1、合作原则谈判法合作原则谈判法I. Separate the People from the Problem 对事不对人II. Focus on Interests Not Positions 针对利益而非立场III. Invent Options for Mutual Gain 为共同利益献策IV. Introduce an Objective Criterion 以客观标准为本V. Communication practice交际练习VI. Effective negotiating 成功谈判 4. Clarifying Positions (VCD)Collaborative Princi
2、pled Negotiation (CPN) is also commonly known as Harvard Principled Negotiation, which is developed by Roger Fisher and William Ury in the book Getting to Yes. The core of the principle is to reach a solution to both parties by way of stressing interests and not by way of bargaining. It suggests tha
3、t you look for mutual gains whenever , and that where your interests , you should insist that the result be based on some fair standards of the will of either side. i.e. an criterion should be applied to.It enables you to be while protecting you against those who would take advantage of your fairnes
4、s. CPN consists of four basic components:1. separate the people from the problem 2. focus on interests not positions 3. invent options for mutual gain 4. introduce an objective criterion The four components are with each other and should be applied to throughout the whole course of the negotiations.
5、 1. Separate the People from the Problem It is generally understood that in negotiations problems will be discussed and resolved if talks are going on in a and atmosphere. Unfortunately more often than not high is build up due to negotiators prejudice against the other party or poor on each other or
6、 misled of the other partys intention. As a result negotiators feeling is mingled with interests and events to be discussed.For situation as such, CPN develops threes steps for both parties to follow, which are:1. Develop empathy 1) We put ourselves in their ;2) We avoid blaming them for our ;3) We
7、help them in the process.2. Manage emotions:1) We allow them to let steam;2) We overreact to emotional outbursts 3. Communicate:1) We listen and summarize what we ;2) We trying to score points and debating them as opponents;3) We do not berate them about what they are doing .On the whole, to separat
8、e people from problem, the crucial point is to the other party, ones own emotion and communication.We look for chances to correct our counterparts if their opinion is not right; we allow them to express their if they feel upset and we find more chances to our opinions if misunderstanding happens. By
9、 doing so we treat our counterpart as a cooperator sitting on the same_ sinking and floating together, and the course of negotiation as a of achieving_ success hand in hand.2. Focus on Interests Not Positions _ of interests bring people to negotiation table. Negotiating parties holding on to their o
10、wn positions is for the purpose of having their realized or protecting their or gaining more .Successful negotiations are the result of mutual and of interests rather than keeping firm on ones own .Negotiating parties can try the following methods in order to concentrate on_ not .1. Identify interes
11、ts1) We explore their which stand in our way;2) We examine the different of different people on their sides;3) We look at their human needs underlying their .2. Talk about interests1) We and accept their interests;2) We our understanding or a problem before proposing solutions;3) We try not to look
12、and focus more on looking forward.In negotiation it is very often difficult to focus on since the interests of one party are frequently not clearly identified and expressed , and comparatively speaking are concrete and explicitly exposed to each other. One important task of negotiations is to overpa
13、ss ones position and to look for solutions satisfying both parties .CaseThe prolonged dispute over the South China Sea among neighboring countries has been a disturbing factor for the instability in the region. Some countries have demanded sea territory and some other countries have declared actual
14、controlling right over some islands.Facing the dispute, China, being the real owner of the sea area, reiterates Chinas sovereignty over the territory, meanwhile exploring the real interests of the neighboring countries demanding for the territory. It was found out that an important reason behind the
15、ir claim is the rich fishing and mineral resources in the area. The Chinese government hence proposed in talks with relative countries that “put aside dispute, engage in joint exploration”. The proposal met with general acceptance and proved to be quite effective in lightening the tense atmosphere i
16、n the region. 3. Invent Options for Mutual Gain The first two components look at the relation between people and problems, and interests and positions, which are conducive for negotiators to establishing an objective view on those important factors in negotiations. The third component of inventing o
17、ptions for mutual gain provides an approach to fulfillment of the two parties demands.There are in fact always solutions to problems to be solved, which is unfortunately, often not fully understood.Generally speaking, there are three factors hindering people from seeking for alternative solutions:On
18、e is the fixed distributive plan. The distributive concept retards creative thinking and options and hence results in failure of negotiations.The second is seeking for only solution. Negotiators are not aware of the fact that creative thinking and options are part of a successful negotiation.The thi
19、rd is considering only ones options suiting ones own . To get rid of the above mentioned barriers and offer creative options, the following steps can be considered:1. Diagnose1) We set aside the idea that their have to be at our expense;2) We encourage each other to help problems;3) We do not premat
20、urely focus on an option people are ready.2. Invent creative options:1) We separate inventing options from them;2) We develop several options before looking for a ;3) We look for common and interests;4) We look for options that would make the decision for them. Selecting an option requires a to deci
21、de one option is better than the other or is the among several options, and now it comes to the fourth component-introducing an objective criterion.4. Introduce an Objective Criterion The first three components advocate the benefits of considering parties interests and designing a distributive patte
22、rn that would satisfy both sides demands. However, conflicts and disputes of the two parties over interest gaining will not_ no matter how considerable the two sides try to be and how creative in providing options. When the two sides can not which option is and rational, looking for an will be a way
23、 .An objective criterion should be fair, effective and rational if it is regarded as objective. The following points will be considered when telling if a criterion is fair and objective or not.1. An objective criterion should be independent of of all parties and thus be from sentimental influence of
24、 any one.2. An objective criterion should be and realistic3. An objective criterion should be at least theoretically by both sides. One point is clear that different have different objective criteria. For example, Criteria of price talking will include factors of cost, market situation, depreciation
25、, price competition and other necessary factors.In other negotiations, experts opinions, international conventions and norms and legal documents will all serve as objective criteria.CaseIn the Sino-US negotiation on Chinas accession into WTO, the two parties disputed over Chinas developing country s
26、tatus. US took the position that China should be treated as a developed country. To back US stance, American negotiator cited Chinas growing exports and large foreign reserve holdings. They argued that in developing countries Chinas sophisticated technology in launching and retrieving satellites had
27、 no parallel. One American negotiator even compared the situation in China with that in India and some African countries. He said when he opened the door of a family in a poorest area randomly chosen by the Chinese government and asked the people if they had their breakfast, he was told they did, an
28、d he went on asking if lunch and supper were guaranteed, the answer was yes. However he had a very different story in some African countries and even in some areas in India. People there had little food for breakfast, not to mention lunch and supper.The two countries insisted on their own standards
29、and it was hard to bridge the discrepancy. When an objective criterion is agreed upon, the other important thing to do is to_ a fair procedural standard, which means the procedure or _ of carrying out the criteria. The procedure will be regarded as fair when one party cuts a cake and asks the other
30、party to choose first.Other procedures which may be called fair can be 1. doing in turns2. drawing lots3. looking for an arbitratorTo sum up, in introducing an objective criterion:1. We look for_ objective criteria;2. We discuss _ different standards may be appropriate;3. We look for_ procedural sta
31、ndard. In Fisher and Urys view, the three standards described below can be applied to for judging success or failure of a negotiation approach:1. If an agreement is possibly reached, it should satisfy the _ interests of both parties to the _ and resolve their conflicts, meanwhile protecting public interests;2. The agreement should be highly _;3. The agreement will _, or at least not hurt the relationship of the two parties.Summary to Collaborative Principled Negotiation: Collaborative Principled Negotiation provides us with a way to reach a _agreement for toug
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