留学生商法essay [5]
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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。
han the market prices is profit for the buyer. Hence they both are at profit. Therefore when the condition of the market is in favour of both parties and they are left with no choice, a competitive negotiator stands to gain and when the condition of market favors one party it is always good to have cooperative negotiation.
Attitude of competitive negotiator is hostile towards the opponent whereas cooperative negotiator is helpful. Competitive negotiators are only interested in themselves and in a settlement that works only in their favour. On the other hand the cooperative negotiators are outcome oriented and may even give away some demands if it results in a settlement. The competitive negotiators make one sided demands without offering anything in return, they only want to get but do not want to give. The cooperative negotiator may make a demand with something in return for it. They also submit to the opposite demands with considering their own. This form may be harmful if the opponent has adopted the competitive approach. Cooperative negotiator gives most away in order to reach a settlement.
III. Why Competitive Negotiation is more effective than Cooperative Negotiation.
Cooperative Negotiation seems nice, but may not be as effective. There are certain reasons for that. Since they give away, they subtract items from the deal resulting in negotiation loss instead of negotiation profit. They offer their best deal, by adding items to an already existing list. However, this may not be approved by the opposite party. The opposite party may consider other options before accepting the deal. For example, someone selling a house may also provide furnishing free, but the buyer may already have it, or the stuff may be available for less else where. Therefore negotiation may not always give the expected result. In such a situation competitive negotiator will demand a discount and refuse the additional. They may want to buy the furnishing later or from elsewhere. Thus adding more items may not always have favourable results. However, demanding a discount may result in an actual cash discount.
Successful negotiation depends on good ground work such as gathering information about the opposite party before negotiation. The upper and lower limit of the terms of negotiation, need to be discussed before negotiation starts. This help to arrive at a decision. The cooperative negotiator may assume certain figures or may have a list of things to offer or might even have set a lower limit of the offer they plan to give. Similarly they may get less than the anticipated negotiation profit. The situation will be different in a competitive negotiators case, they accept only a deal favourable to them. For example, 10 employees resign due to no increment on the same day. The management negotiates and offers promotion, free transport and health insurance but no increment. Jack is a cooperative negotiator and is only interested in a raise of 25% and nothing else. Others take the offer, but company wants to retain them all and accept an increase for Jack. Competitive Negotiators will never settle for less and thus obtain the desired outcome.
Competitive negotiators lie to get a favourable outcome. They modify the opponents perception and convince them of how unfruitful the outcome would be if the deal goes as per the other parties terms. For example, let’s say Martin has a land to sell. He do
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