, production materials, publicity and planning, marketing channels and a series of tangible and intangible assets, the estimated value of 10 million yuan.
Fourth, the interests of both sides and the analysis of advantages and disadvantages
Our core interests:
1, to maximize the amount of profit;
2, to maximize the shareholders' interests;
3, the establishment of long-term friendly relations.
The interests of the other party:
To get the maximum limit of investment.
Our advantage:
1, have idle funds;
2, there are multiple investments to choose from.
Our disadvantages:
1, lack of understanding of the market for health care products, there is no professional knowledge as a support, and little knowledge of the situation of green tea
2, the investment prospect is not clear
The other party's advantages:
1, has been registered to produce a certain brand of green tea, the brand and the creativity is very good, the brand effect in the province is initially formed.
2, has a complete set of planning, publicity strategy;
3, the initial formation of a series of relatively smooth sales channels in the province, a well-known chain of pharmacies and other large supermarkets, tea chains have set up, sales are good.
The other party disadvantage:
1, brand awareness is not enough;
2, the lack of sufficient funds, the need to attract funds for: 1) expanding the scale of production. 2) expanding the publicity.
V. Negotiation objectives
1, strategic objectives:
Peaceful negotiations, according to our conditions to reach a joint venture agreement, to obtain the corresponding profits we hope, as well as shares.
Reason analysis: the other party is a provincial enterprise, although the brand and creativity is good, but has not yet formed a certain brand efficiency.
Cooperation: we invest in the form of funds, quarterly injection of funds, the initial investment of 1 million, the specific circumstances of the negotiation decision, the cost of insurance is included in the cost.
Our requirements:
(1) a reasonable explanation of the asset evaluation of 3 million yuan (including: brand, existing tea and manufactured products, production materials, publicity and planning, marketing channels, etc.);
(2) the requirements of the annual return of 20% or more, and hope that the other party can use the specifics of the situation to ensure that it can be realized;
(3) the other party to obtain the funds to inject funds in the form of funds in quarterly installments of 1 million, the insurance costs into the cost of negotiation. ) requires the other party to explain the use of funds obtained;
(4) requires 60% of the shares;
(5) requires the arrangement of a certain number of supervisors to participate in the supervision of the whole process, especially in the management of financial aspects;
(6) within three years, requires the other party to realize the return of funds, began to make a profit.
Our bottom line:
(1) an initial investment of 1.2 million;
(2) shareholding of more than 48%;
(3) the other side of the financial sector must have our members;
2, the emotional goal:
Through the cooperation, I hope to be able to not only achieve the purpose of the joint venture, but also to establish a long term friendly relations.
Through this cooperation, we hope not only to achieve the purpose of joint venture, but also to establish long-term friendly relations.
Six, the negotiation process and specific strategies
1, the opening:
Program 1: emotional exchange opening strategy: by talking about the two sides of the cooperation after the formation of emotional *** Ming, the other party into a more cordial negotiation atmosphere, to create a mutually beneficial *** win mode.
Option 2: take the offensive opening strategy: create a low-key negotiation atmosphere, clearly point out that there are a number of investment options, open a high share of the shares, in order to create a psychological advantage, so that we are in an active position.
2, the mid-term stage:
(1) red face and white face strategy: by two members of the negotiations, one of which acts as a red face, a white face to assist in the agreement negotiated, to grasp the rhythm of the negotiation and the process, so as to take the initiative.
(2) Layer by layer, step by step strategy: skillfully put forward our expected benefits, the first easy and then difficult, step by step to fight for the benefits.
(3) grasp the principle of concession: clear where our core interests, the implementation of the strategy of retreat, retreat one step into two steps, to do a roundabout compensation, make full use of the chips in hand, when appropriate, you can give back the amount of compensation in exchange for other greater benefits.
(4) highlight the advantages: to support the information, 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 of the failure of the agreement with us, we will immediately negotiate with other investors.
(5) break the deadlock: reasonable use of the pause, first calmly analyze the reasons for the impasse, and then can be used to grasp the other side of the line of affirmation, the negative side of the substance of the method of lifting the stalemate, and timely use of the East meets West strategy to break the deadlock.
3, 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, to grasp a strict grasp of the magnitude of the final concessions, at the appropriate time to make the final offer, the use of ultimatum strategy.
(2) bury the opportunity: the formation of integrated negotiations in the negotiations, with a view to establishing a long-term cooperative relationship
(3) reach an agreement: clear final results of the negotiations, show the minutes of the meeting and the model contract, ask the other party to confirm, and to determine the time to formally sign the contract.
VII. Preparation of negotiation materials
Relevant legal information:
The Chinese People's **** and the State Contract Law, the International Contract Law, the Convention on Contracts for the International Sale of Goods
Remarks:
The Contract Law, breach of contract
The model contract, background information, the other side of the information, technical information, financial information.
VIII. Contingency plan
1. The other party does not agree that we have 60% of the shares, and does not agree that the insurance premium is included in the cost.
Response program: ? White face? According to the reasoning, the appropriate use of the creation of the reins of the Bureau of Strategy,? The red face? And then by implication to expose the other side of the authority of the strategy, and the use of circuitous compensation techniques, to break through the reins; or use the sound East meets West strategy, on the other side of the reported shares for negotiation, the use of compromise tactics, you can give up in due course of the insurance into the cost, and at the appropriate time or even promise the other side of the plant we can provide (at a price of 60% of the market price), the negotiation of the bottom line in the 48%, or require the other side to give More than 20% of the profit amount.
2, the other party does not understand the reasons for the production and sales refused to our personnel involved in the various processes.
Response: In the request to participate in the other side of the bottom line of financial management requirements, appropriate concessions, and take the opportunity to ask for an increase of 2% -3% of the shareholding or 5% -10% of the amount of profit.
3, the other side asked to increase the amount of upfront investment.
Response: explain the reasons for our prior investment, and will invest in the form of elaboration again, so that the other side to understand our side, we can properly increase the investment, but we must ask the other side to increase the shareholding of 1% -2%, or ask the other side to increase the amount of 5% -8% of the profit.
② request by the A party responsible for the production, publicity and sales.
③ Require Party A to give a reasonable explanation for the 10 million RMB in asset evaluation.
④ How to ensure the safety of the funds, and whether the capital investment will be returned to the security measures require a corresponding explanation.
⑤ Party B requires an annual return of more than 20%, and hopes that Party A can guarantee its realization with specific circumstances.
⑥ Party B requires Party A to explain how the funds will be utilized after obtaining them.
⑦ The issue of risk sharing (e.g. insurance can be purchased and the cost of insurance can be included in the cost).
⑧ profit sharing.
Business negotiation case planning 03
I. Negotiation theme
To solve the problem of delayed delivery of turbine rotor blank claims, to maintain the long-term relationship between the two sides
Second, the negotiation team
The main negotiator: Hu Da, the company negotiated with the plenipotentiary representative;
Decision maker: He Yuxiang, responsible for decision-making on major issues;
Technical consultant
Technical Advisor: Tao Jia, responsible for technical issues;
Legal Advisor: Zhang Weiyan, responsible for legal issues;
Third, the interests of both parties and the analysis of the advantages and disadvantages
The core interests of our side: 1, the other side of the demand for the earliest possible delivery of the goods
2, to maintain a long-term relationship between the two sides
3, the other side of the demand for compensation to make up for the loss of
The interests of the other side: to solve the compensation problem, to maintain long-term cooperative relations between the two sides
Our advantages: 1, our company occupies 1/3 of the domestic power market, the other side and our failure to reach cooperation will cause great losses
Our disadvantages: 1, in the law about the strike belongs to the scope of force majeure which is extremely advantageous to the other side, the other side will refuse to pay compensation based on the < /p>
2, the other side will be the most important factor to the other side, the other side will be the most important factor to the other side.
2, the other side of the delayed delivery of my company has brought the loss of profit, reputation
3, my company's shortage of supply of blanks, the impact is bad, urgent cooperation with the other side, otherwise it will probably cause greater losses
The other side advantage: 1, legal advantages: the provisions of the strike is force majeure
2, the other side of the force majeure according to the contract, the delay in delivery of the force majeure will not be subject to penalties
Disadvantages of the other party: belonging to the breach of contract, facing negotiations with many contracted companies, failure to reach an agreement will probably be in trouble
Fourth, the negotiation objectives
1, the strategic objective: a decent, pragmatic solution to the claim, focusing on the reduction of losses, and to maintain the long-term relationship between the two sides
Analysis of the reasons: let the other party to deliver as soon as possible is far more important than asking the other party to pay for the loss
Reason analysis: let the other party to deliver as soon as possible. Reason analysis: it is far more important to let the other party deliver the goods as soon as possible than to ask the other party to pay for the damages, and it is urgent to maintain the long-term cooperative relationship with the other party
2. Claim objectives:
Quotation: ① Payment: 4.5 million US dollars
② Delivery date: two months later, i.e., in November
③ Technical support: the other party is requested to send a team of technical consultants to our company to provide technical guidance
④ Preferential treatment: the same priority should be given to the other party. Preferential treatment: priority supply under the same conditions
⑤ Price target: in order to make up for our losses, to the other side of the unit price reduction of 5% of the request
Bottom line: ① to obtain the other side of the symbolic compensation, so that the other side to admit the error, to save the loss of our company's reputation
② as soon as possible to deliver far in order to reduce our losses
③ the other side of the long-term cooperation with us
p> V. Procedures and specific strategies
1, the opening:
Program 1: emotional exchange opening strategy: by talking about the two sides of the cooperation to form an emotional **** Ming, the other party to introduce a more congenial negotiating atmosphere
Program 2: to take the offensive opening strategy: to create a low-key atmosphere of negotiation, pointed out that the other side of the delayed delivery of our huge losses, issued a fine of 4.5 million dollars! Legal basis, and analysis of the strike incident
Rebuttal
2, the mid-term stage: 1, red face and white face strategy: one of the two members of the negotiation to act as a red face, a white face to assist in the negotiation of the agreement, the negotiation topic will be shifted from the positioning of the strike incident to the delivery date and long-term interests, to grasp the rhythm and process of negotiation, so as to take the initiative
2, the layers of the negotiation, the negotiation process, and thus take the initiative
2, the negotiation process is not the only one, but the negotiation process is not the only one. p>
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, retreat one step into two steps, to do a roundabout compensation, make full use of the chips in hand, when appropriate, you can give back the amount of compensation in exchange for other greater benefits
4, highlighting the advantages: information as support, to convince people, emphasize the success of the agreement with us to the other side of the benefits, while soft and hard, suggesting that the other side if the agreement with us fails there will be huge losses
5, break the deadlock: reasonable use of the pause, first calmly analyze the reasons for the impasse, and then can be used to grasp the certainty of
The other side of the line, the negation of the substance of the method to lift the stalemate
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 party, and determine the time of formal signing of the contract
Sixth, the preparation of negotiation materials
Relevant legal information:
The Chinese People's Republic of China and the State of Contract Law, International Contract Law, Convention on Contracts for the International Sale of Goods, Economic Contract Law
Remarks:
Default Liability in Contract Law
Article 107 If one of the parties fails to fulfill the contractual obligations or the fulfillment of the contractual obligations is not in accordance with the agreement, the party concerned shall bear the responsibility of continuing to fulfill the obligations, taking remedial measures or compensating for the damages. p> The United Nations Convention on Contracts for the International Sale of Goods stipulates that: force majeure refers to force majeure refers to the unforeseeable, unavoidable and insurmountable objective circumstances
The model contract, background information, the other side of the information information, technical information, financial information (see the appendix and the slide information)
VIII, the development of contingency plans
The two sides is the first time that the business negotiations. They don't know each other very well. In order to make the negotiations go smoothly, it is necessary to develop contingency plans.
1, the other party admitted breach of contract, willing to pay compensation, but 4.5 million U.S. dollars to express dissent
Response: the amount of compensation for price negotiations, the use of compromise strategy, in exchange for delivery, technical support, preferential treatment and other benefits.
2. The other party uses the strategy of limited power, claiming that the amount of restriction, rejecting our proposal.
Response: Understand the other side of the authority of the situation,? The first thing you need to do is to make sure that you have a good understanding of what you are doing. The reasoned argument, the appropriate use of the manufacture of the reins of the Bureau of Strategy,? The first is to make sure that you have a good understanding of what you are doing and how you are doing it. And then reveal the other side of the authority strategy in a suggestive way, and use the technique of compensation in a roundabout way to break through the reins; or use the strategy of sounding out the east and hitting the west.
3. The other side uses the strategy of borrowing to play on an important issue to catch us.
Response: Avoid unnecessary explanations, you can change the topic, if necessary, you can point out the nature of the other party's strategy, and declare that the other party's strategy affects the negotiation process.
4, the other party based on the law about the strike belongs to force majeure and thus in accordance with the contract firmly refused to compensate.
Response: Considering that our strategic goal is to minimize losses and maintain a long-term relationship between the two sides, we should give up our compensation claims and
exchange them for other long-term benefits.
5, if the other party insists on the ? According to the contract firmly refused to compensate? On the 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 bad influence, and then make an ultimatum.
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