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Skills of negotiating

In 1989 I became a pupil of the first form of Okhtyrka secondary school №1. | The plural of nouns. | COMMUNICATION | TEXTS FOR READING AND DISCUSSION | COMMUNICATION | Structure of the business letter | Letters of Reply to Inquiry | Terms of contract | UNIT 6. ADVERTISING | COMMUNICATION |


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Nowadays most of the decisions in business activities are taken by conducting negotiations. Successful negotiation is where you get what you want, and the other party is happy with what he gets, where the result is “I win; you win”. This is certainly true of the variety of negotiations, big or small, that you carry on every day with your colleagues, your boss, your subordinates. A better deal is always possible for both parties if both move towards an outcome which is to mutual benefit.

Here are some tactics which can help conduct negotiations.

Plan your strategy carefully. Decide first of all what you want to get from the negotiations. What is the best result you could hope for? What are your strengths and weaknesses? What are theirs? What information do you need?

There are number of factors that affect the negotiating process. Your attitude is one. The higher your aspirations, the better your results. The attitude of the other party is important too. It’s up to you to alter his expectations, to encourage him to be satisfied with less than he originally hoped for.

Take into account the personal needs of the party. Most people want to have a good image of themselves; they want to be liked; they want to impress their boss. Give attention to such needs and you’ll find that people are more willing to go along with you. At the centre of all negotiating is the question of power – and it comes from a variety of sources. It comes from knowledge – the more you know about the other party, the more power you have. But most of all power is the mind. All these factors – attitudes, personal needs, sources of power – should be considered before you sit down at the negotiating table.

It’s no use immediately discussing business matters when you start negotiating. The topic should be neutral, non-business. It can be immediate experiences, the sort of journey the visitor has had; football, ice hockey, the morning’s newspaper headlines, common interests, etc.

Five per cent of the negotiating time is devoted to breaking the ice. The two parties adjust their thinking and behaviour to one another.

At the very beginning of the talks get agreement covering the purpose, plan, agenda of a meeting. Here are some advice to a negotiator:

v first discuss major items, then minor items;

v follow the headlines of the plan one by one;

v come over to the next point after you have resolved the previous one.

Negotiation usually involves making concessions as there are always differences of view between the parties. Here is some advice on problem-solving tactics:

v present a problem in general and obtain the other party’s view on it;

v look together at the possibilities of joint advantage;

v suggest practical actions to resolve a problem. If negotiations are difficult and you are in a deadlock, take time-out. It’ll help you build bridges between yourself and your partner.

№2. Find the English equivalents to the following words and word combinations.

Проведення переговорів, угода, взаємовигідний результат, сильні та слабкі сторони, прагнення, змінити його сподівання, брати до уваги, нещодавній випадок, ламати лід, пристосовувати, дійти згоди, порядок денний, більш важливі питання, поступатися, спільна вигода, безвихідне становище.

№3. Answer the following questions.

1.What negotiations can be considered successful?

2.What questions should you answer while planning the strategy of negotiations?

3.What factors affect the process of negotiating?

4.What should you start negotiating with?

5.What is good advice for those who conduct negotiations?

6.How should parties come out of deadlock situations?

№4. Read and translate the text.

TEXT B

SALES CONTRACT

The sales contract is the legally binding agreement reached by the seller and the buyer (the parties to the contract). It can be made orally or in writing, although it is usual for the contract to be drawn up in writing to prevent disputes.

Here are some of the items which are part and parcel of any contract: legal title of the contracting parties, subject of the contract, quality, price, delivery and payment terms.

After a sales contract has been concluded, the seller and buyer have to fulfil certain liabilities (that means there are certain things they have to do).

The seller’s liabilities are:

v to deliver the goods on time and in perfect condition;

v to make sure that the buyer becomes the owner of the goods. This is normally done by passing a special document, the document of title, to the buyer.

The buyer’s liabilities are:

v to accept delivery of the goods (this prevent him changing his mind after the goods have been sent);

v to pay for the goods within the time agreed.

If one party doesn’t fulfil its liabilities, the contract is broken (this is called breach of contract). In this case the other party (the injured party) can claim compensation.

sales contract договір купівлі-продажу

party to a contract сторона, що домовляється

to draw up a contract складати контракт

part and parcel невід’ємна частина

legal title юридична назва

to fulfil виконувати

liability зобов’язання

document of title документ, який дає право на власність

breach of contract порушення договору

injured party сторона, що постраждала

№5. Answer the questions.

1. What is sales contract?

2. Which is more usual form of concluding contracts: oral or written?

3. What are the essential items of a contract?

4. What liabilities should be fulfilled by the seller and buyer?


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