Business negotiation case planning 0 1
Party A: a green tea company; Party B: A plastic building materials company.
I. Background information
Party A:
① Brand green tea is produced in a beautiful and mysterious province in southwest China, with an altitude of more than 2,200m. There, high-quality pure green tea grows in favorable climatic conditions, and its tea polyphenols content exceeds 35%, which is higher than other (discovered) tea products. Tea polyphenols can reduce blood lipid and blood pressure, and reduce the incidence of heart disease and cancer. At the same time, it can improve human immunity and is beneficial to digestion and epidemic prevention system.
② A brand of green tea has been registered for production, with good brand and creativity, and the brand effect has taken shape in the province.
(3) Have a complete set of planning and publicity strategies.
④ A series of relatively smooth sales channels have been initially formed, with outlets in a well-known chain pharmacy and other large supermarkets and tea chain stores in the province, and the sales situation is good.
The brand's popularity is not enough, but I believe this brand will have a very broad market prospect in the next few years.
⑥ Lack of sufficient funds, need to attract funds to expand production scale and publicity.
⑦ Existing brands, means of production, publicity and planning, marketing channels and a series of tangible and intangible assets, with an estimated value of 6,543,800 yuan.
Party B:
(1) has been engaged in building materials for many years and accumulated certain funds.
(2) Prepare to invest with idle funds. Because the green tea market has been good in recent years, the initial investment is the green tea market.
③ The investment budget is within 654.38+500,000 RMB.
(4) I hope to see a return within one year, with an annual rate of return of more than 20%.
⑤ I don't know much about the market and situation of green tea, but Party A provided relevant information about its products.
⑥ According to the investigation, Party A's green tea products have initially formed a series of relatively smooth sales channels, and the sales in a well-known chain pharmacy in the province are good, but the popularity needs to be improved.
Second, the negotiation objectives
① Solve the problems before the joint venture (cooperation) between the two parties.
② Achieve the purpose of joint venture (cooperation).
Third, the content of the negotiations.
Party A:
① Require Party B to contribute not less than RMB 500,000.
2 Guaranteed holding.
(3) Reasonably explain the assets appraisal of 654.38+million yuan (including brand, existing tea and finished products, means of production, publicity and planning, marketing channels, etc.). ).
(4) Party A is responsible for production, publicity and sales.
⑤ Party B requires the annual income to reach more than 20%, and hopes that Party A can guarantee it according to the specific situation.
6. Party B requires Party A to explain the purpose of the funds after obtaining them.
⑦ Risk sharing (hint: for example, you can buy insurance, and the insurance cost can be included in the cost).
(8) Profit distribution.
Party B:
① It is known that Party A requires a capital contribution of not less than RMB 500,000.
Business negotiation case planning 02
I. Theme of the negotiations
Solve the difficult problems before joint venture (cooperation), achieve the purpose of joint venture (cooperation), and establish long-term good and stable relations.
Second, the composition of the negotiating team.
Main talk: xxx, formulate strategies, safeguard our interests, and preside over the negotiation process;
Auxiliary talk: xxx, assisting the main talk, making all preparations, solving professional problems, and making decisions;
Recorder: xxx, collecting and processing negotiation information, recording during negotiation, reviewing and modifying negotiation agreement;
Legal adviser: xxx, solving related legal disputes and data processing.
Three. Company background of both parties to the negotiation (the other party: a green tea company, and ours: a building materials company)
Our background
1, has been engaged in building materials business for many years and accumulated certain funds.
I'm going to invest with idle funds. Because the green tea market has been good in recent years, the initial investment is the green tea market.
3. The investment budget is within RMB 6,543,800+500,000.
4. I hope to see returns within one year, and the annual rate of return is above 20%.
I don't know much about the market of green tea, and I don't know much about the situation of green tea, but Party A provided relevant information about its products.
6. According to the investigation, Party A's green tea products have initially formed a series of relatively smooth sales channels, and the sales in a well-known chain pharmacy in the province are good, but the popularity needs to be improved.
(2) The background of the other party
1. Brand green tea is produced in a beautiful and mysterious province in southwest China, with an altitude of over 2200m. There, high-quality pure green tea grows in favorable climatic conditions, and its tea polyphenols content exceeds 35%, which is higher than other (discovered) tea products. Tea polyphenols can reduce blood lipid and blood pressure, and reduce the incidence of heart disease and cancer. At the same time, it can improve human immunity and is beneficial to digestion and epidemic prevention system.
2. A brand of green tea has been registered, with good brand and creativity, and has formed a brand effect in the province.
3. Have a complete set of planning and publicity strategies.
4. A series of relatively smooth sales channels have been initially formed, and they have been opened in a well-known chain pharmacy and other large supermarkets and tea chain stores in the province, and the sales situation is good.
The brand's popularity is not enough, but I believe this brand will have a very broad market prospect in the next few years.
6, lack of sufficient funds, need to attract funds to expand the scale of production, expand publicity.
7. A series of tangible and intangible assets such as existing brands, means of production, publicity and planning, marketing channels, etc., with an estimated value of 6.5438+million yuan.
Four. Analysis of the benefits, advantages and disadvantages of both parties
Our core interests:
1, strive for maximum profit;
2. Strive for the largest share of shareholders' interests;
3. Establish long-term friendly relations.
The interests of the other party:
Get the biggest investment.
Our advantages:
1, with idle funds;
There are many kinds of investments to choose from.
Our shortcomings:
1, lack of understanding of health care products market, lack of professional knowledge as a support, and little understanding of green tea.
2. The investment prospect is unknown.
Advantages on the other hand:
1, registered to produce a brand of green tea, the brand and creativity are very good, and the brand effect has begun to take shape in the province.
2. It has a complete set of planning and publicity strategies;
3. A series of relatively smooth sales channels have been initially formed, and sales points have been set up in a well-known chain pharmacy and other large supermarkets and tea chain stores in the province, and the sales situation is good.
Disadvantages on the other side:
1, brand awareness is not enough;
2. Lack of sufficient funds, need to attract funds for: 1) expanding production scale. 2) Expand publicity.
Verb (abbreviation for verb) negotiation goal
1, strategic objective:
Negotiate peacefully, reach a joint venture agreement according to our conditions, and get the corresponding profits and shares we hope.
Cause analysis: the other party is a provincial enterprise. Although the brand and creativity are good, it has not yet formed a certain brand benefit.
Cooperation mode: We invest in the form of capital, and inject capital quarterly, with an initial investment of 6,543,800+0,000. It is decided through consultation on the specific circumstances that the insurance fee is included in the cost.
We demand that:
(1) Make a reasonable explanation for the assets appraisal of 3 million yuan (including: brand, existing tea and finished products, means of production, publicity and planning, marketing channels, etc.). );
(2) Require the annual income to reach more than 20%, and hope that the other party can use specific circumstances to ensure that it can be achieved;
(3) ask the other party to explain the purpose of the funds obtained;
(4) Require 60% of the shares;
(5) It is required to arrange certain supervisors to participate in the whole process of supervision, especially in financial management;
(6) within three years, ask the other party to realize the withdrawal of funds and start making profits.
Our bottom line is:
(1) Initial investment 1.2 million;
(2) The share ratio is above 48%;
(3) The financial department of the other party must have our members;
2, emotional goals:
Through this cooperation, I hope not only to achieve the purpose of joint venture, but also to establish long-term friendly relations.
Negotiation procedures and specific strategies of intransitive verbs
1, open:
Scheme 1: Emotional communication opening strategy: By talking about the situation after the cooperation between the two sides, an emotional buzz will be formed, and the other side will be introduced into a more harmonious negotiation atmosphere to create a mutually beneficial and win-win model.
Option 2: Take an offensive opening strategy: create a low-key negotiation atmosphere, clearly point out that there are many investment options, and offer a higher share, thus forming a psychological advantage and putting us in an active position.
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, 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 your 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 your chips, and give in the amount of compensation 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 reaching an agreement with us, and at the same time apply both hard and soft measures, implying that if the other party fails to reach an agreement with us, we will immediately negotiate with other investors.
(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. Intersessional period
Adjust the original plan according to the actual situation when necessary.
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 to formally sign the contract.
Seven. Prepare negotiation materials
Relevant legal information:
People's Republic of China (PRC) Contract Law, International Contract Law and Convention on Contracts for the International Sale of Goods.
Remarks:
Liability for breach of contract law
Model contract, background information, corresponding information, technical information and financial information.
Eight, emergency plan
1. The other party disagrees that we own 60% of the shares and that the insurance premium is included in the cost.
Coping plan:? White face? It can be said that the strategy of creating a reins is used appropriately. Red face? Then reveal the authority strategy of the other side with hints, and break through the reins with circuitous compensation skills; Or use the diversion strategy to negotiate the share of the other party's quotation, and use the compromise strategy to give up insurance at the right time and include it in the cost. At the right time, we can even promise each other that we can provide factories (at 60% of the market price), negotiate at 48% of the bottom line, or ask the other party to give more than 20% of the profits.
2. The other party refuses our personnel to participate in various processes on the grounds that we don't understand production and sales.
Solution: Make appropriate concessions on the bottom line of participating in each other's financial management, and take the opportunity to increase the share of 2%-3% or the profit of 5%- 10%.
3. The other party requests to increase the upfront investment.
Solution: explain the reason for our initial investment and explain the investment form again, so that the other party can understand us. We can increase the investment appropriately, but we must ask the other party to increase the share of 1%-2%, or ask the other party to increase the profit by 5%-8%.
② Party A is responsible for production, publicity and sales.
(3) Require Party A to make a reasonable explanation for the asset appraisal of RMB 654.38+million.
(4) how to ensure the safety of funds, and how to explain whether the capital investment will be rewarded.
⑤ Party B requires an annual income of more than 20%, and hopes that Party A can guarantee it according to the specific situation.
6. Party B requires Party A to explain the purpose of the funds after obtaining them.
⑦ Risk sharing (for example, you can buy insurance, and the insurance cost can be included in the cost).
(8) Profit distribution.
Business negotiation case planning 03
I. Theme of the negotiations
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: Hu Da, the plenipotentiary of company negotiation;
Decision maker: He Yuxiang, responsible for making decisions on major issues;
Technical consultant: Tao Jia, in charge of technical issues;
Legal adviser: Zhang, in charge of legal affairs;
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.
Interests of the other party: solve the compensation problem and maintain the long-term cooperative relationship between the two parties.
Our advantage: 1. Our company has a share of 1/3 in the domestic electricity market. If the other party does not reach a cooperation with us, it will cause huge losses.
Our weakness: 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.
3. Our company's rough goods are in short supply, which has a bad influence. We urgently need to cooperate with each other, otherwise it may cause greater losses.
Advantages of the other party: 1, legal advantages: provisions on strike as force majeure.
2. According to the contract, the penalty for delayed delivery caused by force majeure is not applicable.
Disadvantages of the other party: As a defaulting party, it is faced with relevant negotiations with several contracting companies, and it may be in trouble if no agreement can be reached.
Fourth, the negotiation objectives
1. Strategic goal: to solve this claim problem honorably and pragmatically, with a view to reducing losses and maintaining the long-term cooperative relationship between the two parties.
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 objective:
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 Get the symbolic compensation from the other party, let the other party admit the mistake and recover the reputation loss of our company.
Deliver the goods 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, open:
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, firmly point out that the other party has brought us huge losses due to the delay in 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, the strategy of using the topic: listen carefully to the other party's statement, grasp the other party's problems, and attack the breakthrough.
2. The principle of combining law with facts: put forward our legal basis and analyze the strike.
Refute it
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, shift the negotiation topic from the location of the strike to the delivery date and long-term interests in time, 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 are, 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: rely on information to convince people, 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 pause, 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 strategy of compromise and reconciliation in a timely manner, strictly grasp the degree of final concession, make the final offer at the right time, 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 formal signing time of the contract.
Preparation of negotiation materials for intransitive verbs
Relevant legal information:
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 law
Article 107 If a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the contract, it shall be liable 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).
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 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: Know each other's authority. White face? It can be said that the strategy of creating a reins is used appropriately. Red face? Then reveal the authority strategy of the other side with hints, and break through the reins with circuitous compensation skills; 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 considered 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.
5. What if the other party insists? Resolutely refuse to pay compensation according to the contract? At this point, we will not make any concessions, nor will we respond positively to 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.
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