[Boutique] business negotiation planning book
I. Negotiation theme
Diverted from Inner Mongolia Foreign Economic and Trade Group, became the main manager of the new company and became its shareholder
Second, the negotiating team consists of members: greet decision makers: technical consultant legal counsel
Third, the preliminary preparations for the negotiations
We have worked for several decades in the Finance Department of the Inner Mongolia Autonomous Region Economic and Trade Group Corporation, and have a relatively deep understanding of Inner Mongolia's economic development, human environment and resource advantages. Party B was separated from the Inner Mongolia Foreign Trade and Economic Cooperation Department in 1996 under the general situation of decoupling government and enterprises in China. More than ten subsidiaries of the former foreign trade system and more than ten overseas offices are managed by the group head office. The group head office has a total of more than 60 people, most of whom are staff members of the former Inner Mongolia Foreign Trade Office. In the past four years, the company has not been able to escape the thinking mode of administrative management in the past, and its business development has not improved. Recently, a major measure for the reform of the group's head office is to guide subordinate companies to reduce the number of employees and shareholdings. Fourth, the advantages and disadvantages of both sides analysis of our advantages: 1, Yingxi has conducted a more detailed market research on the cashmere products market, and conceived a marketing plan, in terms of product targets, marketing channels and marketing methods have been compared Clear plan; 2. Welcoming in management is very capable, and has the determination and confidence to do business;
3. The negotiation result has a small risk of welcoming. Even if it is unsuccessful, Mr. Ying Yan can get other preferential policies for the group company to be laid off. Our disadvantages:
1. Less self-owned funds 2. Less industry experience and advantages:
1. Have the power to make decisions;
2, may not be interested in this negotiation, the other party's disadvantages:
1. Lack of experience in modern enterprise management 2. Lack of professional managers 4. Negotiation goals Our goals:
1. Ideal goal: Divide from Inner Mongolia Foreign Trade Group and request 35% equity of D Company to become the company's main management personnel.
2, the minimum goal: to obtain 20% of the equity, become the company's main manager. Target of the other party:
1. Continue to collect management fees, the specific amount increased from 250,000 yuan to 300,000 yuan 2, personnel diversion
V. Specific plans and strategies 1. Opening:
Option 1: Emotional exchange-based opening strategy: form an emotional resonance by talking about the cooperation between the two parties,
The other party introduced a more harmonious atmosphere of negotiation
Option 2: Adopt an offensive start strategy: create a low-key negotiation atmosphere, strongly point out that the other party lacks the experience of modern enterprise management and professional managers to create a psychological advantage, so that we are in an active position to refuse the other party to continue to collect management fees, the specific amount of 30 Ten thousand yuan countermeasures:
1) Strategies for borrowing questions: Listen carefully to the other party's statements, seize the other party's problems, attack and break through 2) The principle of combining law and facts: propose the basis of my method, and analyze the specific amount of management fees, and refute them 2 Mid-term stage:
1) Red-faced white-face strategy: One of the two negotiating members acts as a red face, and a negotiator who acts as a white-face-assisted agreement transfers the negotiation topic from the controlling share to the distribution of the main management personnel of D company and the long-term interests. Grasping the rhythm and process of the negotiations, thus taking the initiative
2) Layer-by-layer promotion, step-by-step strategy: skillfully propose our expected interests, first easy and then difficult, step by step for the camp to gain benefits
3) Grasp the principle of concession: clarify the core interests of our company, implement the strategy of retreating into the market, step back and take two steps, make compensation for roundabouts, make full use of the chips in hand, and use management fees in exchange for more equity when appropriate. 4) Highlight Advantages: Supporting the data, convincing people, emphasizing the benefits that we have successfully agreed to give each other
Benefits, both soft and hard, suggesting that the other party will have a huge loss if it fails to agree with us;
5) Breaking the deadlock: Reasonable use of the suspension, first calmly analyze the cause of the deadlock, and then use the method of grasping the affirmation of the other party's line, negating the essence of the party to lift the deadlock, and timely use the voice to strike the West strategy to break the deadlock.
3. The stage of the break: If necessary, adjust the original plan according to the actual situation.
4. The final negotiation stage:
1) Grasp the bottom line: Use the compromise strategy in a timely manner, grasp the scope of the final concession, and propose the final quotation at the right time, using the ultimatum strategy.
2) Embed the opportunity: Form an integrated negotiation in the negotiations, with a view to establishing a long-term cooperative relationship
3) Agreement: clarify the final negotiation result, present the meeting minutes and contract model, ask the other party to confirm, and confirm the official contract time
Part 2: Business Negotiation PlanI. Negotiating the background of both companies:
1. After years of construction materials business, accumulated a certain amount of funds.
2. Prepare to invest with idle funds. Since the market for health care products has been good in recent years, the initial intention of investment is the health care products market.
3. The investment budget is within RMB 1.5-400 million.
4. I hope to see a return within one year and the annual rate of return is above 20%. other side:
1. The brand green tea is produced in the beautiful and mysterious Yunnan Province, located in the southwest of China, with an altitude of over 2,200 meters. High quality and pure green tea is grown there, and the tea polyphenol content is over 35%, which is higher than other tea products. Tea polyphenols can lower lipids, reduce blood pressure, and reduce the risk of heart disease and cancer. At the same time, it can improve human immunity and benefit the digestion and defense system.
2, has registered to produce a certain brand of green tea, brand and creativity are very good, the brand effect is initially formed in the province.
3. Has a complete set of planning and publicity strategies.
4. A series of relatively smooth sales channels have been initially formed. They are located in a well-known chain pharmacy and other large supermarkets and tea chain stores in the province, and the sales are in good condition.
5. 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 to attract funds for:
1) Expand production scale. 2) Expand publicity efforts.
7. A series of tangible assets and intangible assets such as existing brands, production materials, publicity planning, and marketing channels.
Production, estimated value of 3 million yuan.
Second, the topic of negotiation
Solve the difficult problems before the joint venture between the two parties, achieve the purpose of joint ventures, and establish a long-term good and stable relationship.
Third, the composition of the negotiating team
Main talk: Wang Bijun, formulate strategies, safeguard our interests, and preside over the negotiation process;
Deputy main talker: Zheng Yuanyuan, assisting in the main talks, doing all the preparations, solving professional problems, and making decision-making arguments; Decision maker: Shen Haixia, assisting in the main talks, doing all kinds of preparations, solving professional problems, and making decision-making arguments;
Secretary: Wu Feiping, collect and process negotiation information, record during negotiations, review and modify the negotiation agreement; Legal Adviser: Teng Yuan, to resolve related legal disputes and data processing. IV. Analysis of the interests and advantages and disadvantages of both parties Our core interests:
1. Strive for maximum profit;
2. Strive for the largest shareholder's interest; 3. Establish long-term friendly relations. The interests of the other party: to obtain the maximum amount of investment.
Our advantage:
1. Have idle funds;
2. There are many investments to choose from. Our disadvantages:
1. Lack of understanding of the market of health care products, without the support of professional knowledge, little is known about the situation of green tea.
2. The investment prospects are unclear:
1. Registered to produce a certain brand of green tea, the brand and creativity are very good, and the brand effect is taking shape in the province.
2, already has a complete set of planning and publicity strategy; 3, initially formed a series of relatively smooth sales channels, a well-known chain pharmacy in the province and other
Large supermarkets and tea chain stores have set up points and the sales are in good condition.
The disadvantage of the other party:
1. The brand's popularity is not enough;
2. Lack of sufficient funds to attract funds for:
1) Expand production scale. 2) Expand publicity efforts.
V. Negotiation objectives
1. Strategic objectives: Peace negotiations, reach a joint venture agreement according to our conditions, and obtain the corresponding profits and shares that we hope for; Reason analysis: The other party is a provincial-level enterprise. Although the brand and creativity are good, it has not yet formed a certain brand. benefit;
Cooperation means: We will invest in the form of funds, and inject funds in quarterly. The initial investment is 1 million. The specific circumstances are negotiated and the insurance costs are included in the cost. We request:
a. Reasonable explanation of the estimated assets of RMB 3 million;
b. Require annual income of more than 20%, and hope that the other party can guarantee that it can be achieved with specific circumstances;
c. Ask the other party to explain the use after obtaining the funds; d. Require 60% of the shares;
e. Require certain supervisors to participate in the supervision of their entire links, especially in financial management;
f. Within three years, the other party is required to realize the withdrawal of funds and start making profits. Our bottom line:
a, an initial investment of 1.2 million;
b. The share of shares is over 48%;
c. The financial department of the other party must have our members;
2. Emotional goals: Through this cooperation, we hope that we can not only achieve joint ventures, but also establish long-term friendly relations;
Sixth, the program and specific strategies
1. Opening:
Option 1: Emotional exchange-based opening strategy: By discussing the emotional resonance between the two parties, the other party will be introduced into a more harmonious negotiation atmosphere to create a mutually beneficial and win-win model.
Option 2: Adopt an offensive start strategy: create a low-key negotiation atmosphere, clearly point out that there are a number of investment options, and open a high share of shares to create a psychological advantage, so that we are in an active position.
Mid-term stage:
a. Red-faced white-face strategy: One of the two negotiating members acts as a red face, and a negotiator who acts as a white-face-assisted agreement grasps the rhythm and process of the negotiations and takes the initiative. b,
Layer-by-step promotion, step-by-step strategy: skillfully propose our expected interests, first easy and then difficult, step by step for the camp to fight for benefits.
Grasp the principle of concession: clarify the core interests of ours, implement the strategy of retreating into the market, step back and take two steps, make compensation for roundabouts, make full use of the chips in hand, and refund the amount of compensation in exchange for other greater benefits when appropriate.
Outstanding advantages: Supporting by data, convincing people, emphasizing the benefits that we have successfully agreed to give each other, and both hard and soft, suggesting that if the other party fails to agree with us, we will immediately negotiate with other investors.
Breaking the deadlock: Reasonable use of the suspension, first of all, calmly analyze the cause of the deadlock, and then use the method of grasping the affirmation of the other party's line, negating the essence of the party to lift the deadlock, and timely use the voice to strike the West strategy to break the deadlock.
3. The stage of the break: If necessary, adjust the original plan according to the actual situation.
4. The final negotiation stage:
Grasp the bottom line: Use the compromise strategy in a timely manner, grasp the scope of the final concession, and propose the final offer at the right time, using the ultimatum strategy.
b. Embed the opportunity: Form an integrated negotiation in the negotiations, with a view to establishing a long-term cooperative relationship c,
Agree on the agreement: clarify the final negotiation results, present the minutes of the meeting and the model contract, ask the other party to confirm, and determine the time for the formal signing of the contract.
7. Prepare relevant legal materials for negotiation materials:
"Contract Law of the People's Republic of China", "International Contract Law", "Convention on Contracts for the International Sale of Goods", "Economic Contract Law" Remarks:
Liability for breach of contract in the Contract Law
Contract model, background information, other party's information materials, technical materials, financial information 8. Formulating an emergency plan
The two sides are conducting business negotiations for the first time and they don't know each other very well. In order for the negotiations to proceed smoothly, it is necessary to formulate an emergency plan.
1. The other party does not agree that we own 60% of the shares and do not agree that the insurance premium is included in the cost.
Coping plan: "White Face" is arguing for the appropriate use of the strategy of creating a bureaucracy. The "red face" then exposes the other party's permission strategy in a suggestive way, and uses the technique of returning compensation to break through the game; or use the voice to attack the West strategy. Negotiating the shares reported by the other party, using the compromise strategy, can abandon the insurance into the cost in a timely manner, and at the appropriate time can even promise that the other party can provide the factory, negotiate on the bottom line of 48%, or ask the other party to give more than 20% The amount of profit.
2. The other party refuses to participate in the various processes on the grounds that we do not understand the production and sales.
Response plan: On the bottom line of the financial management required to participate in the other party's request, appropriate concessions, and take the opportunity to increase the share of 2% to 3% of the share or 5% to 10% of the profit.
3. The other party requests an increase in the amount of the initial investment.
Solution: Explain the reason for our early investment, and explain the investment form again, so that the other party knows us, we can increase the investment appropriately, but we must ask the other party to increase the share of the shares by 1%~2% or ask the other party to increase 5% to 8% of the profit.
"Contract Law of the People's Republic of China", "International Contract Law", "Contract of International Goods Dealing with Contracts", "Economic Contract Law" Remarks: "Contract Law" breach of contract liability contract, background information, counterpart information, technical information, finance data
Eight, develop an emergency plan
The two sides are conducting business negotiations for the first time and they don't know each other very well. In order for the negotiations to proceed smoothly, it is necessary to formulate an emergency plan.
1. The other party does not agree that we own 60% of the shares and do not agree that the insurance premium is included in the cost.
Coping plan: "White Face" is arguing for the appropriate use of the strategy of creating a bureaucracy. The "red face" then exposes the other party's permission strategy in a suggestive way, and uses the technique of returning compensation to break through the game; or use the voice to attack the West strategy. Negotiating the shares reported by the other party, using the compromise strategy, can abandon the insurance into the cost in a timely manner, and at the appropriate time can even promise that the other party can provide the factory, negotiate on the bottom line of 48%, or ask the other party to give more than 20% The amount of profit.
2. The other party refuses to participate in the various processes on the grounds that we do not understand the production and sales.
Response plan: On the bottom line of the financial management required to participate in the other party's request, appropriate concessions, and take the opportunity to increase the share of 2% to 3% of the share or 5% to 10% of the profit.
3. The other party requests an increase in the amount of the initial investment.
Solution: Explain the reason for our early investment, and explain the investment form again, so that the other party knows us, we can increase the investment appropriately, but we must ask the other party to increase the share of the shares by 1%~2% or ask the other party to increase 5% to 8% of the profit.
Part 3: Business Negotiation PlanI. Negotiation theme
Negotiation theme
Background information
Second, the composition of the negotiating team
Main talk: ..., the company negotiates plenipotentiaries; decision makers: ..., responsible for decision-making on major issues; technical advisers: ..., responsible for technical issues; legal advisers: ..., responsible for legal issues;
3. Analysis of the interests and advantages and disadvantages of both parties
Analysis of the interests of both parties
1. Our core interests:
2. The interests of the other party:
Analysis of the advantages and disadvantages of both parties
1. Our advantages: 2. Our disadvantages: 3. Advantages of the other party: 4. The disadvantage of the other party:
Fourth, our negotiation goals
Strategic objectives:
Negotiation goal
V. Prediction and analysis of the other party's negotiation objectives
Strategic objectives:
Negotiation goal
Sixth, the program and specific strategies
Opening:
1. Option 1: Emotional exchange-based opening strategy: Form an emotional resonance by talking about the cooperation between the two parties, and introduce the other party into a more harmonious negotiation atmosphere.
2. Option 2: Adopt an offensive start strategy: create a low-key negotiation atmosphere, strongly point out the other party's fault, and open our own conditions to create a psychological advantage, so that we are in an active position... and so on. Propose countermeasures for the relevant provisions:
1. Strategies for borrowing questions: Listen carefully to each other's statements, seize the other party's problems, conduct attacks, break through 2, combine the principles of law and facts: propose the basis of my method, and analyze the strike events.
...and other strategies can be implemented
Mid-term stage:
Rest stage: If necessary, adjust the original plan according to the actual situation
Final negotiation stage:
1. Grasp the bottom line: Use the compromise strategy in a timely manner, grasp the scope of the final concession, and propose the final offer at the right time, using the ultimatum strategy.
2. Embed the opportunity: Form an integrated negotiation in the negotiations, with a view to establishing a long-term cooperative relationship
3. Agreement: clarify the final negotiation result, present the meeting minutes and contract model, ask the other party to confirm, and confirm the official signing time
7. Prepare negotiation materials
Relevant legal information:
"Contract Law of the People's Republic of China", "International Contract Law", "Convention on Contracts for the International Sale of Goods", "Economic Contract Law"... Remarks:
Liability for breach of contract in the Contract Law
Article 107 If one of the parties fails to perform the contractual obligations or fulfills the contractual obligations that are not 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 means that force majeure refers to an objective situation that cannot be foreseen, cannot be avoided, and cannot be overcome.
Contract model, background information, counterpart information, technical data, financial information
Eight, develop emergency plans
The two sides are conducting business negotiations for the first time and they don't know each other very well. In order for the negotiations to proceed smoothly, it is necessary to formulate an emergency plan.
1. The other party... Response plan:
2. The other party uses a limited power strategy, claiming a limit on the amount, and rejecting our offer.
Coping: Understand the licensing rights of the other party, "White Face" is arguing for the appropriate use of the manufacturing strategy, "Red Face" to expose the other party's permission strategy in a suggestive way, and use the techniques of compensation to break through the situation; XOR uses the sound to strike the West strategy.
3. The other party uses the strategy of borrowing questions to hold on to one of our problems.
Response: Avoid unnecessary explanations, transfer topics, indicate the nature of the other party's strategy if necessary, and state that the other party's strategy affects the negotiation process.
4. The other party is legally relevant...and thus...
Response: It should be considered that our strategic goal is to reduce losses and maintain long-term cooperative relations between the two parties, and to waive compensation claims in exchange for other long-term interests.
5. If the other party insists on a point, does not make any concessions, and does not make a positive response on .... Then we will highlight the importance of the long-term cooperation between the other party and us and suggest that we have not reached an agreement with us on its bad influence, and then make an ultimatum.
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