The Preparation Process for International
Negotiations
MGMT 7016 - Negotiations
University Of Cincinnati
December 16, 2023
Introduction
International negotiation in general is an interactive
process, which serves as an instrument to end a
continuing conflict or to arrive at a solution for a
controversy. Good preparation forms the basis for
successful international negotiations. “It may also serve
as a means to achieve common objectives or agreements
among individuals or groups (parties) in relation to a
specific object, material or immaterial, within a
framework of pre-established rules, known and accepted
by the parties involved. These parties are directly or
indirectly interested in the object and in the objectives
of the negotiation,” (Meridiano, 2010). International
negotiations also include international business
negotiations, which falls under the scope of this
research.
While adequate preparation happens to be the most
important aspect that precedes every round of
international negotiations, negotiators often are found to
be inadequately prepared and there has been dearth of
research on the subject. Most of the existing guidelines
have been developed over the period without any
research backing. These guidelines focus on concepts
such as the underlying concerns of a negotiator and the
best alternatives to a negotiated agreement (BATNA),
and mostly these guidelines are adopted by the
negotiators in their encounters (Fisher and Ertel, 1995;
Thompson, 1998).
In the realm of international negotiations, the terms
planning and preparation are often used
interchangeably. However, “preparation” is much more
encompassing, as it includes all the efforts and activities
of the negotiator undertaken before the actual
negotiation takes place, when the negotiator is at the top
of his form. Without undertaking an effective
preparatory process, the negotiator in an international
negotiation is not likely to get satisfying and successful
outcomes. Therefore, preparation becomes an essential
process in international negotiation. In this context, this
presentation focuses on the preparation for international
negotiations from a systematic perspective.
International Negotiations
This section reviews the perspectives on international
negotiations to have a better understanding on the scope
of the research inquiry. The objective of any
international negotiation is to arrive at an acceptable
conclusion, which reduces disagreements and enhances
benefits for the parties to the negotiation. According to
Martin et al., (1999), a comprehensible negotiation
process forms the basis of any fruitful business
association at an international level.
International negotiations for the purpose of this paper
are restricted to international business negotiations. An
international business negotiation can be defined as the
interaction undertaken deliberately among two or more
social units. Out of the social units involved in the
negotiations, one of them represents a business entity.
The parties to the negotiation originate from varied
cultural backgrounds and each of them attempt to
describe their affiliation to a specific business issue.
International negotiations may take place between one
company and another or between a company and a
government.
The negotiations are interpersonal interactions over any
business issue as the negotiation may relate to the
conclusion of a sale contract, issue of licenses, entering
of joint ventures or acquisition of one entity by another
(Weiss, 1993: 270). The process of negotiation involves
the stages of pre-negotiation, actual negotiation and
post-negotiation. A negotiation becomes successful,
when there is a smooth flow of the negotiation process
in all the three stages.
“The pre-negotiation stage, which involves the
preparation and planning, is the most important step in
negotiation,” (Ghauri, 1996:14) and this stage is the
central focus of this study. The pre-negotiation stage
becomes important since it is the starting point in
international negotiations (Lewicki, et al., 1994).
Activities like building trust and relationship among the
parties and “task-related behaviors” which concentrate
on the choices of different alternatives available to
arrive at a solution constitute the major interactions
during the pre-negotiation stage (Graham & Sano 1989,
Simintiras & Thomas 1998). “In brief, the first stage of
negotiation emphasizes getting to know each other,
identifying the issues, and preparing for the negotiation
process” (Numprasertchai & Swierczek, 2006).
“The negotiation stage involves a face-to-face
interaction, methods of persuasion, and the use of
tactics. At this stage negotiators explore the differences
in preferences and expectations related to developing an
agreement,” (Numprasertchai & Swierczek, 2006). The
post-negotiation stage involves exploring concessions,
looking into compromises, evaluation of the agreement
and follow up through documentation or other
procedures.
In most international negotiations, these three phases are
undertaken at the same time. “The negotiation process
is a dynamic process, involving a variety of factors
related to potential negotiation outcomes,”
(Numprasertchai & Swierczek, 2006).
There is an element of complexity in international
negotiations, since such negotiations take place between
persons belonging to different cultures. “International
business negotiations are typically more complicated
and difficult to assess than the negotiations taking place
between negotiators from the same culture,”
(Numprasertchai & Swierczek, 2006). The reason for
the difficulty is due to the differences in the values that
the negotiators hold.
Negotiations are carried out based on various
approaches developed on the exclusive standpoints of
the negotiators concerned. “Other external influences
such as international law, exchange rates, and economic
growth also increase the complexity of negotiations,”
(Numprasertchai & Swierczek, 2006). It is essential that
the international negotiators understand the values of
each party so that they may be able to amend their
negotiating approaches and styles to meet the emerging
situations and arrive at an amicable solution to the
business issue.
Preparation for Negotiation – an Overview
The first rule underlying effective negotiation is to get
prepared for negotiating. In general, there are three
different activities involved in the process of preparing
for a negotiation. They are
1. information gathering,
2. analysis,
3. planning.
In the practical handbooks outlining negotiation
practices as well as other analytical papers, these three
activities have been regarded as the most important tasks
that a negotiator must undertake to ensure successful
outcomes from any negotiation. Some of the authors
argue that the preparation for negotiation will be better
able to give an upper hand to a negotiator than any other
activity in the process of negotiation.
This implies that those who prepare best will be able to
negotiate the best. Nevertheless, in the negotiation
literature there are few research findings about how
much one should prepare. This situation gives an
impression that one can never be too prepared for
negotiating except that more preparation will yield
better outcomes from the negotiation. Given the central
role in the negotiation process there is no inclusive
definition of the term “preparation” found in the
literature, nor is there an analysis of its boundaries and
limits and characterization of the preparation process as
a whole.
Traditional View of Preparation
A number of activities have been identified which a
negotiator has to undertake after the decision to
negotiate has been taken, but before arriving at the
negotiating table. These activities cover gathering
information on the issue to be negotiated and
information on the participants in the negotiation. The
activities also include analysis of one’s own interests
and preferences of the negotiator, as well as the parties
on the other side, and planning the course of action,
when the actual process of negotiation begins and face-
to-face interaction takes place (Breslin and Rubin 1991;
Fisher and Ury 1991; Johnson 1993; Keeney and Raiffa
1992, Lax and Sebenius 1986, Lewicki et al 1994, and
Raiffa 1992). These activities can be grouped into three
distinct categories such as
1. information gathering,
2. analysis,
3. planning.
Collecting Information about Parties and Issues
This can be taken as the first step in the process of
preparation for a negotiation, where the activities of data
collection and research into the history of the issues to
be resolved are undertaken. This step involves studying
the precedents for resolving similar issues, receiving
consultation from external experts and interviewing
those people who have negotiated with the other party
in the past instances (Lewicki et al 1994). Raiffa (1992)
includes all those activities in this group, where the
negotiator can learn whatever is possible about the
trustworthiness, ethics, style and personality of the other
party to the negotiation.
Analysis of Preferences, Interests and Alternatives
According to Fisher and Ury (1991), a negotiator has to
understand his own interests, and he should be able to
distinguish interests from positions. This line of analysis
is extended by Lax and Sebenius (1986), to separate
interests in outcomes of the negotiation, from the
interests of the parties in the relationship among them
currently and in the future. According to Fisher et al.,
(1994), it is essential that the negotiator understand the
interests, values and perceptions of the other parties to
the negotiation, and based on the understanding the
negotiator has to generate options that the other party is
most likely to accept. Keeney and Raiffa (1992) and
Raiffa and Sebenius (1993), based on multiattribute
utility theory have developed a methodology “for
quantifying interests, scoring and ranking preferences
and evaluating tradeoffs among issues and outcomes”
(Watkins & Rosen, 2001).
Negotiation Planning
In most of the cases, it is observed that the negotiators
attend negotiation without adequate preparation based
on the inherent belief that negotiation is an intuitive
process and any emerging situation can be met with the
experience and exposure to different situations.
Conversely, when the negotiators are able to adequately
plan ahead of actual negotiation, taking the negotiation
as a process and campaign they are sure to come out
with breakthrough results. Negotiation does not
constitute a single and conclusive event but is a process
consisting of a series of proposals and counter proposals
made by the parties seeking to arrive at an equitable
balance among them.
This section elaborates on negotiation planning which is
a part of the preparation for international negotiation.
Although authors like Lewicki et al (1994), use the term
“planning” to denote the entire process of preparation
for negotiation, this section deals with planning to
identify a narrower set of activities, which are
undertaken by the negotiator to decide on the course of
action to be pursued at the negotiating table.
Planning includes the creation of an action plan. “The
negotiation literature gives considerable attention to
such tasks as generating options and combining them
into packages or proposals (Raiffa and Sebenius 1993),
anticipating the actions of the other side, envisioning
possible responses, and planning for contingencies.”
Lewicki and Litterer (1985) have identified three
different types of planning activities –
1. strategic planning,
2. tactical planning,
3. administrative planning.
Setting long-term goals and identifying the ways of
meeting these long-term goals is the focus of strategic
planning. Tactical planning aims at developing specific
short-term steps designed to achieve the long-term goals
established through strategic planning. “Finally,
administrative planning is the process of making
logistical and allocative arrangements for the
negotiation: assigning roles to team members, choosing
locations for meetings, and clarifying lines of
communication and authority” (Watkins & Rosen,
2001).
Negotiation planning is the systematic mapping of the
different steps involved in the process of negotiation
with the other party. “Negotiation Planning is not a
stand-alone activity; it occurs within a process context
and a variety of cultural variables and involves ongoing
external and internal conditioning,” (Seacchitti &
Guertin, 2005). The cultural variables affect the manner
in which the plans and actions are proposed and
developed. Irrespective of the influence of the cultural
and other variables acting on the process, planning is an
essential step in the process of negotiation and is often
overlooked.
The Negotiating Process.
The above diagram illustrates the overall process of
negotiation in general, which also applies to
international negotiations. The first four steps encircled
within bracketed areas reflect the important steps in the
planning process. These elements are vital in nature and
actions in these areas need to be undertaken at the phase
preceding the actual negotiation. These steps also form
part of the preparatory phase of the negotiating process.
Preparation of negotiation strategies and tactics take
place before the negotiation takes place.
In the process of negotiation, conditioning calls for
placing a starting point in the minds of the opponents
and this starting point is close to the end result, the
negotiator is expected o achieve. Planning involves the
consideration of the concerns relating to the objectives
to be achieved, the opponents in the negotiation and the
ways in which an agreement can be reached. In cases of
international negotiations, the negotiators often tend to
be concerned with cultural factors.
However, in most instances, the negotiators either
underestimate or overestimate the influence of cultural
factors on the negotiation process. The reason for such
wrong estimation is that they consider the cultural
factors without regard to the non-cultural factors or
sometimes only in association with behavioral factors.
They do not consider the cognitive or value-oriented
effects of cultural factors on the negotiation process
(Watkins & Rosen, 2001).
Problem Statement
In any international negotiation, the objective of the
negotiators is to reach an optimal solution so that
maximum gains occur to their sides. One of the vital
factors for making a fruitful negotiation is to evolve a
comprehensive negotiation approach. This calls for a
undergoing an elaborate preparatory process so that the
negotiator will be able to collect information, analyze it
and make proper planning for successful negotiation.
Since the preparation process preceding the actual
negotiation can ensure outstanding results, the study of
the preparation approach becomes important. There are
no well-defined procedures outlining the preparation
process and this necessitates a relook into the
preparation process for negotiation. Negotiations done
with an “off the cuff” approach do not yield spectacular
results, making the application of a preparatory
approach not only significant but absolutely important
for ensuring great success in negotiations.
Preparation for negotiation makes a key difference in the
approaches of skilled and amateur negotiators and often
determines the course of negotiations changing the
outcomes. In addition, the negotiators, before entering
the negotiation table, must have a better understanding
of the situation and the range of acceptable and
unacceptable solutions to the issue. The negotiator can
improve such understanding and acquire self-
confidence, only when a thorough preparation to
negotiation is undertaken.
Aims and Objectives
The central focus of this research is to make an in-depth
study of the preparation process for international
negotiations. In achieving this aim, the research
attempts to accomplish the following objectives.
1. To study the international negotiation process in
general to understand the role and importance of
the process of preparation in negotiation.
2. To recognize the limitations associated with
traditional models of negotiation preparation
process.
3. To understand the relationship between the
process of learning and planning in international
negotiation process.
4. To consider different approaches to preparation
processes as practiced by negotiators from
different regions/settings.
Research Methodology
This study follows a descriptive and exploratory
qualitative case study for achieving the objectives of the
research. In recent years, the roles of descriptive and
qualitative research methodologies, which include case
studies, participant observation, informant and
respondent interviewing and document analysis have
been emphasized and pursued (Scapens, 1990). In these
approaches, the researcher is required to have closer
involvement with the organizations or issues under
study. Based on detailed examination of the institutions
or organizations concerned, research findings are
described instead of being prescribed.
One qualitative method, which seems to offer at least
partial solution to the currently unsatisfactory research,
is the case study approach. In contrast to simplistic and
superficial findings of the quantitative method in some
instances, case study provides the opportunity for the
research to develop better theories in management and
accounting control systems, which are based on real
world managerial practices. In addition, a case study
allows flexibility in the interpretation of the findings.
The researcher for example, is not restricted to his/her
original theory, but most often is encouraged to come up
with new theoretical discoveries.
Case study has been used as a research tool by a number
of researchers. “Case study is an ideal methodology
when a holistic, in-depth investigation is needed”
(Feagin et al. 1991). Different exploratory studies in the
discipline of social studies have made use of the case
study method for collecting relatable information about
the topics researched. Following a case study as the
research tool allows the researcher to follow well -
developed techniques to meet the requirements of data
collection for any kind of investigation. “Whether the
study is experimental or quasi-experimental, the data
collection and analysis methods are known to hide some
details,” (Stake, 1995).
However, the case study method has the unique
capability of retrieving additional information from
different perspectives using multiple sources of data.
There are varying kinds of case studies, which can be
engaged for conducting studies in different settings.
These are exploratory case studies, explanatory case
studies and descriptive case studies. This research will
use an exploratory case study method to analyze the
preparatory process of international negotiations carried
out by the negotiators belonging to China and will
present an analysis of the negotiating process including
preparation.
Structure of the Report
In order to make a comprehensive presentation this
research report is structured to have the following
chapters.
Introduction
The introductory chapter briefly described the
background and scope of the research on preparatory
approach to international negotiations. The chapter
presented an overview of the preparation process and
laid down the research objectives.
Literature Review
The second chapter reviews previous literature and
research findings in preparation for the international
negotiation process. The review addresses the
underlying assumptions, problems in understanding of
preparation and a rethinking of preparation.
Analysis
This chapter presents an analysis of the preparatory
process in international business negotiations in the
country of China.
Conclusion and Recommendations
The chapter summarises the research process and
findings and make a few recommendations for future
research studies.
Literature Review
International negotiation is the association between
planning for international transactions and
implementation of such planning. The ability to
negotiate successfully depends largely on the efforts the
parties put into the preparation for such international
negotiation. The central objective of this research is to
gain a better understanding of the preparatory approach
to international negotiation, by exploring and describing
the process of preparation.
The objective becomes significant in view of the fact
that international marketers are becoming business
negotiators engaged in continuous cross-border
transactions with a number of different people ranging
from consumers to competitors. Ghauri and Usunier
(1996) argue that people entering into international
negotiations will be able to enhance their ability to
interact effectively with their foreign counterparts, when
they are able to make the necessary adjustments to the
cultural backgrounds that they come across during
negotiations. The negotiation stage is the connecting
link between planning and implementation in the
management of international transactions (Deresky,
1996).
Negotiation can be defined as “a voluntary process of
give and take where both parties modify their offers and
expectations in order to come closer to each other”
(Ghauri and Usunier 1996). Each international
transaction has a negotiation aspect and every
negotiation gives rise to challenges and opportunities to
the people who are involved in the transactions.
Especially business negotiations are considered special
as the negotiation in this case is purely voluntary and the
parties have the option of quitting the process at any
time on their own accord. Many growing companies
find international negotiations a routine affair and when
these organizations operate across geographical borders
different cultures often tend to magnify the challenges
of negotiation (Herbig and Gulbro, 1996). In this
context, this review deals with the preparatory approach
for international negotiations.
International Business Negotiations
Any international business involves the participation of
parties belonging to two or more countries and it
involves the movement of merchandise and service
across geographical borders. In general, international
business encompasses the field of international trade
and commerce and international investments by parties
from one country in the assets of another. Tsai (2003)
defines international business to include the transfer of
goods, which is tangible business or services, which are
intangible merchandise between parties belonging to
two countries. The term “goods” cover a wide range of
commodities including raw materials, semi-finished
goods and finished inventory. Similarly, the term
“services” covers a number of activities including
accounting, transportation, banking and insurance.
Loth & Parks (2002) argues that the term also includes
the supply of intangible capital such as trademarks and
patents and technical knowhow from one country to
another. International investments in general denote the
foreign direct investments that parties make in other
countries. Apart from including buying of shares and
securities, the term international investments include the
provision of financial services to foreign owners
(Weigel, Gregory & Wagle, 1997; Bergsten & Noland,
1993). The process of international investment
incorporates the transfer of productive domestic
technology and management from transnational
companies to domestic companies (Kaminski, 1999;
Bergsten & Noland, 1993).
In pursuing both international business as well as
investments, managers increasingly engage themselves
in the process of international business negotiations.
Gilsdorf (1997) observes that international negotiation
is one of the toughest jobs in businesses. Managers
usually spend more than half of their time in negotiating
(Adler, 1997). International negotiations involve higher
stakes than the domestic business negotiations (Mintu-
Wimsatt and Calantone, 1991).
Tung (1988) argues that although the parties to
international business negotiations intend to reach
successful agreements, there is an alarmingly higher
level of failure in international negotiations. “The
consequences of failure in international negotiations are
also high, including limitations on the scope and profit
potential of companies, significant increases in non-
recoverable expenses, and, perhaps most importantly,
decreases in the motivation of the international
negotiators.”
There is the need for increased skill and competencies
in conducting international negotiations as compared to
domestic business negotiations. Several researchers
have observed the existence of an extensive literature
base covering domestic business negotiations (e.g.
Eppler et al., 1998; Perdue, 1992; Sujan et al., 1988;
Thomson, 1990). Simintiras and Thomas, (1998) are of
the opinion that the international business negotiations
literature is normative in nature and it is highly
disjointed. However, these views have to be taken as
expressed with an extensive review of the international
business negotiations literature.
In these kinds of transactions, whenever two parties start
negotiating, the complete process of negotiation takes
place within the context of the environment under which
the negotiation is undertaken and the immediate context
under which the parties negotiate with each other. “The
environmental context refers to forces in the
environment that are beyond the control of either party
involved in the negotiations. The immediate context
includes such aspects as the relative power of the
negotiators and the nature of their interdependence
factors over which the negotiators have influence and
some measure of control,” (Phatak and Habib, 1996).
Both the environmental context and immediate context
influence the process and outcome of the negotiations.
The Environmental Context of International
Negotiations
There are different dimensions to the environmental
context of international business negotiations. They
include
i. legal pluralism,
ii. political pluralism,
iii. currency fluctuations and foreign exchange
fluctuations,
iv. foreign government controls and bureaucracy,
v. influence of external stakeholders (Phatak and
Habib, 1996).
Legal Pluralism
“The principle of national sovereignty gives every
nation-state the right to make laws that are supposedly
in its national interests. An international business
transactions must comply with the laws of the countries
involved,” (Phatak and Habib, 1996). There are certain
restrictions imposed by the laws of countries on entering
into certain types of transactions. In many countries,
there may be sectors such as telecommunications and
automobile production, which may not be exposed to
one hundred percent foreign investments. For instance,
in countries like India and China, foreign enterprises can
enter into such sectors only through forming a joint-
venture arrangement with some of the domestic
companies.
The joint-venture arrangement has an influence on the
negotiations among the parties on several major factors
such as management and control of the enterprise and
international sales provisions. Apart from these, there
are the legal obligations on both the sides, which have
to be considered in concluding the joint venture
arrangements. In such cases, it becomes important that
the negotiators fully understand the implications of the
currency of the laws in the country with which they
would like to have business transactions. It is also
important that the persons involved in negotiations
refrain from taking any illegal actions prohibited by the
laws of the countries involved. “Negotiators should be
forewarned about the legal traps that could transform a
supposedly good agreement into a nightmare if the legal
implications of the transaction are not carefully
examined,” (Phatak and Habib, 1996).
Political Pluralism
Each country in the world has its own political system
and foreign policy, which determines its trade relations
with other countries. International business negotiations
are sometimes impeded in the conflicting foreign
policies of the two countries. Foreign policies followed
by the host county affect the international business
negotiations. It therefore becomes important for the
negotiators to understand the implications and
constraints imposed by the foreign policies of the
countries in international business negotiations, as these
policies will have direct or indirect impacts on the
outcomes of the negotiations. The negotiators should
study the potential political fallout of an international
business deal before the deal is negotiated and the
agreement signed.
Currency Fluctuations and Foreign Exchange
Since international business transactions take place in an
environment where multiple currencies interact with
each other, the daily fluctuations in foreign exchange
value can have a large impact on international business
negotiations.
“A business deal that is not effectively structured to
compensate and protect against foreign exchange
fluctuations is likely to be a prelude to a disaster if the
underlying currencies in which payments are to be
received precipitously decline in value–or a windfall if
they appreciate in value–against the recipient
company’s home currency or other stable currencies,”
(Phatak and Habib, 1996).
Therefore, it becomes essential that the negotiators for
both companies obtain realistic and “most likely”
exchange rates for the relevant currencies from
international banks or currency future markets before
arriving at any resolution based on the currency
exchange rates. It is advisable that the negotiators
include contingency clauses in the agreements, which
would protect both sides from any unexpected
fluctuations in currency exchange rates in future.
Foreign exchange control policies of different
governments also have an influence on international
business negotiations. Exchange control policies affect
the import and payment of raw materials and
repatriation of profits from one country to another.
Therefore, negotiators from a foreign company should
ensure that the contracts negotiated and entered into by
them provide for the exigencies that might be created by
the exchange control policies of the host governments.
Government Controls and Bureaucracy
In the case of certain countries, there will be excessive
interference of the government in businesses.
“Government agencies may have the authority to control
the total output of an industry. Or they may have
absolute control over the granting of permits to expand
production capacity,” (Phatak and Habib, 1996). A
company, which has a potential to increase its market
share may be under an obligation to obtain the necessary
licenses for expanding capacity, which may be denied
many times by the bureaucrats attached to the
government. Similarly, a company might need a
government license to implement a new strategy in
connection with the operation of a new product line. In
all those cases where there is a major role played by the
government in furthering the business of the company,
the negotiations should include the government as one
of the parties with whom the foreign firm has to
negotiate directly or indirectly.
Influence of External Stakeholders
The external stakeholders are those people who have a
direct or indirect interest in the outcome of international
negotiations. Examples of external stakeholders include,
competitors, customers, labor unions, chambers of
commerce and industry and the shareholders of the
respective companies. It is important that the negotiators
take the interests of most of these external stakeholders
if not the interests of all of them into account while
drawing up international business agreements, as the
stakeholders’ interests are to be protected by any
international business negotiations.
Factors influencing Pre-Negotiation
According to Deresky (1996), there are twelve different
variables, which influence the process of pre-
negotiation and in turn, the preparatory process in any
international business negotiations.
They are:
i. basic conception of the negotiation process
implying whether the international business
negotiation follows a competitive process or it
depends on the culture of the country. This
approach determines the progress of the process
of negotiation;
ii. selection criteria for the members of the
negotiating team. There are different attributes to
be considered in the selection of the members
constituting the negotiation team like experience,
status, personal attributes and some other
characteristic features. The extent of value
involved in the negotiation also determines the
selection criteria;
iii. the significance of the kind of issues involved in
negotiation like the price, or the focus on formal
and informal relationships;
iv. the importance of the protocol concerning the
importance of procedures and social behaviors;
v. the complexity of language implying the extent of
reliance placed on verbal and non-verbal cues
used to interpret information gathered;
vi. the nature of persuasive arguments shown by the
intention of the parties attempting to influence
each other;
vii. the individuals’ aspirations in the entire process
of negotiation – the motivations based on
individual, company or community affect the
preparatory process to different degrees;
viii. the feeling of trust and its basis in past experience,
intuition or rules and continuance throughout the
process of negotiation;
ix. the propensity to take risk;
x. the attitude of each negotiating party towards the
time taken for completing the process of
negotiation;
xi. the system of decision-making whether by
individual determination or by group consensus;
xii. the form of satisfactory agreements and whether
such agreements are based on trust or the
creditability of the parties involved in the
negotiating process.
The important point to reckon here is that each of these
factors is influenced by the culture of the country. The
ease or difficulty in the negotiating process as
influenced by each of these factors largely depends on
the cultural differences between the countries involved
in the negotiation.
Underlying Assumptions of International
Negotiations
There have been a number of approaches made to the
issue of preparing for international negotiations by
various authors. However, there are two important
assumptions that have been found to be more evident in
most of the approaches. They are
i. a three-stage model of the negotiation process
ii. the importance of preparation for effective
negotiation.
Even though there are no explicit indications of these
assumptions, they form the foundation for much of what
has been written about the preparation for negotiation.
Three-Staged Negotiation Process
The first assumption relates to the existence of an
implicit three-stage chronological model of the process
of negotiation. This model underpins the overall
negotiation process, which has the pre-negotiation stage
as the first step in the process, followed by a preparation
stage and the final step of the negotiating stage. Much
of the previous literature has based its findings based on
the premise that each of these three stages encompasses
a definite set of activities characterizing the respective
stage. They have also based their findings on the
premise that it is possible to distinguish the stages from
one another based on the activities of the parties
involved in the negotiation process during each of the
stage.
The pre-negotiation stage generally appears to start at
the point where someone – this may be a party to the
negotiation or a third party intervening in the process of
negotiation – first identifies the possibility of a
negotiation and ends at the point when the parties to the
negotiation arrive at the negotiating table. The pre-
negotiation stage can be considered to have ended when
all the activities connected with the stage are completed.
The activities involved in this stage are
i. all the parties to the negotiation have made an
absolute commitment to continue with the
negotiation process,
ii. the agenda and the structure of the negotiation
have been set and agreed to by the parties,
iii. the participants to the negotiation are selected.
Next is the preparation stage, which covers the period
from the time parties have decided to negotiate until the
time when the first formal session of the negotiation
process begins. This stage involves three main sets of
activities;
i. gathering information in connection with the
negotiation,
ii. analysis of the information,
iii. planning the process of negotiation.
The activities in this stage are distinct in many respects.
These activities occur away from the formal actions
involved in the negotiating process and at-the-table
discussion. These activities are designed to improve the
prospects of the party, which undertakes the preparatory
process and the activities generally take place before the
parties come to the negotiating table for the first time.
The negotiating stage starts at the point of time when the
parties meet formally to discuss the issues and the
associated offers, proposals and concessions. The
negotiating stage concludes when an agreement is
reached because of the negotiations or at the point of
time when one or more of the parties leave the
negotiating table. The tactics for creating and claiming
value, which were developed during the preparation
stage, are implemented during the negotiating stage.
Traditionally the interaction between parties or their
agents at the negotiating table was the defining feature
of the negotiating stage. Any activities or incidents
happening prior to the first formal round were
considered as preliminary to the negotiating stage itself,
irrespective of the purpose or nature of the activities or
incidents. The literature is rife with a number of
variations of this three-stage approach. Even though
there may be some difference in the number of stages
and their nomenclature, the activities encompassed by
them do not vary too much. All of these theoretical
models tend to arrive at the same conclusion that the
negotiating process from the start to finish passes
through distinct and chronologically bound stages, each
of which possesses a characteristic set of goals and
activities.
Importance of Preparation to Negotiation
The second assumption made by most of the previous
literature on international negotiation is the central
importance of preparation to effective negotiation.
Many of the widely cited books and articles on
negotiation advocate the process of preparation as the
basis for an effective negotiation. Much of the literature
confirms that good preparation is the path to good
negotiation. In some of the literature, the faith in
preparation for the success of negotiation has been made
explicit. For example, Lewicki et al. (1994) view
negotiation success largely as a function of effective
planning undertaken prior to actual negotiation.
According to Lewicki et al. (1994), planning provides
the negotiator “a clear sense of direction on how to
proceed. This sense of direction and the confidence
derived from it will be the single most important factor
in affecting negotiation outcomes.” Raiffa (1992) after
considering a number of situations in which optimal
solutions to conflicts could not be reached concluded
that in all these cases lack of proper preparation for
negotiation has led to the situation of no resolution to
the conflicts. Therefore, there is the need for effective
preparation before attending any negotiating process.
Other authors like Lax and Sebenius (1986) appear to
have implicitly relied on the assumption of importance
of preparation for justifying their emphasis on the
analysis of interests, alternative courses of actions and
preferences before the real process of negotiation starts.
Because of their implicit faith in the preparation for the
success of negotiation, many authors have not touched
the question of the extent of preparation necessary for
any particular type of negotiation. Similarly, the authors
have paid little attention to the types of activities that
should be given priority during the process of
preparation. The authors have also not addressed the
issue of costs or drawbacks of preparation. In the
absence of answers to all these questions relating to
preparation, it can safely be assumed that the greater the
preparation, the greater is the chances of the negotiation
being successful.
Therefore, the more prepared negotiators arriving at the
negotiating table are likely to achieve better outcomes
in the negotiations. The study of the literature relating to
negotiation leaves a picture that if it were possible it is
better to have an infinite amount of preparation.
Problems with the Understanding of Preparation
The review of the literature raises pertinent questions
concerning the broad understanding of the preparatory
phase of the process of negotiation. The analysis of the
two assumptions gives rise to questions on the limits to
preparation and on the limits to the value of preparation.
The question pertains to the determination of whether
the preparation is a distinct and coherent set of activities,
which are undertaken and finished, within a specific
chronological stage in the process of negotiation, or is
the limit less than the undertaking of the activities.
Secondly, it is essential to understand the value of
preparation in the sense of the extent to which one
should go in preparing for the negotiation.
The first problem can be identified as the determination
of the point at which preparation starts and the point at
which it ends. There is ambiguity in the literature about
what exactly preparation entails. If preparation can be
defined to include recognizable boundaries and
characteristic activities, then it may be possible for a
negotiator to say that he/she has prepared to the extent
necessary. However, if the boundaries are not clear and
well defined it becomes difficult for one to understand
where preparation begins and where it ends.
It seems reasonable to define preparation to include “the
set of activities undertaken by a party to a negotiation
after it has decided to negotiate but before it gets to the
table” (Watkins & Rosen, 2001). Although there are no
uniform viewpoints of the authors on the activities
included in the preparation for negotiation, they all
agree that preparation encompasses three distinct types
of activities – information gathering, analysis of the
information and planning for the negotiation based on
the information gathered and analyzed. This definition
gives a picture of preparation in that it appears to be a
discrete chronological stage in the overall negotiating
process.
The preparation stage is preceded by the pre-negotiation
stage in which the parties agree to negotiate and it is
followed by the negotiation stage where the negotiation
ends. Nevertheless, this definition does not provide a
comprehensive idea of the host of activities, which
overlap the borders of pre-negotiation, preparation and
negotiation and therefore does not fit into the three-stage
model described earlier. Four different problems have
been identified when treating the preparation for
negotiation as a distinct stage.
Inconsistency in Definitions
When preparation is considered as a distinct stage
consisting of a specific chronological set of activities,
significant inconsistency occurs in outlining the
activities involved. This is because of the fact that the
stages of pre-negotiation, preparation and negotiation –
all suffer from multiple amount of interpretations and
uses. These inconsistencies make it difficult to define
the limits of preparation stage clearly and cohesively.
Among the three stages, the stage of pre-negotiation is
especially ambiguous. The literature makes two uses of
the term pre-negotiation – one in the broad sense and the
other in the narrow sense. Zartman (1989), Stein (1989)
and Saunders (1985) have provided a broader definition
of the term pre-negotiation. According to these authors,
pre-negotiation covers all the activities starting from the
earliest mediation efforts until the arrival of the parties
to the negotiating table.
The definitions provided by these authors reduce the
number of stages in the negotiation process to two rather
than three. The definition also includes the preparation
stage under the dichotomy of pre-
negotiation/negotiation classification of the total
negotiating process. In this case, many of the activities
that have been included in the preparation stage are
included in the pre-negotiation stage. Breslin and Rubin
(1991), using this broad definition, make a re-division
of pre-negotiation stage into two elements – creating an
internal agreement with the parties and meeting at the
negotiation table. Thus, Breslin and Rubin (1991) adopt
more or less a three-stage model. Other researchers like
Fisher (1994) and Raiffa (1992) provide a narrower
definition of pre-negotiation. They limit the use of pre-
negotiation to interactions between the negotiating
parties or their agents. Alternatively, they include the
activities in the time-period before the formal
negotiations start.
“Joint brainstorming sessions, dubbed “dialoguing” or
“non-negotiations” by Raiffa (1992), in which the
parties come together, often with a facilitator, to share
information and generate the widest possible range of
options for resolving the issues, are an example of this
narrower definition of prenegotiation” (Watkins &
Rosen, 2001).
Although this technique may find its use in international
political negotiations, it is not normally used in business
negotiations. There occurs a definitional problem even
with the term negotiation. Some of the authors argue that
the traditional definition of negotiation, which is formal
and mostly external, and at the table interaction does not
cover a number of activities that take place in the two
earlier process of negotiation. For example, according to
Zartman (1989), “the word ‘negotiation’ is being used,
as it often is, in two ways, referring both to the whole
process, including the preliminaries to itself, and to the
ultimate face-to-face diplomatic encounters.”
Overlapping of Preparation and Negotiation Cycles
When one tries to distinguish between chronologically
limited stages of preparation and negotiation, there is
likely to be a problem of overlapping preparation and
negotiation cycles. This is because most complex
negotiations involve several rounds of action and
interaction. Generally, interactions among and within
the parties, which are purely informal in nature precede
and intersperse formal negotiations at the table.
“When a negotiation is conducted in multiple rounds,
the activities that the parties engage in between rounds
may be nearly identical to those that they undertake
before the first round: gathering and analyzing
information, ranking possible resolutions, planning a
strategy for the upcoming round” (Watkins & Rosen,
2001). In other words, it becomes imperative that the
parties prepare for the next rounds of negotiation.
In many instances, the events of the first round might
serve as the preparation for the ensuing round. Instead
of a single, prolonged and chronologically limited phase
of preparation, which is followed by the negotiating
process, pursuing repeated and overlapping cycles of
preparation and negotiation, in which each round acts as
the preparation for the next round and running through
the entire process of negotiation until a resolution for the
issue is arrived is found to be more practical and
appealing.
Preparation treated as Negotiation
In many negotiations, it may be necessary for the parties
to conduct complicated and delicate internal
negotiations in order to arrive at an agreeable resolution
in the future negotiations. The parties to a complex
negotiation are rarely a single large entity. There will be
a number of sides representing diverse interests, who
might have spent a longer duration in arriving at a
unified strategy for bringing such strategies to the
negotiating table and they devise plans for the roles to
be played by each member of the negotiating team in the
negotiations (Putnam, 1988). In negotiations involving
two rounds, the first round of negotiations serve as the
preparation for the next round.
According to some scholars, there might be a difficulty
in deviating from a position, which is designed after
careful and elaborate deliberations and this makes the
internal negotiations the only means that really would
lead to some acceptable solution. In these cases
preparation itself is regarded as negotiation and it is
difficult to differentiate as to where the preparation stage
ends and where the negotiation begins (Zartman and
Berman, 1986).
The preliminary discussions between the parties, which
often occur before the formal negotiations take place,
are another illustration of preparation taking the role of
negotiation. If the parties to a negotiation arrive to the
place of negotiation in advance and enter dialogues to
set the agenda, make brainstorming session on the
available resolutions or fix the procedures for the
negotiating process, they can be said to be involved in
the negotiation even though there are no formal offers
or commitments made by any side.
Nevertheless, these preliminary dialogues also call for
preparation by the respective sides and therefore in
effect the parties must prepare to pre-negotiate. Thus,
preliminary discussions among the parties present
similar issues even though they are not held at the
negotiating table with each encompassing both
preparation and negotiation, which makes it difficult to
differentiate preparation from negotiation.
There is yet another type of negotiation, which develops
during the preparatory stage. In this, the parties make
strategic moves away from the table to engage in
altering the conditions that the parties eventually may
face at the time they arrive at the negotiating table.
These are the moves, which are undertaken by the
parties primarily to reduce the attractiveness of the
alternatives available to the opponents, to develop
supportive coalitions and to cause divisions in the
opposing coalitions (Lax and Sebenius, 1986, 1991).
“For example, if one side in a negotiation succeeds in
luring unaligned parties away from the other side,
convincing them that the other side’s proposals would
be disadvantageous, the dynamics of the negotiation
may change dramatically. Although activities like this
take place before the formal sessions begin, they are also
clearly moves in the game—both preparation and
negotiation,” (Watkins & Rosen, 2001). This position
may not be present in international business
negotiations.
Improper Separation of Thinking and Acting
In the three-stage model of negotiation, it usually
happens that the activities connected with the three
stages of information gathering, analysis and planning
are dissociated from the negotiating stage. At the same
time, the activities connected with negotiating like
acting and interacting are removed from the preparatory
stage. In the three-stage model, the process of
proceeding from one discrete stage to another covers the
fact that both activities like planning connected with
preparatory stage and activities such as acting connected
with negotiating stage are undertaken throughout the
process of negotiation.
At the start of the negotiating process, when the parties
begin the pre-negotiation process, usually the parties
undertake researching the associated issues and the
likely stands of their opponents. The parties will also be
involved in evaluating and ranking the interests of the
other side and the alternatives available to them. Based
on this evaluation they will plan the future course of
actions. It is important to note that these activities
continue to be critical throughout the process of
negotiation, since the parties gather information from
one another and based on this information evaluate the
findings and make amendments to their strategies based
on the analysis of the information gathered.
Because the parties to the negotiation cannot predict the
motives and moves of the other parties precisely, the
negotiators are left with no other option except to
continue preparing until the end of the process of
negotiation.
The need for continuous preparation in international
negotiations can be equated with formulating business
strategies. In the strategic planning process, separating
planning and implementation often leads to poor results
for the corporation engaging in the strategies because
even the most carefully designed strategic plans struggle
to take off if the designers do not indulge in learning and
revising their anticipation of the results in line with
changing market events which are unforeseeable
(Quinn, 1992).
Better business results can be achieved from strategic
plans when business leaders keep their options open and
make progress on an incremental basis based on the new
information acquired and adapt their plans as they move
along. Quinn (1992) states effective strategic plans “are
intended only as ‘frameworks’ to guide and provide
consistency for future decisions made incrementally. To
act otherwise would be to deny that further information
could have a value.” Negotiators need to act in the same
way as business strategists and must avoid the
separation of thinking from acting and learn new
information throughout the process of negotiation and
change their plans accordingly (Mintzberg, 1990).
Combined together, these issues of inconsistencies in
definition, overlapping of preparation and negotiation
cycles, preparation treated as negotiation and improper
separation of thinking and acting act as the limitations
to the preparation stage. These issues illustrate the
reasons for the inability to identify when the preparation
stage starts and when the stage ends, especially in a
complex negotiation, which comprises of multi-round
and multi-party involvement.
The issues discussed also illustrate that preparatory and
negotiating activities overlap each other and flow
simultaneously repeating themselves. The overlapping
of preparatory and negotiating activities suggest that a
three-stage pre-negotiation-preparation-negotiation
model does not precisely distinguish between the
activities and events in each stage in a situation of
complex negotiation process.
In the negotiation literature, the problem of boundaries
is not just the definitional issue. It has several practical
implications in the ways in which one thinks and
describes the negotiation process. The purpose of
establishing boundaries and definitions is to determine
what one assimilates and regards as important and what
one misses or disregards in the whole sequence of
activities in the entire process of any negotiation.
Therefore, clear boundaries and definitions become
critical elements in the process of good research and
analysis, and in offering good prescriptions to the
negotiators.
The three-stage model, which assumes that the
preparatory stage ends when the negotiation stage starts,
gives a misleading impression to the negotiators that
they can stop preparing when they arrive at the
negotiating table. The model also draws attention away
from the need to continue to acquire information,
analyze such information and continue planning over
the entire course of a negotiation process. The
separation of thinking from acting leads one to a
position where there is too much emphasis on
information gathering, analyzing and planning
preceding the stage of negotiation and too little on
learning any new information and adapting to such new
information while coming to the negotiating table.
Limits of Preparation
The review of negotiation literature indicates that more
preparation, which precedes the actual process of
negotiation, is likely to yield better results and therefore
it is advisable to invest as many resources as possible in
preparation. Nevertheless, there is no indication in the
literature as to the point where preparation is enough or
is too much. Just as the boundaries, problems deal with
the meaning of preparing to negotiate, the second issue
of limits to preparation deals with what it means to
prepare enough to negotiate.
Limits on Resources
One of the most fundamental limits confronted by a
party to a negotiation is the limitation imposed by the
finite resources available for negotiation. Even the best-
prepared negotiating team might have been subjected to
the “constraints on time, expertise, money, data, access
to documents” (Watkins, 2002) and other tangible
resources. Limitations on available resources act as a
restriction on the magnitude of the overall preparation
efforts of the parties to the negotiation. It is not always
possible for the negotiators to prepare as much as they
would like to because of these limitations and this fact
is often overlooked by the negotiation literature.
The limitations on various resources also force the
negotiators to undertake a series of difficult cost-benefit
calculations and decisions on allocating the available
resources. The decisions may relate to the time to be
devoted to information gathering and the time needed
for analyzing the gathered information.
They have to make hard decisions on the time to be
allotted for planning and on the gathering of the
additional information as to whether such additional
information to be gathered through more research is
really worth the cost or whether it is worth the while to
spend the additional time on analyzing the already
gathered information. The need to make these types of
decisions forces negotiators make a careful analysis of
the different priorities and to decide in advance which
types of preparatory activities are likely to give them
greater benefits during the process of actual negotiation.
Limitation on Information Availability
Even when the parties have infinite resources available
to them, they may not be in a position always to get what
they want while preparing for the negotiation.
Negotiations represent games of incomplete
information. There are some fundamental reasons,
which lead to this incompleteness in the information
available. They are:
i. negotiations are characterized by a high degree of
complexity, involving a number of variables,
which interact with each other in mostly
unforeseeable ways;
ii. negotiations suffer from high uncertainty because
of an inherent lack of knowledge about the future
state of the world;
iii. negotiations also possess the character of high
ambiguity, which restricts the chances of getting
complete information about one’s own interests
and alternatives or those of the opponents and in
addition there would always be shifts in the
interests and alternatives;
iv. negotiation also suffers from the limitation that
parties to a negotiation engage in various
deceptive activities of deliberately concealing
information from the opposite side or providing
misleading or inaccurate information on the
party’s interests and alternatives;
v. negotiations are basically indeterminate, in that it
is the interaction of the parties during the process
of negotiation which determines the specific
agreement within the range of all possible
agreements that are possible. It is to be noted that
no amount of information gathered would be able
to predict the course of that particular interaction
which decides the specific agreement;
vi. negotiations represent a strong non-linear
phenomenon, in which minor changes in the
initial conditions are likely to lead to major
consequences.
It may also happen that events occurring at an early
stage of negotiation may become irreversible at a later
point of time in the process of negotiation. In the process
of negotiation, it is possible that there are a large number
of initial conditions, in which even minor changes might
affect the outcome of the process of negotiation. For
instance, the simple event of whether the negotiators
shake hands when they enter the negotiating room first
may influence the course of the negotiation.
This will happen irrespective of the issues involved and
the interests of the parties at stake. There are other
factors like the chance of discovering common
acquaintances, factors of gender and age of the
negotiators or even the choice of the office building,
which is used for negotiation, which might affect the
outcome of the process. Just as it happens with many
other non-linear systems, the important aspects of
negotiation may become irreversible.
For example, a lost temper at an early stage of
negotiation is likely to impair the relations between the
negotiators throughout the process of negotiation until
the end and it may not be possible to repair any damage
once done. It is also not possible that negotiators could
prepare for the impacts of non-linearity in the process of
negotiation. At best, they can only recognize and adapt
to the effects as and when the incidents occur during the
course of negotiating process.
These reasons prevent the negotiators from knowing
every piece of information they would like to know and
any amount of preparation cannot equip them to know
the extent they want to know. For example, one of the
principal activities in the process of preparing is to
gather information on the interests and alternatives of
the other party.
Nevertheless, irrespective of whatever time, efforts, and
other resources the negotiators apply in this activity,
they may not be in a position to gain a complete
understanding of the other party’s interests and
alternatives because of the reasons listed above. It may
not be possible for the negotiators to perceive the
interests of the other party even if they apply infinite
resources. In addition, the resources invested in the
activity will provide only diminishing returns, as it is
often difficult to obtain more and more information even
on applying additional resources. “While the value of
devoting some effort—and perhaps significant effort—
to this activity is undeniable, it is equally clear that there
is a limit to its usefulness. The information sought may
simply not be available” (Watkins & Rosen, 2001).
Cognitive Limits
The characteristics and capacity of human perception
and reasoning limits the value of the preparation
process. These limits can be called “cognitive limits.”
Although the cognitive limits are less obvious than the
limitations emanating from finite resources and
incomplete information, the cognitive limits may be
important in deciding the possible extent of the
preparation. Unlike the limitations of resources and
information, the cognitive limits not only restrict the
magnitude and efficacy of the preparation process but
also actually weaken the process by reducing the ability
of the negotiator to achieve a desirable outcome of the
negotiation.
The nature of human perception and reasoning can
affect some basic elements of preparation. To illustrate,
analyzing one’s own interests being one of the activities
of preparation, although crucial, carries with its own set
of dangers. One of the fundamental assumptions
underlying the analysis of interests is the stability of the
interests and preferences of the negotiators. If the
interests and preferences are stable, then it becomes
easier to analyze, evaluate and solidify in advance,
which acts to reduce the risk of the negotiators being
sidetracked or losing sight of the original objectives.
The potential cost of this activity also needs to be
recognized. However, interests and preferences, which
are considered as stable and known cannot be expected
to evolve or change during the process of negotiation,
with the new opportunities arising or new information
becoming available. These changes in preferences often
become an important component in the dynamics of
negotiation, which allows the negotiators to take into
account new information, adapt to changes in their
relationship and expand the possibilities of arriving at
agreeable solutions.
However, considering the interests and preferences as
stable becomes additionally problematic in the cases
where complex internal negotiations are expected to
establish a position covering the external negotiations.
“Once an internal coalition has coalesced around an
apparently stable set of interests, participants in the
external rounds may have lost virtually all flexibility in
responding to new proposals and concessions,”
(Watkins & Rosen, 2001).
Similarly, negotiators who have invested a substantial
amount of time and effort in the analysis of their own
interests and preferences may tend to become
overcommitted to the outcomes of these processes,
which in turn is likely to create rigidity in their
convictions about what would constitute an acceptable
agreement. Keeney and Raiffa (1992) observe that a
significant amount of work has been done on the process
of quantifying interests and alternatives and in assigning
values to the issues and possible outcomes so that
negotiators could arrive at the negotiating table with a
precise understanding of their preferences and the
ability to score the other party’s offers and proposals.
This process actually facilitates the negotiators in
developing elaborate scoring systems and in investing
significant time in assigning values for the likely offers
and proposals. There is one danger associated with the
negotiators putting too much effort in analyzing the
interests and alternatives in that they become committed
to the systems they have developed. Such commitment
encourages them to expect to obtain a predetermined
score. This makes them judge the options and outcomes
purely in terms of scores or points. Consequently, there
may occur a loss of flexibility, creativity and receptivity
to compromise which are essential qualities for
achieving mutually beneficial outcomes.
The risks, which are inherent in analyzing one’s own
interests and preferences, are even more apparent in the
process of analyzing the interests of other parties. This
prescription applies only to those who undertake the
process of preparation preceding the negotiation process
and one cannot dispute the value of such analysis.
However, there is a high probability of stereotyping in
which one party assumes its interests would match with
those of whatever large group the party is associated
with and this probability cannot be ruled out. This
situation is most likely to arise in the case international
negotiations.
There is also the probability of making wrong guesses
about the things which matter, to the other party. Such
mistaken beliefs and assumptions about the interests and
alternatives of the other party have the effect of
narrowing the range of options generated and
considered in the course of the process of negotiation
and they reduce the chances of arriving at an efficient
agreement. If one of the parties becomes confident about
his/her understanding of the interests of the other party,
it may also lead to selective perception at the point of
time when the parties begin to talk. Such confidence
makes the negotiators less likely to listen carefully to the
views of the other party and ask intelligent questions as
they are sure that they already know the answers. This
type of selective perception combined with stereotypes
and mistaken assumptions might lead to self-fulfilling
prophecies and opportunities for sabotaging likely
agreements (Rubin, Pruitt and Kim, 1994).
The effect of these cognitive limits is that as and when
the deliberations in the negotiating table proceeds and
there is an exchange of views and proposals among the
parties, the negotiators may have to “unlearn” many of
the things that they presume they have learnt before
arriving at the negotiating table. The analysis and
planning that might take place before the parties meet at
the negotiating table might have been based on
information, which was incomplete. In order to avoid
becoming stuck to initial assessments which may not be
accurate, the negotiators must be willing to amend or
even discard the beliefs formed earlier in the face of
conflicting evidence. Thus, because of the effect of the
cognitive limits the negotiators who have spent
considerable time and efforts in gathering information,
analyzing it and devising detailed plans may not be
willing or able to amend their beliefs and adapt them to
the course of the actual process of negotiation, which
contain face-to-face discussions.
Resource, informational and cognitive limits inflict
major constraints on the process of preparing to
negotiate. These limitations suggest that there is a duty
for negotiators to think carefully about the goals of
preparing. They also advise that the negotiators must
consider setting priorities as a crucial first step and that
unlearning is as important as learning and it is even
possible that they might get “too prepared” for the
negotiations. Even though preparation is an important
step in the negotiation process, it has some potential
drawbacks. “Even the most basic prescriptions, such as
those about analyzing interests, entail tradeoffs that a
prospective negotiator must recognize and address,”
(Watkins & Rosen, 2001). It is a fact that the existing
literature has ignored the limits to preparing greatly and
one cannot expect much help from the literature on the
extent to which one should prepare to continue with the
negotiation process.
Summary
The boundaries and limits discussed above point to the
fact that there needs to be a complete rethinking of the
process of preparing to negotiate. Based on the
discussion it can be stated that preparation cannot be
treated easily as a cohesive bounded stage. It appears
that the activities undertaken during the stages of pre-
negotiation, preparation and negotiation are not entirely
different. Therefore, it is difficult and often not useful to
distinguish one chronological stage from the other. It is
problematic particularly with the preparation stage to
deem it as a distinct stage because it is ambiguous
because of the fact that all the three activities associated
with preparation namely information gathering,
analyzing and planning happen to take place through the
negotiating process. It is not possible to separate
thinking from acting.
Similarly, the existence of resource, informational and
cognitive limits force the negotiators to make a cost-
benefit analysis through the entire process of
negotiation. Because of the fact that the activities
connected with information gathering, analyzing and
planning entail cost and are subject to diminishing
returns, the negotiators must compare the costs of
undertaking the activities with the benefits likely to
occur from such activities. Based on such cost-benefit
analysis the negotiators should make the allocation of
the available resources. More particularly the
negotiators have to make their decisions from three
different perspectives –
i. the amount of time and resources to be invested
in information gathering, analyses and planning
away from the negotiating table as against at the
negotiating table,
ii. the time and resources to be invested in acting to
adapt to the circumstances away from the
negotiating table as against at the table
iii. the ways of learning both away from and at the
table.
The characteristics and context of the situation facing
the negotiators will have to be taken into account by the
negotiators in making these decisions.
An alternative to the three-stage preparation model,
which advises more preparation, a model of repeated
cycles of learning and planning will be of more use. In
this model, learning implies gathering and analyzing of
information available from whatever sources both away
from the table and during the course of negotiations at
the negotiating table.
Planning encompasses using the gathered information to
devise plans for possible future action and to identify the
other information needed both prior to the start of the
negotiation and during the negotiation process. There is
another stage of acting involved in this model, which
implies taking steps to change the conditions, which
may include moves away from the table. It also includes
sharing of the available information emanating from any
brainstorming session and exchanges of offers and
proposals in a traditional way at the negotiating table.
This model envisages the progression of the negotiators
in an adaptive way through alternative cycles of the
three core activities involved in the model.
The most important difference between this model and
the theoretical three-stage model is the central role taken
by learning throughout the process of negotiation. In this
model, negotiation is not represented by a plan and then
implemented as a process with one time learning and
planning before arriving at the negotiation table.
Instead, this model suggests that negotiation is a process
of acquiring new information on a continuous basis from
all the available sources including knowing the interests
and alternatives of the other party. Based on such
knowledge the negotiators adjust their expectations and
devise new strategies based on the new information
gathered.
This model also provides for managing the resource,
informational and cognitive limits which find an
inherent place in a negotiation process concentrating on
the major decision areas discussed earlier. The
limitations on resources do not allow the negotiators to
do an unlimited amount of information gathering,
analysis and planning based on the analyses. The new
model enables resource allocation on an explicit basis
and provides better solutions such as making tradeoffs
between learning before and during the process of
negotiation.
Unambiguous recognition of information limitations
underlines the need to take the peculiar characteristics
of specific negotiations into account when making
tradeoffs between learning away from and during the
course of negotiation. This leads to the formation of a
contingency theory of learning, planning and acting in
negotiation. In the case of negotiations, which are not
complex uncertain and unambiguous, most of the
information, which a negotiator wants to know can be
learnt in advance and there will be very little to be learnt
during the negotiation.
The negotiation in this case can proceed as portrayed
with most of the planning done and with most of the
acting carried out in one or few steps during the
negotiations at the table. On the other hand, in the case
of complex, uncertain and ambiguous negotiations,
there are several limitations acting on the extent to
which the negotiators can learn before they arrive at the
negotiating table and on the resources, which could be
invested in gathering information upfront and analyzing
the information gathered.
Under such circumstances, negotiators can benefit more
by using the time planning to learn once they arrive at
the negotiating table. When faced with a high level of
uncertainty, complexity and ambiguity, it is advisable
that the negotiators adopt an incremental step approach
through the entire process of negotiation, learning
through the interactions taking place during the course
of negotiation.
Because of the existence of cognitive limitations, the
rigorous information gathering and analysis
recommended by the literature may make the
negotiators resort to misleading assumptions about the
interests of other parties or make them rigid in their
approaches to the whole negotiation process. In contrast
to this position, concentrating on a continuous learning
process both away from and at the table would enable
the negotiators to adopt a scientific approach of
hypothesis testing and deciding on the issues. A
negotiator who goes to the negotiating table with a
hypothesis about the interests and alternatives of the
other party will attend to the negotiation with the goal of
testing the hypothesis and will be in a position to unlearn
where necessary.
The negotiator who is willing to unlearn is likely to ask
a different set of questions during negotiations than the
one who relies on the accuracy of his upfront analysis
and leading assumptions to interpret the actions of the
other party. The learning negotiator will also realize and
look for shifts in the preferences and values of the other
party during the course of negotiation. Therefore, this
model help the negotiators to balance the investment of
valuable resources in information gathering, analyzing
the information gathered and planning in advance with
learning and unlearning during the process of
negotiation.
Analysis
Neslin and Greenhalgh (1983) observed that negotiation
is one of the important matters for both sellers and
buyers in international trade (as cited in Simintiras &
Thomas, 1998). Gilsdorf (1997) as cited in Woo &
Prud’homme (1999) indicate that negotiation is the most
challenging task in communicating in business dealings.
Negotiation is considered as the process of
communicating backward and forward in order to
discuss the issues and arrive at a resolution which both
parties could not satisfy initially (Foroughi, 1998).
“Negotiation is a process for managing disagreements
with a view to achieving contractual satisfaction of
needs” (Gilles, 2002).
Negotiation in international trade is a kind of social
interaction entered into with the intention of reaching an
agreement for two or more parties having different
objectives or interests whom they think are important for
themselves (Manning & Robertson, 2003; Fraser &
Zarkada-Fraser, 2002). Differences in cultures,
environments, communication styles, political systems,
ideologies and customs or protocols make situations
more complicated in cross-cultural negotiations
(Hoffmann, 2001; Mintu-Wimsatt & Gassenheimer,
2000).
Role of Culture in International Negotiations
“Cultures are defined by values and norms. These may
vary according to national, organizational, regional,
ethnic, religious, or linguistic affiliation, and by gender,
generation, social class, and family levels” (Chen and
Starosta cited in Aydin & McIsaac, 2004). According to
Simintiras and Thomas (1998), cultures are accepted
values and norms, which lead people to have different
ways in their thoughts, feelings and behaviors. “Culture
has been defined as accepted beliefs, behavior patterns,
values, and norms of a collection of individuals
identifiable by their rules, concepts, and assumptions”,
Salacuse as cited in Hendon, Roy, & Ahmen, 2003).
Janosik (1987) has worked on his seminal theory of
cross-cultural negotiation research, which was based on
his qualitative, phenomenological studies about the role
of culture on negotiation. The theory advocated by
Janosik (1987) has identified four different constructs,
which are (i) cultures as a learned behavior, (ii) cultures
as a system of shared values, (iii) cultures as dialectic
and (iv) culture in context defined as cross-cultural
negotiation research. Irrespective of the approach to be
used, one of the main issues is to understand the
individual variations in international business
negotiation. In this context, this chapter presents an
analysis of international business negotiation as carried
out by Chinese nationals.
Style of Chinese Negotiation
The adoption of the Open Door Policy by the People’s
Republic of China has resulted in significant economic
growth. This rapid growth in the economy has opened
up the chances for foreign investors to invest in Chinese
companies. At the time when China opened up its
economy for foreign investments, Sino-foreign joint
ventures were the privileged forms of business
organization that attracted most western investments.
Many western companies are considering the formation
of joint ventures in China, in view of the great potential
they offer for a vast market for their products and the
availability of cheaper labor.
Nonetheless, the existence of differing management
styles between Chinese partners and foreign investors
creates problems in the negotiation of business deals and
the formation of joint venture arrangements. In forming
such joint venture arrangements, the challenges the
Chinese business negotiations pose is so great that there
have been instances that a number of business deals
between China and other western countries including
the USA have failed because of poor negotiations. As
John Graham and Mark Lam (2003) see this it is because
often “Americans see Chinese negotiators as inefficient,
indirect and even dishonest, while the Chinese see
American negotiators as aggressive, impersonal and
excitable”. Variations in the management style and
problems in negotiations are created by strong cultural
factors.
Despite these hindrances, it is possible to win
negotiations with Chinese businessmen, provided a
clear understanding of the social, cultural and economic
aspects of the negotiation with Chinese entrepreneurs is
evolved. This chapter presents an in-depth analysis of
the intricacies of Chinese negotiations including the
cultural background of such negotiations. The chapter
also deals with the influence of Confucian traits like
hierarchy, harmony and face on communication,
characteristics of communication and the Chinese
perception of negotiation. Further, the chapter discusses
the challenges the Chinese negotiation process poses for
managing international business in China.
A number of studies have been conducted in the area of
business negotiations of the Sino – Western and Sino –
American joint venture arrangements. These studies,
which started around the 1980s, have made an in-depth
study into the peculiarities of the negotiations of
business deals with Chinese government and
businessmen. The most important studies have been
conducted by Blackman 1997; Chen 1993; Davidson
1987; Deverge 1986; Fang 1999; Frankenstein 1986;
Lee and Lo 1988; Pye 1982; Stewart & Keown 1989;
and Tung 1982. The primary objective of these studies
is to bring out an exhaustive narration of the socio-
cultural implications of negotiations with the Chinese
and the intricacies thereof. It cannot be said that these
studies have completely made recommendations for the
successful negotiation of business deals with the
Chinese business empires. An abstract of these studies
is detailed in the following sections.
Role of Culture in Chinese Negotiation
The Chinese culture, which is 5000 years old, has a large
influence on their business negotiations. The rural origin
of a majority of the people has led them to retain their
agrarian values. Social and economic theories attach
more importance to the agricultural base than commerce
and business. Because of the rural base, the human
values assume more prominence in the negotiations than
business profits and gains. Graham and Lam (2003)
state, “Chinese negotiators are more concerned with the
means than the end; with the process more than the
goal.”
‘Morality’ is the next aspect of culture that greatly
affects the Chinese negotiations. Confucianism, which
is a 2500 years old Chinese philosophical tradition,
makes morality the all-pervasive factor throughout the
negotiation process. For coherence sake, the detailed
discussion on ‘Confucianism’ is included in the section
on Chinese Business Culture.
The Chinese believe in the holistic presentation of
information relating to their business negotiations. This
is because from a young age the Chinese get used to
studying the Pictographic Language. Because of the
pictorial character of the Chinese language, all Chinese
learn to memorize many pictures rather than sequences
of letters. This is reflected in the Chinese tendency to
depend more on holistic presentation of information.
The Chinese cannot do away with their suspicion of
foreigners. China was prone to violent attacks from
foreigners over several historical periods. Such attacks
resulted in internal conflicts and civil wars within the
country. The effect of this history had been the reason
for such wariness. Because of these bad memories, the
Chinese have a tendency to believe only in their families
and bank accounts. All these aspects of their cultural
background are reflected in their business negotiations
as well.
Chinese Business Culture
According to Tony Fang (2006) “Chinese business
culture consists of three fundamental components: the
PRC condition, Confucianism, and Chinese
stratagems”. In business negotiations, the Chinese
negotiator conducts the process of negotiation with his
or her cultural background and changes the strategies
during the process of negotiation depending on the
trustworthiness of the other negotiating party. The
adoption of such strategies is guided by the basic
business culture embedded within the three essential
components.
The PRC Condition
“Chinese politics, China’s socialist planned economic
system, legal framework, technology development,
great size, backwardness and uneven development, and
rapid change all these make the PRC condition”
(Campbell and Adlington, 1988; Child, 1990, 1994;
Lockett, 1988; Porter, 1996)
These attributes represent the distinctive characteristic
features of the Chinese business environment.
The PRC condition is represented by the Chinese
Bureaucracy with its special character of centralized
decision making and internal bargaining that result in
red-tapism. The rapid progress in economic reforms
made the Chinese overcome this shortcoming as they
had to use the quality of their ability to quickly grasp the
need for keeping themselves in pace with economic
reforms. Such quick learning has made radical changes
in the PRC condition. The emergence of efficient
business managers and the rapid change of the country
to a market economy are examples of the changed PRC
condition.
Under the PRC condition, the personnel and
administration departments assume greater importance
and power than the other departments. This is because
these departments acted as the nerve centre of the state-
owned Chinese enterprises controlling business
negotiations with foreign investors. However, this
situation has completely changed with the passage of
time.
Features of the PRC Condition:
The following features of the PRC condition make it an
important factor that forms the foundation on which
Chinese business ventures with overseas investments
and contracts are built:
Politics: Politics centers round every aspect and
spectrum of life and business in China. Hence, it
becomes difficult to separate Chinese business
and politics under the existing Chinese social
system. Politics forms part of a normal business
life.
Economic Planning: The retaining of control by
the Chinese government over major industrial
sectors with a view to carefully plan the economy
is another important element of the PRC
condition. This makes every foreign business
negotiator go through the economic policies of
the government thoroughly before they attempt to
begin their negotiation. In fact, this can be
considered as a very important aspect in the
Chinese negotiation.
Legal Framework: Mention should be made about
the legal framework that exists in China, which is
another important PRC condition. However it
must be understood that the laws and legal
systems prevalent in China are relatively young
and were influenced more by human values than
sheer legal stances.
Technology: The PRC condition implies the
adoption of modern technology. It may be
appreciated that only the need to overcome the
shortage of modern technology that hampered
economic progress persuaded China to open up its
economy for foreign direct investments. This is
another important feature of the PRC condition,
which helped China get an edge over the other
developing countries, in the matter of
technological advancement.
Magnitude of the Market: Another appreciable
feature of the PRC condition is the extension of
the world’s biggest market in exchange for the
ultra modern technology, which has been made
the state policy of the government. In fact, this
policy helped China attract a record amount of
foreign direct investments.
Backwardness: Economic backwardness still
exists in a majority of the population. This is a
distinguishing feature of the PRC condition.
Though the communist face of the country
changed long before, the government still bases
its decisions to eradicate the poverty in the
country through the various economic reforms on
some of the basic tenets of socialist thought.
Rapid Change: China has the distinction of
adapting itself to economic changes at a very fast
speed, which no other country could match so far.
Both the government and the people understood
the necessity of the economic changes the country
needed and did everything to take advantage of
changes in the global economic scenario.
Irrespective of the resistance by the people and
even by some government authorities, rapid
changes took place in the Chinese economy.
Chinese Bureaucracy: Bureaucracy coupled with
the resultant red tapism characterizes the PRC
condition. At the same time, the government will
not hesitate to take quick decisions on buying
when the product meets the requirements of the
nation. This is a peculiar condition, which baffles
many foreign negotiators.
Confucianism
The effect of Confucianism on Chinese business
negotiations can be looked at from the following angles:
Moral Cultivation: “Confucianism emphasizes
people’s self-moral cultivation and lifelong
journey” (Ghauri and Fang, 2001) According to
this ancient principle the rulers were advised to
use moral persuasion and rules of propriety rather
than legal processes in administering the people.
This aspect of Confucianism is still being
followed in Chinese negotiations. The moral
aspects take prime importance in business
negotiations and this is the reason the Chinese
look into the moral values of their opponents
before arriving at any business decisions.
Interpersonal Relationships: The affiliation and
affinity of king and citizens, parents and their
sons and daughters, man and wife, brothers and
friends form the very basis of the lives of the
Chinese people. These relationships collectively
known as Gunaxi are closely related to etiquette,
propriety and rules of conduct that have formed
the way of life for the Chinese. Hence, it is
difficult for the Chinese to attribute only
monetary gains in their business dealings without
giving importance to these human relationships.
Family and Group Orientation: From time
immemorial, even when there were no well-
defined legal systems, ‘family orientation’ and
reliance on groups as social units influenced the
conduct of Chinese lives. In this way, most of the
social responsibilities are taken care of by the
family structure without too much dependence on
laws and regulations. This trait continues to grip
the Chinese business negotiations even today.
Respect for Age and Hierarchy: Chinese are
taught from generation to generation to give
importance to social harmony and stability.
Hence, the respect for age and the regard for
hierarchical levels are embedded in the blood of
the Chinese. This culture is being represented in
their business negotiations also which needs to be
understood and appreciated by the foreign
negotiators.
Avoidance of Conflict and need for Harmony:
The Chinese by nature do not want to create
conflicts and want to have a peaceful resolution
of all issues. This is due to the basic nature of the
Chinese. According to Confucius, the men when
made to compete will act like gentlemen
exhibiting high moral values. (However, The
Chinese can be quite aggressive when the need
arises. Preferring harmony and peace they can act
decisively if they think they are threatened or
offended.) Thus, for the Chinese harmony in
society is considered an essential part of social
life and these needs find a place in their business
negotiations also.
Concept of Chinese Face: The Chinese value
social respect more than their lives. Any act to
humiliate them in public will be viewed seriously
by the Chinese people. Since, both criticizing too
openly and or praising too openly in public can
make someone lose face; Chinese do not want to
have any situation that affects their ‘face’. The
concept of Chinese face implies avoidance of
humiliation for them in public. The Chinese
believe that it makes a person stand out from the
group and consider that as a great insult.
Chinese Stratagems
A Chinese proverb “The marketplace is a battlefield”
reflects a deep-seated Chinese belief that the wisdom
that guides the general commander in the battlefield is
the same one that applies to business (Chu, 1991). This
implies the application of strategy in wars, which in
Chinese opinion equally applies to business situations.
“The Chinese stratagem is a strategic component in
Chinese culture,” (Chu, 1991; Faure, 1998; Mun, 1990;
Tung, 1994).
The Art of War written by Chinese Military Strategist
Sun Tzu forms the basis for the Chinese Stratagems. The
basic principle underlying the Chinese stratagems is the
admonition that, “To win one hundred victories in one
hundred battles is not the acme of skill. To subdue the
enemy without fighting is the acme of skill.” (Sun Tzu
1982). The normal strategy that the Chinese negotiator
adopts is not to force the opponent into accepting his
terms but providing signals that one of the competitors
is waiting to offer a better deal. The Chinese use 36
stratagems in dealing with the enemies and gain
advantage over them by overcoming dangerous
situations. The basis of all these 36 stratagems can be
traced to their philosophical origins of ‘Yin Yang’ and
‘Wu Wei’ principles.
Yin Yang Principle
Chinese culture has developed based on three
philosophical traditions namely; Confucianism, Taoism
and Buddhism. Each of these has a different objective
and approach in that Confucianism describes the human
relationship while Buddhism deals with the immortal
world, and Taoism advocates life in harmony with
nature.
Yin Yang is a Taoist principle that is again based on
‘Dualism’ that represents unity and harmony. Cooper
(1990) says “the Yin Yang image, probably the best-
known symbol in East Asia and is illustrated in a circle
being equally divided by a curved line forming the black
and white areas.” Yin is the form of female elements like
moon, darkness, mystery, softness etc, whereas Yang
represents male element s like sun, day, fire, strength
etc.
The white dot in the black area and the black dot in the
white area signify that there is no absolute white or black
that can exist. Chen (2001) suggests that the black and
white spaces contain the power for the other to act and
both of them combined from dynamic unity. The Yin
Yang principle laid the foundation for the cultural
inhibitions of the Chinese people. It led them to follow
different philosophical teachings and such teachings
controlled their behaviors in the varied circumstances
the Chinese faced. This is originally the reason for the
Chinese people to mix their cultural affiliations with
their business negotiations.
Categories of Chinese Stratagems:
While the stratagems provide guidance to the Chinese to
win over the enemy without fighting, Chiao, (1981)
shows that the Chinese stratagems are the driving force
for the Chinese in all Chinese societies to condition their
minds in dealing with all situations. The stratagems
backed by the Chinese culture acts as weapon that the
Chinese use intentionally or unintentionally in complex
business deals. On a theoretical basis, these 36
stratagems are grouped in to the following six categories
(Chiao, 1981):
Stratagem 1 to 6 to be used when being superior.
Stratagem 7 to 12 to be used for confrontation.
Stratagem 13 to 18 to be used for attacking.
Stratagem 19 to 24 to be used for confused
situations.
Stratagem 25 to 30 for gaining ground.
Stratagem 31 to 36 when being used in an inferior
situation.
In fact, the Chinese negotiators often combine the
elements of culture, PRC condition representing the
bureaucracy and the influence of the 36 stratagems in
their business negotiations. Unless the foreign
negotiator has a clear understanding of the mixture of
these factors in Chinese business negotiations, it would
be difficult for him or her to win over the Chinese
people.
Negotiation Process
In generic terms, the negotiation process is a process by
which the parties try to reach mutual agreements with
respect to the terms, conditions and guidelines for future
relations. The Sino-western business negotiations can be
divided into three stages:
Pre – negotiation: This is the initial stages of the
business deal where actions like lobbying,
presentation of a business proposal, informal
discussions on the terms and conditions and trust-
building exercises take place.
Formal – negotiation: Under this process the
parties tend to exchange task – related
information and undertake persuasion processes,
concessions and agreements for furthering the
deal.
Post – negotiation: This stage covers the actual
implementation of the deal once a formal
agreement is reached between parties on the
various terms and conditions of the deal. In case
the parties are unable to reach some consensus,
they would go in for further rounds of negotiation
to resolve the unfinished issues.
Under normal circumstances, the Chinese consider the
negotiation process as a prolonged one that includes
more rounds of dialogues than arriving at the final
resolution immediately after a few rounds of talks. As
discussed earlier, the Chinese would always prefer the
negotiations to be done taking into account the
hierarchical importance of the people involved in the
negotiation. They also would like to ensure that social
harmony is given due importance throughout the
process of negotiation. At any point of negotiation, the
Chinese would not like to have a situation of conflicts.
Even when they have to say ‘no’ to some of the issues,
they will try to use some circuitous ways to make the
opponent know their negative reply. Hence, the period
of length that the process of negotiation takes not at all
matter for the Chinese.
Under both pre – negotiation and formal – negotiation
processes the Chinese are very particular that the
trustworthiness of the people with whom they are
dealing is sufficiently tested before they form their
opinion. ‘Trust building’ thus is an essential part of the
whole negotiation process. These processes also involve
the services of intermediaries, which are very vital in
any trust building exercise. The Chinese are also
particular that they maintain their ‘face’ throughout the
process of negotiation. The processes are further
influenced by other factors like group benefits and
holistic thinking.
Usually the Chinese would like to take a longer time to
review the negotiating process during pre – and post –
negotiation processes. This is because the Chinese think
that the pre – and post – negotiation periods are
important in the whole process for building mutual
relationships and in securing the commitment of both
sides. When Westerners and the Americans consider
that the negotiation process is over, while for the
Chinese the negotiation process continues even after the
deal is concluded.
Negotiation Structure
The structure of business negotiation from the side of
the Chinese will take the following format:
While the negotiations take place in a formal
environment, the discussions will start from
general things down to specific details relating to
the deal.
The Chinese team would normally consist of
more people and appear larger than the opponents
appear. However even when the contingent of
fringe personnel changes, the core negotiators
will remain the same.
The seating arrangements for the Chinese team
will be done according to the hierarchical level
and will be facing the opposite team.
Usually there will be a note taker on the Chinese
team.
The Chinese team will speak unanimously on
issues indicating that they have reached on a
consensus on the issues internally before the
negotiation process started.
It is not advisable to assume the function and
authority of the Chinese team as sometimes the
whole purpose of the meeting may be only to
gather information rather than arriving at some
business decisions.
Role of Intermediaries in the Business Negotiations
The peculiar characters of Chinese negotiations require
the services of an intermediary or ‘Zhongjian Ren’ as he
is otherwise called (Chiao, 1981). All meetings with
strangers are looked at with suspicion and distrust by the
Chinese. It requires a trusted business associate of the
foreigner to pass him along to the former’s trusted
business associate in China. It is very important for
Chinese that a foreign businessman is introduced by a
known source rather than dealing with unknown people
directly.
This involves finding a person to act as an intermediary
who must be known to both the parties of the business
deal. It so happens in any business deal that the
intermediary has a major role to play at times when
some issues need to be settled between the parties. This
is because it becomes a lot easier for a native business
intermediary to read and understand the expressions and
feelings of the Chinese side in any business negotiation.
He would also be able to contribute much for an easy
resolution by understanding the facial expressions and
the actual body language of the Chinese side that have a
lot to say more than the words spoken.
Managerial Implications in Chinese negotiations
There are quite a lot of managerial implications for
effectively negotiating with Chinese businessmen. The
qualities that the westerners may need are Priority,
Patience, Price and People.
Priority: In order to be successful in business deals with
China especially in large industrial projects, the foreign
firm should understand the priorities, policies and plans
of the Chinese government as the government was the
‘biggest boss’ in the Chinese industrial environment,
although this situation changed in the due course Quite
often, the government announces changes in its policies
that determine the priority of industries in the
government’s view. The foreign firm should carefully
follow the latest guidelines to get to a win – win
situation in business deals.
Patience: Since business negotiations in China often
take longer and involve dealing with different
hierarchies of the government departments, patience is
the most important qualification that a foreign
negotiator possesses in dealing with the Chinese
successfully. It must be noted that the Confucian
principles of relationship, face, etiquette and harmony
that form the basis of the Chinese negotiations make the
negotiation process time consuming. The foreign firm
should have the required patience to go through these
processes, which are not only lengthier but also non-
cohesive with the western culture.
Price: If there are drastic price reductions by a foreign
firm during negotiations, then that will arouse the
suspicions of the Chinese negotiator. This would result
in the loss of credibility for the foreign negotiator in the
eyes of the Chinese. Similarly if the Chinese request a
discount and price reduction and if the foreign firm
rejects such a request then the Chinese will consider it
as an insult, and will try to retaliate for it in their own
ways. Hence, it is important for the foreign firms to
consider the pricing of their products very carefully to
get a business deal through with the Chinese.
People: Since the approach of the Chinese people
towards contracts are rather secondary in importance
than the interpersonal relationship of the people
involved, it is necessary for the foreign firms to take a
people-oriented approach and establish a trusted
relationship with the Chinese partners. The appropriate
time for the foreigners to build rapport with the Chinese
people is the time during which the Chinese decision
makers undertake business tours abroad, when the
foreign team can develop the guanxi with the Chinese
counterparts.
Apart from the above implications, there are certain
other additional factors that the foreign firm should
consider while dealing with the Chinese companies for
the conclusion of major deals:
Sending the right team with the proper
temperament to China.
Getting and showing support from the respective
governments.
Identifying the real Chinese negotiators as there
will be different fact finding and information
gathering teams without real decision ,making
authority.
Engaging the services of an able native Chinese
intermediary.
As far as possible maintaining a consistent team
will help in developing rapport.
Helping the Chinese counterparts to come out of
the bureaucratic web.
Inviting the Chinese to come for negotiations
abroad would also prove helpful in successfully
concluding the deal.
Use appropriate techniques for face saving of the
Chinese negotiators.
Preparation in Chinese Negotiations
Since negotiation with China involves cross-cultural
aspects, it requires some preparation on the cultural
front before negotiating with Chinese. “Preparation for
negotiations in China includes conventional aspects of
identifying goals (immediate, medium, and long-term);
identifying goals and expectations of counterparts
(requiring research and networking); and planning
processes of “trade-off’s,” “what-if’s,” and fall back
positions etc” (Potter, 2010).
However, there are other specific preparation that are
needed before commencing negotiations with Chinese.
These are institutional and personal mapping of the
Chinese negotiators, which will help in identifying the
goals and expectations. Preparation also involves
identification of relational networks, which are likely to
have strong influence on the Chinese negotiators.
On their side, Chinese negotiators also undertake
adequate preparation before they start negotiating.
Chinese adopt an efficient process through preparation,
which help in creating and establishing procedures that
are important for achieving their goals in negotiation.
They specialize gaining the interplay between the
strategy and the negotiation. Chinese are able to perform
better in their negotiation because of their better
preparation by collecting comprehensive information
about the opponents. Such collection of information acts
as the foundation for the preparation for negotiations,
especially through mapping the interests of the
counterparts. The process of collection of information
enables the Chinese to develop an efficient negotiation
strategy.
Conclusion
This research shows that the preparation and planning
for international negotiation involves a number of
issues, which influence the progress and success of the
negotiations. Irrespective of the nature or size of
industry or the extent of the negotiation, there are certain
basic ingredients in the pre-negotiation stage. The
findings indicate the aspect of gathering information is
considered important and the negotiators should be
careful in allocating the resources for gathering the
required amount of information.
In general, companies having high stakes in negotiation
are more concerned in gathering adequate information
about the interests and alternatives of the opposite side
to plan their course of action. The findings of this study
indicate that companies involved in international
negotiations need to perform all types of planning
including strategic, tactical and administrative as
advocated by theory. Usually companies involved in
negotiations with high stakes do the tactical planning
more thoroughly than other companies do.
Nevertheless, the three types of planning are useful in
describing the planning and preparation before any
international negotiation starts.
As regards the factors that affect preparatory process of
negotiation, the first important factor is the
identification of the decision-maker in the opposite side
and thus making the decision-making system of the
opponent as an important influencing factor in the pre-
negotiation stage.
Companies always perceive negotiations as resulting in
some synergistic advantage to them. The findings
indicate that in some cases the nature of persuasive
arguments is most likely to have an impact on the
preparatory stage. One of the major reasons for such
influence is that the large amount of stakes involved in
the solution arrived from the negotiations makes the
parties involved rely more on rational arguments.
On the other hand, in the case of negotiations involving
lesser value, negotiators are more likely to be involved
in emotional persuasion rather than following rational
arguments. The research indicated that different
countries have different preferences as to the method of
negotiation and as to the person who should handle the
negotiation. With the nature of persuasive arguments,
companies involved in negotiations having lesser value
have the opportunity of adjusting the negotiator suited
to different cultural-specific preferences. On the other
hand, negotiations having larger values demand the
selection of a fixed set of negotiators. Companies having
larger number of members in the negotiating team adopt
different selection criteria for choosing the negotiators.
In the preparatory stage, companies involved in
negotiations with longer time-periods are likely to be
influenced by factors other than those which are
culturally specific. These factors, however, depend on
the individual product, company, industry or segment
and have a greater impact on the preparation for
negotiation than cultural factors.
Implications for Managers
While attending international negotiations, preparation
and planning is considered to be of utmost importance.
The important aspect of preparation and planning is not
realizing but actually doing the preparation and
planning. There are a number of considerations about
the preparatory phase, which have been presented in this
research report and a majority of them might prove
beneficial to negotiators.
It is especially important that the managers should adopt
the policy of unlearning throughout the negotiating
process and adapt their strategies to the changing
circumstances emanating during the process of
negotiation. The managers should understand conflict is
unavoidable and they should expect and be prepared to
face the conflicts. They should also understand that
cooperation is fundamental and the mangers should take
the necessary efforts to maintain and improve
cooperation as early as possible. Another important
factor which has an implication for the managers is that
informal relationships are necessary for future
relationships.
Nevertheless, the informal relationships assume a lesser
degree of importance in the Western nations. Trust is
another important factor, which should be maintained
and improved throughout the process of negotiation.
Gathering information about the interests and
alternatives of the opponents and analyzing them to
make proper planning are essential steps in the
preparatory process and the managers should make
careful allocation of the available resources among these
activities to ensure success in the international
negotiations.
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