留学生商法essay [3]
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关键词:Law Essay谈判代表Negotiators留学生商法
摘要:本文是一篇留学生商法essay,谈判是两个人或团体对不同的需求或想法达成共同协议的过程。奥利弗(1996)将谈判描述为“谈判代表共同搜索一个多维空间,然后在空间的一个单点相互同意。
” [13] They will stop at nothing to impress their clients and justify the use of unethical technique saying, the opponent was going to submit or it is necessary in the case of emergency or stating it to be harmless. Competitive negotiators are also called as ' distributive negotiators'
Cooperative Negotiators
“Cooperative negotiations are particular type of negotiations where agents cooperate and collaborate to achieve a common objective, in the best interest of system as whole. In cooperative negotiation, each agent has a particular point of view of the problem and the results are put together via negotiations trying to solve the conflicts posed by having only partial view.” [14] In the interest of everyone, these negotiators put together an optimized partial view and cooperate to reach a common object. “Cooperative negotiation is a kind of negotiation that takes advantages of the cooperative nature of the agents to maximize social utility” [15] To reach a settlement various offers or concessions would be considered through compromises. Focus is made on reaching an agreement rather than a continuous dispute, keeping in mind some gain to the opposite party as well. Expansion of resources between both parties is welcome. [16] When a party does not have a strong bargaining position this method of negotiation is adopted. “In this type of negotiation the tactics or techniques that negotiators use to reach an agreement are adding issues, subtracting issues, substituting issues, and logrolling.” [17] Characteristics of cooperative negotiators are as below.
The negotiators give importance to the relationship with opposite party.
They would communicate with honesty.
They would use soft language in communication.
The attitude towards opposite party is friendly and cooperative.
They will be ready to compromise and sacrifice.
They will add certain items to the deal, even if the incur a loss.
They may talk less and listen more.
To resolve a dispute the cooperative negotiator communicates the intention of cooperative negotiation. Other ADR methods may also be proposed, the method of negotiation may not necessarily be communicated. Problem and plan of negotiation may be sent to the opponent negotiator. They show concern about the opposite party. A cooling off period is proposed in case of no positive outcome. A cooling off period allows both parties to consider the happenings and the proposed solutions. Time for evaluation of gains and loses is proposed in the meeting. There after the negotiator can start with fresh new ideas and solutions. In order to reach a final settlement, during the period the negotiator may give a concession or compromise on certain terms. Benefit of this type of negotiation is they can tackle tough environments and smoothing out the flow of negotiation. Cooperative negotiators are also called as ‘integrative negotiators’.
II. Comparison between Competitive and Cooperative negotiation tactics
In recent past, researchers have made two attempts to sort out methodically a wide range of bargaining tactics, providing a more speculative cover to the nuts-and-bolts, tactical perspective of the negotiating process, classified as either “cooperative” or “competitive”. For example, a competitive negotiator makes ridiculous, extreme opening demands which they a
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