Because the parties to an intended joint-venture agreement must identify all the capabilities, strengths, weaknesses and intentions of the companies involved, and the attitudes and preferences of the individuals comprising the teams, the
nnegotiation atmosphere is of prime importance. Atmosphere affects and is affected
nby the kinds of experiences the parties have had with each other, the relationships established and the climate of trustworthiness created. Equally it
naffects and is affected by the market environment where the market is such that a
nswitch of allegiance to another organization is difficult and costly, considerable
nresources can be put into the relationship.
n由于預(yù)期的合資合作合同的雙方除了必須弄清對(duì)方公司的實(shí)力、優(yōu)缺點(diǎn)及意圖外,還必須弄清談判隊(duì)伍成員的態(tài)度和偏好。因此,談判氣氛就顯得至關(guān)重要了。談判氣氛和談判雙方的交往經(jīng)歷、已建立的關(guān)系及產(chǎn)生的信賴程度相互影響。同樣,它與市場(chǎng)環(huán)境也密切相關(guān),如果在市場(chǎng)上尋找別的合作伙伴很困難,且需耗費(fèi)大量資金,則現(xiàn)有的談判雙方就會(huì)投入大量資源以建立良好的合作關(guān)系。
nIf the parties are presenting the initial proposal at the end of the opening phase,the negotiators should know which parts of his offer that the Opponent is likely/unlikely to accept. They can deduce the strength of the Opponent's opposition on any issue and predict the general form of the optimum bargain on each issue the Opponent is likely to accept.
n如果雙方在開始階段結(jié)束時(shí)提出了最初建議,談判人員應(yīng)知道對(duì)手可能/不可能接受其哪些條件,由此推斷出對(duì)手在各個(gè)問題上的反對(duì)程度,并預(yù)測(cè)出對(duì)方在每個(gè)問題上可接受的大致條件。
nBefore proceeding further with the negotiations, the Party should review the results achieved from the opening phase. And then decide whether the negotiations can be placed on a bargain acceptable to both sides which can be identified immediately, or a bargain acceptable to both sides is foreseeable which will need further negotiations to achieve, or no bargain is foreseen acceptable to both sides.