Framing The Context For International Business Negotiations

BABES BOLYAI UNIVERSITY

FACULTY OF EUROPEAN STUDIES

INTERNATIONAL RELATIONS

FRAMING THE CONTEXT FOR INTERNATIONAL BUSINESS-NEGOTIATIONS

SCIENTIFIC COORDINATOR: GRADUATE:

DR. UNIV. HABIL. MELANIA-GABRIELA CIOT GEORGE ZANC

CLUJ-NAPOCA

2016

Declarație

Prin prezenta declar că Lucrarea de licență cu titlul “Framing the context for international business-negotiation” este scrisă de mine și nu a mai fost prezentată niciodată la o altă facultate sau instituție de învățământ superior din țară sau străinătate. De asemenea, declar că toate sursele utilizate, inclusive cele de pe Internet, sunt indicate în lucrare, cu respectarea regulilor de evitare a plagiatului:

toate fragmentele de text reproduse exact, chiar și în traducere proprie din altă limbă, sunt scrise între ghilimele și dețin referința precisă a sursei;

reformularea în cuvinte proprii a textelor scrise de către alți autori deține referința precisă;

rezumarea ideilor altor autori deține referința precisă la textul original.

Cluj-Napoca, 06.14.2016

Absolvent: George Zanc

INTRODUCTION

This paper presents an analysis of the component drawn to international negotiation process conducted through the bibliography in the field. The first two chapters of this work include a theoretical part on the negotiation process and its component. The last chapter of the book includes a practical achieved through a case study that helped me to better understand this process. Making this work will help me to deepen better domain knowledge assimilating the necessary information regarding the composition of the negotiating process.

International business negotiations are important methods of communication between members of the international companies. In this work I wanted to analyse the basic concept of international business negotiations. Using existing literature in the field. To discover new techniques and methods successfully negotiated used by famous actors in the field, I will analyse a case study at Harvard in the report „Business Strategies Negotiation”. With the help of the literature and case studies on international negotiation process seeking to find the answer to two important questions: Is there a specific statement for international negotiation business? If exist, what are the main elements of a settlement? Making this work to find the answer to these questions will help me deepen my knowledge of the negotiations and will help me to better understand the issues of the multicultural negotiation process.

After reviewing theory on international negotiations, after mentioning some case studies of actor’s , the field made for Harvard after addressing the pros and cons of different processes for resolving disputes of international business, in this paper I will focus to looking for answers to the questions mentioned above. The authors argue that the literature different types of arbitration should be taken into account in negotiating international trade agreements. To resolve disputes in international affairs and to solve various problems arising in the international business environment is recommended to use a settlement in the negotiation process. Most times a settlement can resolve a negotiation but there are sometimes cases where there is a wide settlement that could resolve a negotiation.

To better understand the theoretical concepts gained from research in the literature of specialists in the field and to apply the notions practical from the review of existing case studies in the report above mentioned, Harvard, I write the last chapter of this work a case study in which I will address the issue of international negotiations with companies engaged in the trade.

I will try to the end of the paper to find all the answers to questions that have generated these works and many other questions that will certainly arise during the development work. The answers to all these questions will find their realization after realizing the theoretical part and case study using information acquired and using existing literature in the field using qualitative methods for demarcation issue international negotiation process. I will use qualitative methods because they are more interactive and more suitable for achieving this topic.

Negotiation plays a crucial role in international trade transactions. Negotiation takes place in a very broad category of fields, such as the politico-diplomatic, social, cultural and economic. Compared to other areas, a negotiation in international trade negotiations has certain specific characteristics, both in terms of content and the way of progress and the strategies and tactics applied.

The negotiation process is a common practice in diverse environments and situations. Most often we participate in negotiations without achievement. The negotiation process may be the place for simple acquisition of a good household or a negotiation process to reach a common denominator in terms of choosing a topic for establishing a list of shopping, a negotiation process on the distribution of a product, purchase of goods, or assigning tasks, etc. The negotiation process is found everywhere in our daily life.

  In the literature, the concept of negotiation is defined as „a series of meetings, steps undertaken to reach an agreement for a transaction is complete.”

Francois Callierres's vision of „negotiation is how to reconcile the interests of the parties concerned.”

The first chapter includes theoretical aspects of the negotiation process defining forms of communication used in the negotiation process and negotiation styles.

The second chapter discusses the issue of preparing a negotiation process for international trade.

The last chapter of the book, Chapter 3, includes a case study showing the negotiation process at CSi Holland Industries and the communication behavior between CSi Holland and CSi Romanian Team.

Chapter. I THE NEGOTIATIONS TRADE IN INTERNATIONAL BUSINESS BACKGROUND

1.1 NEGOTIATION PROCESS THEORY AND CONCEPTS

1.1.1 DEFINITION OF THE CONCEPT OF NEGOTIATION

The negotiation process is present everywhere in our lives. Negotiate without realizing it, be it the purchases you make, or about communicating that we do to reach targets, involuntary life places us in a process of negotiation. Negotiation is present in our lives in various forms, in various fields and is known both locally, nationally and internationally.

In the process of negotiating Economic Review is defined as an art. „Negotiating trade as specific activity is essentially art by buyer and seller shall, within a complex negotiation, the precise terms of the cartels.” This negotiation is both art and science operated by well-established rules. Trade negotiator is very important business. Since ancient times people have not fully viewpoint imposed but negotiated sought common solutions.

        The term negotiation has its origins in ancient Rome. The term negotium = trade, business. Romanian Language Dictionary defines negotiation as „an action which deals with someone, concluding a convention economic, political, cultural, etc. or a stock brokerage, intercessory a business.”

         Negotiation is possible if the following conditions are met:

The existence of a conflict of interest between two or more parties on an object;

The interest of the parties in reaching an agreement that each side is willing to make mutual concessions;

Starting a process of communication between the people involved in order to reach an agreement following the exchange of information;

The lack of rules and obligations, or lack of authority to impose settlement of the conflict of interests over the will of the parties.

We find that negotiation is a form of communication that involves active communicative process in order to establish an agreement for a conflict of interest whereby two or more parties, establish their point of view to reach a satisfactory agreement. We can say that negotiation is the art of cause someone to think about how we want.

           Trade negotiations are defined as „an action in facing supply with demand in order to reach a mutually advantageous or signing a contract of sale and purchase.” The process consists in reaching an agreement on a good or service is finalized by signing a contract.

          Negotiation starts from the fact that each party has different needs and interests it wishes to satisfy. „Always when partners were considered tacitly desires mutual negotiation was concluded with success and contracts could continue; But when a part needs were ignored and negotiation was a simple game with winners and losers, outcomes, particularly the negotiation and meeting takes the form of transactions which usually must be mutually beneficial.”

          Negotiation is a communication that involves learning, experience and talent. ,,Negotiation is a form of communication that involves a process communicative, dynamic adjustment of the Agreement establishing the situation of conflicts of interests, whereby two or more parties, animated by different motives and having its own objectives, their mediates positions to reach a mutually satisfactory agreement.”

          The deadline for negotiation of etymologically, was born in the late sixth century BC, in ancient Rome, the time when the city plebeians, rich people, but not free citizens and nobles, had to deal with private businesses. ,,Negotium is an activity that can bring a certain satisfaction not just the practitioner, ensuring the acquisition of goods, but also a delight for the acquired assets were earned through an activity that did not involve a special effort: only communication verbal, sometimes written with others.”

1.1.2 CHARACTERISTICS OF NEGOTIATION PROCESS

A more concrete negotiation process must take into account the following:

Negotiation is a social phenomenon which involves communication between people. This is the main feature underlying the negotiation process. This communication contributes to achieving negotiations taking into account the social context in which it is conducted.

The negotiation must be conducted in an organized manner, avoid confrontation and competition continues to be an observing certain procedures and techniques negotiation process.

The negotiation process result is meant to satisfy the interests of the parties. The objective of the negotiation process involves an agreement wanted, a goal achieved but not necessarily a victory. Negotiating partners must conclude negotiations with the belief that strove to achieve the goal even if it failed. Successful negotiation is when both sides reach their goals. This requires participants to know their opponents well. Most often both sides of the negotiation start from the premise that the differences between them are common goals. In such cases the process can become a failure and will not have positive results, at least not long term. A negotiating weakness never builds any of the partners.

Competitive Negotiation is a process by which the partners aim to satisfy mutual interests and others contradictory. Sometimes major efforts are needed to avoid a confrontation and victorious conclusion of negotiations leading to a final solution beneficial to both parties.

1.1.3 FORMED AND TYPOLOGY OF NEGOTIATION

 Given the wide range of determinants of negotiation, negotiation typology is also varied. Most important factors are:

Social-economic area comprising the negotiation process,

Objectives envisaged in the negotiation process,

Aim in the negotiations,

Level down menus negotiation,

Number of participants,

The conduct or deployment phase of the negotiations.

         Negotiation is a process that can take place in several areas including the economic one. Negotiations in the economy are the most important and most numerous, usually of a commercial nature undertaken at national and international level. Such negotiations are reflected in the agreements, conventions or international agreements. They aim to: price, payment method, quantity and quality of goods, delivery terms and conditions.

Depending upon the need or purpose, negotiations aimed at concluding a transaction or adoption, updating or modification of transactions already concluded or whether the prolongation of the period was completed.

         Depending on the level at which it is performed, can be government or nongovernmental negotiations. Usually the government aims agreements, conventions or other economic or political understanding, aimed at creating the non-state negotiations aimed concluding commercial contracts. Depending on the number of participants, negotiations can be: bilateral and multilateral agreements and by human behaviour or interests pursued are: personal and collective. There are also several types of negotiations that we will present in the following table:

Table nr.1 Classification of negotiation

Source: Camelia Enache, Gergely Lorand, Alexandru Petrescu, Rogojanu Catalin, Openings postmodern political science, Volume 2, Lumen Publishing House, Iasi, Romania, 2009, pages 41-43

1.1.4 THE IMPORTANCE OF NEGOTIATION PROCESS

The evolution of lifestyles political, social and contemporary economic and international trade have led to intensified concerns to ensure, through dialogue and cooperation, a framework as appropriate to conduct negotiation processes based on correct principles, equitable relations between states and those of the companies.

          The evolution and importance of negotiations is due to economic factors and social policies:

Negotiations are due to efforts to give answers to the complex problems generated by objective necessity evolutions collaboration between companies and between countries;

International diversification of labour, increasing the number of business partners located in different geographical areas;

Opportunity to select from a large number of concrete techniques contracting and conducting commercial transactions;

Increasing competition in conditions where supply exceeds demand for commodities;

Differences and limitations on resource endowment countries worldwide, access to scarce resources is only possible through a mutually beneficial collaboration, obtained after negotiation.

          Trading partners, negotiations focus on establishing contract prices based on world prices, imposed by operation of law worldwide value.

          World price is a benchmark reference in the negotiating processes, and neither partner cannot determine from their own production costs or technical requirements and quality, but given the factors acting in the market.

1.2 COMMUNICATION AND FORMS OF INTERNATIONAL NEGOTIATION PROCESS

1.2.1 COMMUNICATION IN THE INTERNATIONAL NEGOTIATIONS

  In the communication process of negotiating international trade negotiator adopt certain ways to deliver the message in order to most effectively apply strategies and tactics adopted by its negotiating team.

  International companies seek to collaborate and communicate as much with their subsidiaries in other countries. The needs for efficient international communication strategies apply common production and marketing management. International communication takes into account cultural differences between nations. In international affairs, gives participants a special interest in national behavioural aspects related to material goods, use of the time available, in company behaviour and attitude towards the language spoken in those countries.

          Behaviour in society on foreign partners should aim to avoid transmission of nonverbal messages that might be insulting to partner. Special attention should be given verbal conversation during the negotiation, without relevance to the subject of negotiation, and the effects they have positive or negative responses of representatives of different cultures. For example Europeans are fascinated by cultural or historical knowledge of their country and in Asia a direct negative response is considered a lack of politeness. For them „May„ is equivalent to „no.”

          Although English is the language used in business environments, knowledge of other languages ​​is an advantage that shows sophistication, reliability, recognition that the speaker is able to learn several foreign languages, aspect that will help to obtain respect partners business, especially when negotiations are conducted in their mother tongue.

1.2.2 ORAL COMMUNICATION

An action in relation to another person focuses on messages expressed orally. Oral communication is different from written that offers several means of expression of information before the party. There are areas where oral communication is the only way to convey information. Oral communication provides the opportunity to rectify message when negotiating partners, not understood, or emphasize certain messages, to clarify certain ideas and express attitudes.

„Oral communication possibilities allow easier negotiation on work style and build a consensus in the negotiation process.” In a multicultural approach, an oral presentation can be accomplished differently. Americans, for example, prefer natural presentations, and representatives of other cultures deem lacking professionalism. For better reception of the message, the speaker must speak simply and clearly focusing on the ideas he wants to convey to partners not bored. It is considered a courteous speaker trying to use a few words in its partners showing interest in the cultures of its partners.

Before a negotiation is necessary to make a presentation of their company. This is because the negotiator and the company he represents to benefit from the credibility of those to whom it is addressed. It is essential to speak about the longevity of the company in its field giving evidence on market efficiency.

1.2.3 WRITTEN COMMUNICATION

Written communication is uncomfortable and offers less freedom than verbal. This involves a personal style and calls for creativity and imagination. Among the means of communication via text messages to remind:

supply and demand;

letters and contracts;

letters and communications to those outside the institution

reports;

Rules of organization and functioning internal or external.

Written communication is used in the preliminary stages of negotiations between the companies that come into contact for the first time. Then diminishes the importance of written communication.

Cultural specificity makes its mark on the effectiveness of written communication. If a culture is given special attention to politeness, internal communications must be polite.

For a written communication to be properly understood and accepted its author should avoid jargon and argon to confusion arise in the process of negotiations with foreign partners. All partners, clarity and precision for efficiency claim negotiations.

In such cases it needs a translator authorized to supervise written communications between partners. Correspondence language partner should not be considered an insult, but a goodwill and respect, as in oral communication.

Unfortunately, hiring a translator involves some costs, but positive results will be significant: a precise correlation with perceived high degree of linguistic accuracy right business partners. Thus the results registered will be guaranteed.

1.2.4 EXTRAVERBAL COMMUNICATION

 Communication between people is conducted through words and exchanged glances, gestures, facial expressions, body positions etc. During the dialogue, word and gesture form a common body. The communication path is of several types: optical-visual, acoustic-auditory, kinetic-play etc. Verbal communication can support, complement, refute or replace a message expressed verbally.

         Forms-verbal communication refers to:

accent (enunciation with increased intensity of messages);

intonation (variation of the height of voice);

breaks are the methods for the separation of speech in groups of words that can give indications on the basis of their length and the emotional state of the speaker;

involves alternating rhythm accented syllables and unstressed;

is the way that mimics facial expression changes in order to indicate how the speaker's participation in the communication that it does;

Physiognomy that transmit the person's emotional states. Simplifying model of the human face and reducing it to three components (eyebrows, eyes, mouth) can illustrate the way they transmit this information;

Gesture is made of complex movements of the hands, arms and body.

Body languages convey information easier and faster than verbal language. It conveys the message by exchanging glances, gestures, facial expressions, posture, etc.

The power and effectiveness of non-verbal message is the fact that it remains independent audience and allows the transmission of important messages, while the partners discussing and writing neutrally or displays. For example, without interrupting partner, we can manifest discontent polite facial expression and horizontal shaking of the head, or on the contrary, we encourage you to continue the conversation with a smile or a sign approved by banging his head upright.

         Non-verbal communication is behavioural characteristics such as:

non-verbal behaviour has communicative value;

Non-verbal behaviour is ambiguous.

Communication non-verbal express attitudes and feelings more easily than concepts and ideas.

Non-verbal behaviours linking languages ​​and cultures, meaning that often have the same meanings almost anywhere. The expression of happiness, sadness, satisfaction, anger, agreement, disagreement, etc., crosses cultures and languages ​​of the world.

Non-verbal behaviour carries a strong cultural and social footprint.

Eye gaze is significant posts and linked to the dilation and contraction of the pupil, the intensity and duration of eye contact with the speaker, changes the direction of gaze. Interest partner is very tied to how to look. If the person or what it says it does not concern us, moving look elsewhere. Movement eyelids and eyebrows can say a lot of things. ,,The eyes are the windows to the soul” and if you talk to someone you fancy, you look into his eyes until the end of the discussion. If we do not care, avoid his gaze.

Physiognomy and facial expression is „the art of reading human character after physical appearance.” Mood and level of agreement or disagreement are much easier to assess on account of facial expression. The facial expression can easily be kept under control and provide continuous information on the partner's reaction: surprise, satisfaction, disbelief, anger, disapproval etc.

         Facial muscle movements lead to changes in the physiognomy which expresses involuntary feelings, ideas and inner turmoil of great depth. The most important functions of physiognomy – in oral communication – are:

regulate verbal communication;

disclose meaningful messages contrary to the claims made;

Physiognomy can mask or simulate emotions or attitudes;

Provides certainty and trust the information they contain die for the message expressed by the speaker.

      Posture: Line body transmit messages of obedience, humility, pride and dominance. Head down, let your shoulders, spine curved obedience and betrays weakness. Head up, back slightly left, emphasizes the freedom, ease and good self-image. Other non-verbal indicators are:

position where we sit in front of your partner;

physical contact;

head movements;

hostile manifestations;

covering your mouth;

support verbal gesturing during speech;

hands and fingers;

hand power;

handshakes;

barrier leg.

The language of time (time language): Time is a critical indicator of feelings, attitudes and opinions of communication and life partners. Time does not have the same meaning for everyone. If an appointment at 8 and switch back to 9 o'clock, already communicate your attitude of indifference, even contempt meeting, partner and time. If late it is worse. If we look at the clock during the meeting strongly we prove that we want to get rid of a partner.

Physical characteristics: a source of accurate information about a person's personality. Features on height, weight, etc., are suggestive. It is already known that some of the current SII have had considerable effects in human relationships.

Environment: Designed around the organization is to contribute to the achievement and completion of communication in the negotiation process, discussions and business.

Verbal tics: are gestures that accompany verbal messages. Here we add a intonation instrumental in achieving communication. Expression should be as natural although some cultures do not like this style for that reason should be considered negotiating partners.

Accessories attire: The way we improve attire is also a way to communicate with others. Clothes, jewellery, and objects that we are accessorized attire are accessories. They provide various information about our personality. The absence or presence exaggerated partners creates negative impressions. For this reason they must be used carefully.

Distance or familiar attitude: is a communication path through which a person proves that he knows how to adapt ate certain communication situations; imposing a barrier to others, it is a means to highlight the attitude towards the partner. Shaking hands is a way to eliminate the barriers imposed by the novelty of a situation.

1.3 NEGOTIATING STYLES

 In practice international negotiations every negotiator must form personal style approach to strategies and tactics. The attempt to mimic the style of another generates failure. Each negotiator will adopt the style imposed collective traditions and customs in their country. Differences in national cultures, traditions, mentality, customs, require some behavioural style. Thus, the main negotiating styles are encountered in international affairs:

European style. It varies depending on geographic location, economic level and culture of each country. One distinguishes:

German style that is exactly clear, firm and very rigorous. German negotiator will never compromise with radical and not exaggerate claims.

French style is elegant, classic and very cultured. French negotiator opts to travel for international affairs three phases: preliminary negotiation, negotiation principles and decision-making phase and concluding the transaction.

English style is characterized by flexibility and by an apparent understanding. Very well trained in negotiation Englishman seems naive amateur. Paradoxically, he agrees with everything and anything. It is punctual and polite even exaggerated protocol.

Italian style exudes a lot of joy, friendship, warmth, explosive, however was overshadowed by inclination towards bribery. If the Italians begin negotiations with lengthy introductions and greetings ceremony. As Turks love to bargain even when they are convinced that they made a good deal. Italians appreciate well designed protocol.

Northern European style is a cool style, reticent, cautious and quiet. Northerners speak little but are very consistent in expression. They can easily be conquered in the early stages but in the end are eternally dissatisfied.

American way resembles English style but style dominates American literature. US negotiator is natural. Americans attach particular importance to the organization and punctuality. They highlight some head-subordinate relationship equality.

Asian style. Asians have some suspicion and distrust toward the west. Chinaman is honest and modest in appearance and is well-trained, specialized to the maximum because very fond of his reputation. Negotiations with them are difficult, but to be honest completion. Negotiations involving the Japanese experience and patience. They are imprecise and obscure statements. The Japanese are tough and have a well-defined and logical arguments they bring are concrete. Great care protocols. Japanese negotiator never says a „no” firmly, but leaves room for interpretation.

Arabic style requires a welcoming atmosphere. „It is a style of desert”, where time matters least. Arab negotiating style is messy and confusing, illogical. Although negotiations are conducted amicably Arabs sometimes resort to harsh statements, delays and interruptions to talk to a third party.

Chapter.II PREPARATION AND CONDUCT IN INTERNATIONAL TRADE NEGOTIATIONS PROCESS

2.1 SETTLEMENT AND INTERNATIONAL NEGOTIATION

2.1.1 SETTELMANT IMPACT ON THE NEGOTIATION PROCESS

Negotiated settlement process is a tool in the negotiation process meant to support the smooth running of the process and generate positive outcomes for the parties to the negotiation process. Negotiation Commission manages its responsibilities in the process. Settlement is a vital term in the negotiation process. Contribute to the smooth functioning of the negotiation process and generates satisfactory results for all parties to the negotiation process. Negotiations processes are settled out of court. Not contribute to solving bargaining law, which determines the settlement amount. The settlements are negotiated in the shadow of the law, the law is not involved. Amicable settlement are made in the negotiation process but sometimes there are negotiations to resolve a situation where intervene and relevant legal norms.

Commission's policy of negotiating is to use the negotiated settlement process judiciously in order to save time and generate beneficial results for all parties to the negotiation process. Negotiation Commission undertakes to provide transparency in its decision-making process. It is important that this procedure be put in place often in the process of negotiation. To help improve the efficiency of a negotiation process, settlement site can be added to the process thus paying the note open, flexible and informal.

Negotiated settlements can provide significant benefits for the negotiating process but it requires the presence and active participation of members of the negotiating committee. If the participants in the negotiation process are not satisfied with a lawsuit settlement negotiated they have the right and freedom to choose not to participate in that situation and to use negotiation process traditionally to complete negotiations and to resolve their concerns. The flexible nature of the regulatory process negotiated enables them to adapt to problems as they arise during the negotiation process.

A negotiated settlement process may not always be an appropriate solution or for a successful negotiation. The first question to be considered by potential participants is „What issues can be subject to negotiated settlement process?”

Professor Korobkin made a presentation that shows the results of a new experiment bargaining that attempts to identify factors that can be assessed prior to negotiations, which determines who wins and who loses this fight. The specific context of this experiment conducted by Professor Korobkin settlement is negotiated but generated insights are applicable to any negotiations of two parts: one that shows significant and one that addresses the division.

Raiffa Howard, author of „The Art and Science of Negotiation: How to resolve conflicts and get the best negotiation” proposed a new idea. She believes that people should continue after settlement negotiation process and after reaching an agreement. Could lead to new issues to be solved or simply can request a negotiating another product. For example, if it has signed a distribution agreement on a cosmetics fragrance range, can determine whether the perfume can be integrated into a "gift package" together with other cosmetics in the same range. A men's fragrance can be integrated in a package with products for skin irritation after shaving or maintenance can discuss a future negotiation on a product in the same range.

Raiffa has proposed that negotiators consider post-settlement settlements that can give added value and business negotiation. An agreement signed will become the ace in the sleeve; s negotiators would entertain review if future discussions will be to the advantage of all parties. The Agreement was signed and people should be more open to telling their priorities.

Post-settlement settlements should be beneficial for negotiation and work in any situation, but they are hardly used. Each party would move to increase its benefits. In any agreement reached is room for improvement for both parties.

2.1.2 WHEN SHOULD BE NEGOTIATED SETTLEMENT PROCEDURE USED

To determine exactly what is the right time to use the negotiated settlement process should take into account and be evaluated in light of certain factors. These are:

There will be customers or other groups that are likely to be affected by the agreement to be participants in the negotiating sessions. In that time it will be necessary to take a decision on the importance of any settlement agreement.

It will cause problems on some aspect of a product's negotiating committee has not set anything in advance. We refer to various issues and addressed not only through negotiation.

When there is a set of problems that has been the subject of public hearings in – a reasonable and need to be solved. This consideration derives from the need to maintain a public register properly and avoid systematic lack of representation by any type of client or group affected.

2.2 PROCEDURES USED FOR SETTLEMENT NEGOTIATIONS PROCESS

2.2.1 INITIATION PROCESS OF SETTLEMENT NEGOTIATIONS

The decision to initiate the process of negotiated settlement will be taken by the Commission negotiated and confirmed by order, after examining the application, the applicant's preference and likely interests of affected parties.

Participation in negotiations is voluntary. While it is preferable unanimous support before attempting a settlement process, there may be situations in which a general agreement is necessary settlement not specific enough.

As mentioned decision of integrating such a process belongs to the negotiating committee but any member of the Commission may withdraw the request.

2.2.2 RIGHT TO PARTICIPATE IN THE SETTLEMENT OF NEGOTIATION

The right to participate in settlements is recognized by the Commission for negotiation. This does not preclude or prohibit participation, if such party has no interest in the topic reasonable settlement discussions. It may also be the case that, in certain circumstances, too many stakeholders could effectively preclude a settlement process. When this happens, either a settlement will not be tried, demand will be divided into sub-problems, to reduce the number of participants in any discussion, or participants representing similar problems can be encouraged to work together. Interested parties cannot be forced to participate in a process of settlement. The decision not to participate will not cancel a party’s right to submit comments to the Commission consider a settlement agreement arising. Note correct is important to ensure that all parties have the opportunity to participate in settlement discussions. Notification requirements will be the same as for a public hearing before the Commission. Sufficient information will be available for interventions made so that problems can be evaluated and negotiated settlement process can begin. In most cases, this will mean the filing of requests for information and responses to those requests. Awards may be granted even if a settlement cannot be reached, but will be granted under the same conditions, where appropriate, as costs awarded following a public hearing in full.

STAGES OF NEGOTIATIONS SETTELMENT PROCESS

Before you start settlement talks, the negotiation Commission will establish various pre-settlement processes, including workshops and meetings issues. The purpose of the workshops is to help all parties understand some specific issues or concepts in policies – an application through presentations and informal discussions. Once the pre-settlement are established, a division of the Commission to negotiate will be designated for this activity. Negotiated settlement process may include technical workshops and pre-hearing conference, but will typically include the following steps:

At the beginning of the negotiated settlement process, stakeholders and Commission staff meetings will take place where participants will be invited to normally identify issues to be addressed through negotiations.

The Commission will identify those aspects of particular interest to her, and this information will be sent to participants in the negotiations.

Negotiated settlement schedule and the scope of information requests and responses from the utility panel will be specified by the Commission before the start of actual negotiations.

During the negotiation sessions, participants will present their positions on each issue to be resolved.

Participants will search for a consensus solution to every problem existing. Any proposed settlement agreement will enable diverging participants to pursue their position directly with the Commission's negotiating panel. It is the responsibility of negotiation participants to ensure that the proposed settlement agreement contains sufficient evidence to support the proposal. In particular, the provisions of the proposed settlement agreement, which covers the issues identified by the Commission panel, or any other issues that may affect the public or non-participating parties, must be supported by explicit reasoning.

The proposed Settlement will be sent to participants after the written agreement between the participants will then be distributed to all other interested parties and the Commission negotiated. Normally a staff member who was absent from the settlement procedure will review the proposed settlement agreement before the deliberations of the Committee. This function is designed to provide support on the impact of the proposed settlement agreement of all parties, whether or not they were present at the negotiations.

Any party who disagrees with the settlement will be understood and will provide written reasons to the Commission panel. All responses will be forwarded to the Commission for its examination panel

2.2.4 SETTELMENT EFFECT WITHIN THE NEGOTIATION PROCESS

Benefits negotiated settlement process will be achieved only if the participants are bound to the terms of the agreement but there are situations in which the proposed settlement agreement may require some changes:

The panel of the Commission will accept or reject the whole package settlement but if the panel shall decide to suggest amendments settlement will give full opportunity to address any proposed change, including sufficient time to comment on the impact of any changes the validity of the settlement as a whole;

One or more participants may become aware of important new information that was not reasonably available to them at the time of the settlement discussions and has a significant influence on underlying assumptions settlement was reached;

All participants have the right and ability to decide to abandon the proposed settlement agreement pending an amendment acceptable. Changes will not be made once the Commission panel has reviewed and accepted the terms of a settlement.

2.3 STRUCTURE OF INTERNATIONAL NEGOTIATIONS

In a largely successful negotiations lies in their preparation rigorous in ensuring a favourable working climate. To achieve the desired results, of great importance are: the choice of venue, setting the agenda, creating conditions for the receipt and submission.

          Thorough preparation is all the more necessary negotiations in time in which we are both complex in economically and socially.

          A special attention should be given to several key factors such as thorough market study, partner negotiation, competition, choice of techniques and judicious negotiation programs. During the preparation of negotiations must take into account permanent clarity of their purpose, goals and purpose.

          To be sure that the expected results will be obtained before the negotiations begin should be conducted of intense research, information gathering, and analysis, preparation of documents, projects and concrete proposals. You also need to take place explorations and surveys, discussions with interested individuals and groups, to make information and communication collateral, pay attention to the signals received in connection with the negotiation.

          Follow what specialists call logistics negotiations, which comprises a set of technical and organizational elements, with emphasis on the following:

formation and appointment of the head of the negotiating team;

fixing the place and date of negotiations, ensuring the conditions for transport, meals and accommodation;

the timing of commencement of negotiation, taking care that the participants are resting, you are creating, thus, necessary conditions for a proper conduct of the negotiation process;

the settlement of travel formalities, ie getting, if any, passports and necessary visas, currency, transport records, choosing and preparing gifts etc .;

inviting partner negotiation and establishment, in agreement with it, the social program (Leisure), solving requirements of the negotiating partners.

Careful study of the literature

2.4 STRATEGIES, TECHNIQUES, AND NEGOTIATING TACTICS

2.4.1 NEGOTIATION TEHNIQUES

Negotiation techniques represent processes, methods used by negotiators in addressing negotiating process. Unlike strategy that gives a certain vision of the situation and process engineering, acting approaches and behaviours to guide the parties, refers to techniques work procedures in conducting interaction. Also, unlike strategy, they have a more precise contextual character, method of solving a particular task.

          Regarding the demarcation line between strategy, technique and tactics, it is quite blurry, appreciation and could do more immediately depending on the role and nature of the intervention stability. Basically the strategy is a more stable, negotiating technique is a form of procedural strategy and tactics is less stable, being used in a certain time depending on the situation. Therefore, if an intervention is targeting strategic development of the whole negotiation and a tactical aims only if solving a moment situations.

Of negotiation techniques, we can mention the following:

Technical limited mandate, it aimed to stimulate cooperation partner as a result of the position taken.

Engineering „short-circuitries” consists in avoiding a difficult partner.

Engineering deviation of attention, characterized by creating confusion by changing the subject and delaying decision making.

Negotiation sterile technique, targeting the request of concessions impossible to obtain, by invoking the force majeure cause, the administrative regulations.

Negotiation spiral technique. Assume resume negotiations at a higher level.

Engineering „hostage” by which products are offered without spare parts, specialized assistance, service etc. For they are negotiated later, regardless of the price originally set.

Technical partner by choosing an unsuitable place for negotiation (halls crowded, noisy, inappropriate use of furniture), prolonged negotiating session, and uncomfortable accommodation conditions etc.

Technical ultimatum, which consists in advancing proposals whose acceptance, is subject to further negotiation.

          There are other less common technique called „breeder”:

Globalization – negotiators agree on an "envelope" containing a plurality of points held in negotiation and will only negotiate the value of the envelope and its distribution. Replace such a series of partial utilities through a global utility, trying to find a common denominator apt to evaluate the net result of negotiation.

Pins false technique – the introduction of exaggerated claims be withdrawn before the refusal partner in exchange for benefits that were actually true objectives of the negotiator.

Technique „balance” – negotiator compares the advantages and disadvantages and those of his partner. This "balance" is presented net of the benefits partner so that the situation seems more advantageous than the initiator.

Technique „four steps” – consists of a hierarchy of solutions according to their own interest and the chances of acceptability of the partner.

          Towards a strategy on some techniques are better suited than others. The negotiator must take account of this logic, but it is also true that technique is immutable and that it can be abandoned during negotiations and may even be combined with other techniques (eg a complete package by stretching).

          Obviously, negotiation techniques can be used both to support constructive strategies to hasten, to finalize, to amplify the benefits, as well as for destructive purposes, for termination of negotiations to gain unilateral advantages exaggerate etc.

          Negotiating technique will always be less stable than a strategy, but it has a much higher degree of stability than a tactic which is essentially punctual.

2.4.3 NEGOTIATION STRATEGIES

The totality of the objectives pursued in the negotiation process, the possible ways and modalities to achieve these objectives and the resources available for their negotiation strategy forms. Negotiation strategies include all decisions to be taken to achieve the objectives pursued and that take into account both external factors as well as internal factors. Considering the way they are launched and accepted offers, there are two categories of strategies , namely:

Quick decision strategies or emergency contracting the goods when the wait would not bode well;

Strategies calling apply when contractual conditions can be improved through negotiations and through the passage of time.

Choosing one or the other of the strategy depends on the partners market position (this can be balanced domination, dependency, insecurity), the nature of the goods, the cyclical moments, the degree of dissolution or supply pressure of necessity.

The position requires a balanced market that operates in a relatively balanced way meant firms, in terms of open competition.

           Market dominance by an exporting firm is characterized by the large share that it holds in the relevant market. In this situation the exporter will adopt the strategy showing rapid decision offers at prices ultimatum pressuring the importer to hasten his decision.

Market dominance by the importer allows it to practical strategy calling for selecting the most advantageous offer. Exporter in situation of dependence will take measures to diversify sales outlets, most often he is forced to adopt the strategy of quick decision.

An unsafe situation occurs generally insufficiently experienced exporters and importers, as well as in cases of major disturbances conjunctures determinate cases of force majeure or acts of God.

After the aims pursued, negotiation strategies can be grouped into:

strategies aimed at granting or obtaining concessions;

strategy of „win-win” (win-win);

strategy "win-lose";

strategy lose-lose

What strategy does not target an agreement;

Strategy shareholders to conclude the agreement;

moment of action strategy;

Where and how the action strategy.

Strategies aimed at granting or obtaining concessions include:

strategy without concessions

strategy without further concessions

granting concessions only strategy for overcoming deadlock in negotiation

strategy to make the first concession

Strategy is the toughest without concessions applicable strategy in international trade negotiations, showing a high degree of uncertainty because concessions are expected elements in the negotiations. Applying this strategy negotiation turn into a one-sided process, leading to the imposition of an agreement on terms dictated by the initiator of this strategy. Such a strategy can be applied when negotiating parties have unequal powers, when negotiating the amount of money involved or when too little time is too short to achieve a laborious negotiation etc. Unforeseen effects may occur as a result of applying this strategy, such as the interruption of the negotiation partners, or form an opinion wrong negotiating partners, who may consider strategy without concessions as an attempt to bluff. Such a strategy can be controlled through various measures like invoking the lack of capacity of decision making appeals to a higher authority, or by ignoring the strategy and the further negotiation as concessions would still be possible, relying on an inconsistency in implementation.

Strategy without further concessions differs from that previously presented by its implementation time. From this point of view, the first is used at the beginning of the negotiation, while the one in question is introduced after several concessions were granted. It is used when parties agreed on an agreement and, as a result of the negotiation; the party believes that an application can achieve that without the grant agreement and other concessions.

Granting concessions strategy for overcoming impasses is only applied by the leading negotiation talks so as to arrive at an impasse, at which, by granting concessions to achieve previously established terms originally proposed. If your partner realizes this might be a tense situation, with the risk of not reaching any agreement.

Strategy to make the first concession is used to achieve a pleasant climate negotiation to reduce high existing disarmament adverse party, or to ensure future movement in the negotiation, which granted the concession awaiting further compensation. The strategy is applicable in the initial stage of negotiations, or passageway for discussion of a new chapter.

          The strategy win – win approach involves negotiating positions roughly equal, both parties seeking the best solution to satisfy in the best condition their expectations. It can be applied when the parties agree to work together to identify problems that impede the achievement of the agreement, the perceived possibility of existing solutions „win – win” partners being aware that problems cannot be solved only through concessions. Generally we start from the premise that this strategy can benefit both parties. And smooth application of this strategy can be hampered however by refusing to respond favourably proposals partner.

           Strategy „win-lose” all consequences come at the expense of parties, but will be ultimately benefits the other party. Thus, the ratio of forces operation becomes the main instrument for him to give up your opponent. It creates a climate of conflict, mistrust, in which interests are polar opposites and everything that strengthens one hand, the other weakens. All concessions are considered an expression of weakness.

The strategy is not aimed at reaching an agreement is used mainly when it wants to postpone the decision in order to create an advantage when pursuing collection of additional information, or when it seeks to influence the belief of a third party that relates to participants negotiation. It can answer such a strategy by interrupting the negotiations, or by adopting a similar strategy.

Strategy shareholders to conclude the agreement complements the implementation of other strategies that led negotiation in a certain point where it is preferable to get a firm agreement on the terms agreed instead to continue negotiating and to risk losing Agreement.

Time action strategy aims to determine when it will implement a new element of negotiation.

It comprises a set of helpful strategies, including:

faith accomplishment strategy, which consists in trying to achieve the target without the other party to be placed in the theme;

Strategy limit. It aims at imposing limits on the negotiation process: communication limits set on team members on what can be discussed and with whom; boundaries of time and place limits etc. This strategy produces a great pressure, and they can only counteract the non-acceptance regardless of imminent risks, including the interruption of the negotiation;

Strategy overthrows position. Involves carrying out activities inconsistent with the objectives of known or suspected by the partner;

Strategy withdrawal applies only in the final phase of negotiations, following growth advantage created until then, and based on the idea that your partner is particularly interested in the business end. Basically negotiator announces its withdrawal from the negotiating table team indefinitely, but risking loss of business. Most times, however, gives partner starting to make some concessions;

Simulacrum strategy relies on naivety or poor information to the partner. It consisted of partner distraction from the real target, achieving a shift apparent discussion in another direction.

          Strategy mode and site of action take various forms.

Thus, in this category we can find:

association strategy – consist of conditioning the sale or purchase of goods, other products or services, or the combination of a product, service or project some influential political, artistic, economic, etc. The project benefits from a positive image of them;

unbundling strategy, which was to discredit the products or services by establishing links with unpopular people, or events that have a negative impact on consumers in general;

Strategy hazard. It involves using the laws of probability to counteract the tactics used by the partner's bluff;

Strategy intersection. Negotiation involves placing several items so that in the end to be able to offer concessions in connection with an issue of utmost importance;

Strategy cover a wide range of issues, which consisted in covering a greater sphere of problems so that the gains to be larger and to cover as many points of negotiation. It is a strategy those reluctant to risk that acts never found;

Participation strategy. Consists in attracting other parties in negotiation to facilitate the agreement, both sides or trying to participate in solving problems that arise during the negotiation;

Salami strategy. Follow obtain a greater concessions by summing smaller concessions;

strategy to establish a range that is divided more and more until it reaches the required level;

Levels change strategy, which involves switching from a higher level to a lower one by redefining problems by changing people at different decision-making levels.

It is preferable to obtain the best results, to achieve a more programming alternative strategies, in terms of the initial strategies do not perform as expected, be a viable alternative to negotiation. Thus, sequential shifts strategies, changes occurring during negotiations due to ongoing revaluation process itself can be put into practice a set of strategies prepared beforehand.

2.4.3 NEGOTIATION TACTICS

The strategy to achieve the objective which contains the means by temporary measures to achieve a particular result is negotiating tactics.

The components of tactics are specific circumstances in which the negotiation intended purpose and techniques. Tactics are not fixed, immovable, they are the flexible, dynamic exhibition talks, modifying and being constantly adapted to new situations that arise during the various stages of negotiation, responding to the needs of the moment. As negotiation tactics, we can mention:

tactic of imposing preconditions, concessions which are non-negotiable prerequisite for further negotiation. Preconditions are set unilaterally and can be procedural, substance or mixed. Tactic is used when pursuing cooperation and foundation of a long-term relationship;

tactic perform or avoid performing first offer – practicing international trade negotiations teaches that in general it is not advisable to make the first offer in negotiations. If however this is required, then we should avoid offers very high or very low, which could be interpreted by the partner as an attempt to bluff;

tactics request responses from the partner firm bids or positions expressed. This tactic involves recap after each phase of the negotiation of the results obtained in order to express the position of partner;

reciprocity tactic request that the request of some concessions in exchange for other concessions. To have a positive exchange of concessions must be, if possible, equivalent;

Deals false tactics require the submission by the buyer, seller, and price offers an appealing because then, after eliminating competition, he was back on the default price level considered too high and modify it. This tactic can be countered by requesting a non-refundable advance or by treatment with many partners in parallel.

tactical proposals „win – win” requires creativity to find ways to win either mutually or concessions with a low cost or no cost;

Tactical proposals test. This tactic requires sudden change to a new type of engagement or terms very different from those previously proposed, in order to study the reaction adverse party;

Debate tactics. It consists of an exchange of views in order to persuade the partner to accept a certain position or to quit using a certain strategy or tactics that applied it until that moment;

tactics performing conditional proposals, the effects dependent on one or more items to be addressed further; It is used when it is considered that the opponents could have very large claims in connection with some previous articles, so as to have the option of negotiating items which have already reached an agreement, or when the packet is done deals;

bluff tactics of consists in making a counter-offer or considered non-negotiable, in reality they are marketable. Another form of this tactic is the "threats" to cause adverse consequences if the partner who refuses to accept the terms of the agreement;

tactics "and focus down plan" was to identify the real needs of the opposing party and misleading with regard to their actual needs and objectives;

tactic of imposing time limits, consists in fixing a date or period at the end of which the partner has to come with an offer, counteroffer, or to conclude an agreement;

counter question is the tactic used when you want to change direction argumentation. It allows to keep the initiative and putting defensive partner in a position to again give explanations.

tactic „good guy – bad guy” assumes the role of chief negotiator to be played at a time, two members of the negotiating team. Initially, the team led by first coordinator – „bad boy” – treats the main points on the agenda in a fairly aggressive manner, thus seeming unapproachable. After some time out of the stage and in its place appears the second negotiator, full of kindness and good humor. This play opponents hope that all is not lost after the claims paying attention to others, "good boy" adopts the text of the difficulties his company, which previously represented the "bad guy". Is ready to give opponents something less than they expected, but less than hoped after fierce discussions "bad guy". The result is that both parties will be satisfied.

tactical differentiation between the sexes. From country to country there are differences on how to representation by gender roles. In some countries, women's participation in negotiations is a normal thing; in others, its business is exclusively for men. Tactic is used successfully if the bidders coming from a company business men come into contact with a female counterpart because the weakness of their position will become twice as evidence. Or resorting to negotiators women ,, moderation "project opponent – aggressive man which, moreover, does not perceive women as a threat.

tactic is used to request an interruption regrouping for changing the conduct of negotiations or tune it, or you want to reconsider granting of necessary partner of his position;

personal attacks it is an unfair tactic rarely applied due to aggression and its consequences, because in most cases people attacked personally do not owe, trying to pick up the tab. Because personality tactics destroy the opponent, is used when the gain is important, when the negotiator is infirm or when the opposing team is disunited. When you apply this tactic must be protested as vehemently and at the highest level. Usually abusing a person only to the extent that it is willing to endure such treatment.

tracas and bugging opponent is recommended to use as little as possible and only if the partner proves distasteful, difficult and protracted discussions opt for and brought to the negotiating table. Bugging opponent thus aims Weakened physical and mental thereof, to make him divulge many commercial intimacies that he owns.

Silence is one of the tactics tactic of nonverbal communication of great importance for the commercial negotiation. Silence is felt generally as an embarrassing situation that prompts people to talk at all costs too much. Patience to wait partner's reactions to the statements, proposals and offers its inhibition of speaking is essential for successful negotiation. The golden rule of negotiation is not to ever take the floor when you keep silent.

          Strategies and tactics used in negotiations may obviously directed either towards a better development of the negotiation process, for the benefit of partners, either by reaping the benefits just by one party by taking advantage of moments that may affect the ability discussion supportive partner interests. These situations make it difficult to negotiate one of the parties may be due either to an unfavourable circumstances independent of the will of the parties or may result from the dialogue partner.

          From this point of view, of particular importance have illegal tactics used by governments or companies, with the view of obtaining illegal information on negotiating partners, intimidation, forcing them or buying.

Unpleasant situations can be identified even if prestigious companies. Many businesses have perfectly legitimate or illicit components started from such a basis.

Practicing illegal practices of negotiation, although it is completely undesirable in the current environment, especially in developing countries, it is a reality and corruption, regardless of the level that manifests itself represents a real obstacle in the way of developing business relationships normal capacity and market strength based on consistent and fair negotiations.

Such practices are illegal:

Supervision. It may take the most diverse forms, from wiretaps, and reaching up to implantation microphones in room hotel or offices. Sometimes it is not just the use of surveillance in order to collect information; thus, in some cases, from resorting to surveillance makes minimal effort to conceal manoeuvres surveillance, hoping to create psychological pressure on the opposing party, pressure that could lead to obtaining further concessions or could change the ratio of forces in negotiation, by becoming the force.

forcible detention can occur when negotiating with a government, or a company that has strong political relations. Thus, this practice is used when negotiating does not follow as planned or taken off the negotiating room. In some cases, when the transaction did not come to be completed, negotiators are foreigners detained during subsequent visits in order to solve business first. It is a practice of totalitarian governments in general. For example, in negotiating such cases were referred to the relations with Chinese partners.

blackmail – the objective of such an act is blackmailing the victim, for it to influence the outcome of the negotiation. Tactics can be used only against the opposing party's chief negotiator, but usually is directed against a member of the less experienced opponent. Desired influence may involve obtaining information from confidential internal nature, or clear demand concessions. Bringing the victim in the situation of blackmail can be used prostitutes, drugs, drink bottles or money slipped into the victim's possession or information obtained as a result of surveillance mentioned above.

Deception – in most cases this tactic takes the form of inflated income statements, balance sheets forged, market studies optimistic nonexistent credit lines, letters of recommendation fictitious or unrealistic statistics. Although there is a formidable weapon against scams, major problems can be avoided by not giving absolute trust anyone. Everything can be checked checked.

Thieves envisages mainly the theft of commercial information and can be controlled through enhanced care about keeping secrets company, through adequate protection of information storage media available to the negotiating team. It envisages restricting unauthorized access to information. For this purpose can be used to protect various systems, and data encryption password and paying special attention to places of storage of files and documents containing valuable information.

Physical violence is used as an "effective" deterrent either to ward off an interlocutor at the bargaining table or, on the contrary, to keep one there. It can take the shape of the threat, and how to attack effectively. The threat may be made open or veiled, with varying degrees of subtlety. Most large companies discourage applying this tactic by ensuring special protection for staff teams sent away, but solution that may prove too costly for other companies. When faced with such tactics, it is advisable that the negotiating team to retreat quickly.

Bribery is, unfortunately, a common practice in many countries, especially in countries emerging. It can be found both for government negotiations as and when placed in contact negotiations private companies. Accepting bribes offered is not just a legal or moral issue, but a choice of several repercussions. No matter how insignificant would be accepted bribes, who received it will be termed a corrupt person, being able to even believe that this person will refuse difficulty subsequent offers of bribery, the term moral being lost.

          Bribery tactics may also lead to blackmail those who accepted bribes, this method is even cheaper for the company initiatives.

It is not mandatory that all maneuvering tactics ready to be implemented, some negotiations may have a fluctuating course, it can exceed the limit provided initially. Threw the game started in all variants available, an adverse party negotiator offers the opportunity to prepare for the future repetition of any of them.

International trade negotiations is essential to keep a balance between goals and means. Negotiators must have a great talent to exhibit extensively and very precisely all points of view while at the same time, where possible, alternatives and possibilities for maneuver they have to hand.

2.5 EXAMPLES OF CASE STUDIES OF SOME FAMOUS PLAYERS

2.5.1 APPLE AND SAMSUNG – THE SETTELMENT OF DISPUTES

In August 2012, a jury in California ruled that Samsung should pay damages to Apple more than $ 1 billion for patent infringement on Apple products, especially for its iPhone.

Conflict between Apple and Samsung: Argument

Apple argued vehemently that lost significant profits

phone market – its competitor sites most importantly, Samsung, because it did not observe the inventions of plagiarism are considered copyright copied. But Samsung argued in his defence that consumers bought its phones for other reasons, such as larger screens and Samsung cheaper price.

Negotiations conducted to resolve business disputes

Given that Samsung is one of Apple's biggest suppliers, companies have a strong incentive to move beyond their dispute and to build on their ongoing partnership. However, the court ordered mediation between the CEOs of the two companies in 2012 ended in deadlock. And continue to fight in courts around the world, with the advantage going to Apple in the United States.

Stranded costs in negotiations

When negotiators feel they have spent significant time and energy in case they feel they have too much invested to quit and not worth your investment. Moreover, how much they spend fighting each other, the risk of becoming intractable and runs the risk of losing its lead in the market. One more reason, then, to work hard bargaining and mediation in an attempt to stay out of court.

Negotiation strategies

Integrative negotiations and a Win-Win Solution. A place in business negotiations has a value creative win-win negotiation style have a place in modern business. This type of strategy is often met. Integrative negotiation strategies, a negotiator seeks to maximize his or her application while creating value also more value for her and her opponent. Cooperation is a style that lends itself to forging agreements based on mutual trust and goodwill long. How to integrate these strategies in addressing the negotiating table is an entirely different task – as negotiator effectively ensure its interests, expand the pie, and create a relationship with his counterpart.

2.5.2 THE MICROSOFT-NOKIA DEAL

At Harvard there is an article with the top 10 most important 10 case studies in 2016. At No. 8 is very interesting. Namely: The Microsoft-Nokia Deal.

„On September 3, 2013 Microsoft announced a deal to acquire the Finnish company Nokia mobile phone and business services $ 7.2 billion, the New York Times. Agreement marks a belated move, but bold by Microsoft to upgrade its presence in handheld devices and signals an end to the long battle Nokia to enter the Smartphone market hyper-competitive (and highly profitable). What skills of negotiating agreement negotiators brought in one of the largest acquisitions in the tech industry and what negotiation strategies negotiators business can use to bring competitors to a negotiated settlement within the framework of negotiation scenarios similar. This article briefly explores the dynamics behind the negotiations that saw the Finnish phone giant join forces with the icon of US technology and software, Microsoft.”

Microsoft and Nokia behind business negotiations

Both sides have strong incentives to join forces. Nokia has lost significant ground in recent years to Smartphone manufacturers, especially Samsung and Apple, by failing to keep pace with innovations such as touch screens.

Once the mobile phone business shed underperforming Nokia intends to focus on telecommunications equipment, business mapping and patent portfolio. Ballmer Nokia CEO Stephen Elop first approached about a possible acquisition during Mobile World Congress industry conference in Barcelona. Ballmer and Nokia Riisto Siilasmaa President negotiated methodical, discreet worldwide in 2013.

How to overcome cultural barriers to business negotiations: Merging business cultures Distinct

As in the case of large mergers or acquisition, it is faced with more complexity after the ink has dried on the contract, namely, challenges to the employees from different cultures (for more information on overcoming cultural barriers in negotiating, please see our free report, overcoming cultural barriers in the negotiations). Merging distinct cultures can be a confusing, lengthy – even without the added complexity of joining together two of the largest companies in the world, each of which is emblematic of his mother in his own country. It often makes sense to preserve the unique identity of each organization and to borrow from the best of both. Moreover, because national culture is just one facet of our identity, it pays to view negotiating counterparts as unique individuals rather than as cultural ambassadors. Keeping this in mind, it never hurts to deduct strategies based on cultural norms expected as long as this recognition is part of a global negotiation process aimed at creating value and forging agreements viable, sustainable.

Chapter. III CASE STUDY: ROMANIA AND THE NETHERLANDS CORPORATE NEGOTATION AND BEHAVIOUR

The study is set out to analyze organisational communication and negotiation behaviour at CSi Industries B.V., Holland, Raamsdonksveer. The analysis was based on better understanding the dutch way of thinking and their corporate rules , communication and negotations.

The main goal of this study project was to study whether is economically viable to relocate the whole production of CSi Holland to CSi Romania, particularly to move the Project Engineering and Engineering departments from Holland to Romania to develop the production of CSi Industries B.V.

For over 45 years CSi has been at the forefront of palletising technology. Therefore CSi today is one of Europe's leading materials handling companies, specialized in end of line packing and palletising systems .

In this study-case I tried to highlight the differences between Romania and Netherlands regarding the corporate culture inside the companies. A particularly reason in the Romanian thinking, it is still the communist way of doing business. That’s why the Romanians should take this like an example of the Dutch way of doing, especially because they are trying to do businesses in my country.

I will try to talk about the differences that exist in the way that they perceive notions of good and evil, about the way they discuss or solve problems inside the company, what traditions are considered to be important, the language, how they react to other cultures and how they exchange information flows between them inside the companies.

Increasing production costs in advanced countries (developed) such as the Netherlands, Germany, France cause firms in the Fast-Moving Consumer Goods industry (FMCG) to relocate production to less developed countries that enable production at lower cost levels. While countries such as Czech Republic, Hungary, Poland still provide for production at profitable levels, a long-term trend aims directly at production outside Europe. Therefore, to sustain a competitive advantage, large FMCG companies will move their production sites to destinations such as China, South America or Africa.

CSi Industries supplies fully integrated material handling systems and has installations throughout the world. As a turnkey supplier CSi provides a complete package from initial consultancy and design, to production, assembly, delivery, installation and commissioning. CSi employs a total of some 550 people and achieves a turnover of around 80 million Euros.

CSi Industries as a key supplier of internal material handling solutions for businesses in the FMCG industry is urged to adapt to these changes. Sustainable and profitable customer relations therefore now more then ever,call for a global strategy. The key to sustain established customer relations and to keep the status as preferred supplier, is to ensure proximity and responsiveness towards customer needs. Clearly, a solely centralized production and strategy cannot be profitable in the long-run.

The Netherlands are the biggest investor in Romania, with Dutch companies very well represented in such areas as the financial sector, agriculture, food and beverages, transport and logistics and industrial production. This is the main reason that a Romanian should know what exactly means business with the Dutch. I can say that after 20 years of transition, the culture of Romanian companies is still dominated by some remaining block culture mentalities proper to Eastern and Central European countries. Although, from a technical point of view the transition may be regarded as an ended process, it is certain that there is still a communist inheritance strongly integrated in my culture in series of remaining mentalities. Such mentalities like they were in the past are still found in the culture of Romanian companies framed into a vicious circle of inertia representing significant change resisting structures .

In negotiations, the Dutch ultimately say what they think and expect you to do the same. Furthermore, they will be suspicious of inflated claims, and want concrete facts, hard data and statistics. There is little room for emotion or subjectivity, and the influence of what is called interpersonal attraction on negotiations is limited. If you mean ‘no’, say so: the Dutch accept directness and dislike evasiveness, although politeness may prevent them from saying ‘no’ to a proposal from the other side. Diversity of opinion, across and on both sides of the negotiating table, is readily accepted. These features can also be found in my research done regarding the CSi Holland and the communication factors aswell as negotiating with the CSi Romanian team .

3.1 METHODOLOGY

Data was collected via interviews which were conducted through focus groups. In interviews, the researcher conducts face to face interviews with participants or engages in focus groups. The interviews comprised of structured questions which were meant to solicit employees opinion on organisational communication and on communictions with CSi Romania. A focus group is a group of people who are selected from the larger population to enter into a facilitated discussion on certain questions. Focus groups have become popular in recent years because it provides data that is rich in ideas and supplies opinions and attitudes from the subject point of view. Focus groups are used to resolve problems in organisational communication. A focus group is a special type of group in terms of purpose, size, composition and procedures. It is composed of seven to ten participants who are selected because they have certain characteristics in common that relate to the topic of the focus group. A focus group was selected from amongst the employees of CSi Holland who share common characteristics relevant to the study. The focus group interview approach was chosen for this study because there were participants who perceive the group as a social unit which shares the same experiences. The focus group at CSi Holland went through three stages namely : planning the study, conducting the interviews and analyzing and reporting . The interviews lasted an hour on average. Open ended questions were used with the objective of allowing participants to respond freely. Questions were posed in simple and unambiguous language. Open ended questions were used to obtain the information in order to critically analyze the organisational communication and to see their way of negotiating . Questions enabled respondents to express views without being restricted. Closed ended questions were used because they are quicker to respond to and provide specific responses. The study at CSi Holland and Romania, used open ended questions which required respondents to generate their own responses, since closed ended questions provided us uniformity of response and responses were easily quantified, it was easy to formulate a view based on the responses.

The type of the report that was used in CSi Holland was a research report regarding the communication between CSi Holland and CSi Romania. The statements included in the report reffers to the methods that CSi Holland uses to speak with Romania, how many times, advantages and disavantages of the communication between them.

3.2 PREPARATION AND PLANNING

The set goal of CSI Industries is to create and innovate their departments all over the world. The objective that CSI Romanian team seeks , is to move The Engineering Department from Holland to Romania. The areas of possible flexibility are limited since communication is an important barrier and aswell as the connection with other important departments. The approach to this negotiation is a friendly one and it brings common benefits , but also it has some disadvantages according to the managers in Holland .

This is considered to be an easy settlement in the context of this business as it is inside one big company . Dutch people are known for their concept of win-win negotiations , and they see negotiations as a problem solving procedure. As Dutch culture is numbers and facts orientated country, their objective is clear , to evolve and create important departments in all of their subsidiaries , like the one in Romania , in this case.

CSI Romania requests for The Project Engineering Department to be relocated to Romania because of the qualified personnel , and the fact that the biggest growth , economically, started since the relations with Romania started and as a token of appreciation , the Romanian CSI team , want this department in order to develop even more in the bigger context of benefiting the whole company.

The Project Engineering Department and Project Management Department decide which part from the project goes in Romania and which not. Most of them are being made in Romania, about 70% of the total production of CSi, and the other 30% is being made here in CSi Holland. Giving this reason, they should fine some good suggestions for the problems that already exist inside the company, and after this to improve the communication between the Engineering Department from CSi Holland and Engineering Department from CSi Romania.

3.3 EXCHANGING INFORMATION

In the communication process of negotiating this request , the negotiators from Romania adopted several ways of communication to effectively explain and bargain the deal . CSi Romania offered a promise , in wich economic factors and social factors are to be extended. Economically, they promise a growth of production of 10% over the first year , after the relocation of the Project Engineering Department . Socially , more young graduates try to find their way into a multinational company and by this opportunity, they will have the chance to join as interns , to be trained at the highest level possible and create a CSI network in other cities of Romania and extend the company .

The biggest issues of exchanging the information , was the language barrier , verbal and non-verbal . The negotiating team from Holland , have expectations and desires for a better communication , not just English , as a common language , but also of their own . This came like a shock for the Romanian team of negotiators , as they saw this as arrogance from the Dutch side . This troubled the first discussions , since the Dutch have a history behind their tactics and rules of negotiating . They stood firm on solving the first issue , that of communication and the Romanian team came with a temporary solution for their common departments in wich the issue of communication is becoming more troubling after each meeting . This solution , idea , appeared as a quick response to the Dutch arrogance , as they wanted them to see that , our brainstorming sessions are really effective , not just in a negotiating environment but also in their departments. Creation of a “bridge” department in wich , they proposed , to have , a training leader on organisational communication , verbal and non-verbal communication , in order to solve this issue. There are three types of communication: – Verbal communication (through verbal or written language) is encoded and transmitted by word – Non-verbal communication (the information is encoded and transmitted by signs related to posture, movement, gestures, mimicry, appearance). – Para-verbal communication (voice characteristics, peculiarities of pronunciation, utterance intensity, rhythm and intonation of speech flow, break …). At the level of an organisation, between generators and suppliers of information centers and the recipient are established multiple links that facilitate their transfer and hence the development and performance management processes. In an organisation, the tasks can be carried out successfully in the quality parameters set, if there is no interaction with other members of the organisation. If the interaction is quite high, even more important is the output. So, the communication in a group can be divided into several models, such as the following, depending on the type and scope of the organisation. This communication is used in an organisation. Also, beside the communication face to face, telephone, or e-mail, the modern organisation can use the technology to communicate internally. The technology can be used through e-mail or a related internal communication system, such as internet, which is an internet system designed exclusively for use by those working for the organisation. The technology has expanded very quickly, in lots of types of internal and external communication in organisations. The types of internal and external communications combined allow different sectors of the local, national and international to interact.

Official communication is defined as formal communication that takes place through the official channels of organization or performed by an employee to do their job, for example: official meetings, letters and a manager who asks an employee to perform a certain task. Contrary the informal communication its takes place outside recognized communication networks, such as talking in the dining room or in hallway between employees. Informal communication can be productive or negative. This has the potential to build teams, improve working relationships and generate ideas for the employees who are working in a relaxed environment. Informal communication is a loosely defined concept and is often treated as the residual category in organisational theory. According to this perspective, informal communication is that which remains when rules and hierarchies, as ways of coordinating activities, are eliminated. More positively, informal communication is communication that is spontaneous, interactive and rich. The study of organisational communication is not new, but it has only recently achieved some degree of recognition as a field of academic study. It has largely grown in response to the needs and concerns of business. The first communication programs were typically located in speech departments, but most business schools now include organisational communication as a key element of study. The study of organisational communication recognizes that communication in organizations goes far beyond training managers to be effective speakers and to have good interpersonal communication skills. Moreover, it recognizes that all organizations, not just business organizations, have communication needs and challenges.

3.4 BARGAINING

These first discussions created a very positive work climate and both parties saw this as a right way to do negotiations and further discussions on relocating the Project Engineering Department can be achieved. CSi Holland negotiators listened carefully for each question and each comment as they prepared their response in a short time . Because of this , their answer , was a decisive one , as they agree with creating such a department , but only for short period of times a year , when new interns join . The common ground they reached for this issue is pleasing and it created the confort of having a win-win negotiation on the next issue .

Lack of feedback from the CSi Romania departments , was the next issue , that the Dutch wanted to solve before moving forward with relocating such an important department , that may well cause them a loss , rather than a win . Coordination by feedback, through communication networks, or by clan mechanisms are alternate ways of describing coordination by informal communication. The essence of these informal communication systems is their lack of pre-specification. Information is not prepackaged and then shipped intact to a recipient; courses of action are not pre-computed and then executed without modification. Rather, information is often exchanged interactively, through meetings and conversations, and courses of action are worked out in the context of the circumstances into which the actions must fit. A good solution is that engineers to have a report to check in every time if they receive the documentation for a project to see if they have the information is complete or with gaps. In this way they will be able to gather all the information quicker and the nest time the information that comes from the other departments will be more complete.

The CSi Romania , proved themselves , not just good negotiators , but also a very good, problem solving collective . Because of this , the Dutch were impressed and to show support and respect they decided that they are opened to discussions on relocating the Project Engineering Department to Romania . The Romanian negotiating team presented explanations to why the department is better suited to be in Romania .They do not have the Project Management, Project Engineering involved in the calculation phase. They do not have an agreement regarding the exact price, and there are some problems when are differences between the real cost of the project and the Calculation they made, not always in their advantage. Also they realized that they do not have the Project Management, Project Engineering, Engineering, Production involved in the sales process, the other departments do not have a direct connection with the customers. In their opinion it is not such a great idea because they believe that the other departments should be involved in the project from the beginning to get the whole information .We also found inside the Engineering Department that they do not really pay attention to the projects that come back from production with changes because of some mistakes that were done in the layout. And if the project is being done again, the people from production will receive the same project, with the same mistakes, even if they already corrected the same project some weeks before and took it to the Engineering Department. In conclusion the improvements are not being corrected by the engineers, and are not being saved in a data base for a further project. . One of the issues is because the customers did not give all the details that the sales engineers need for the project to be done, or that he changed his mind about some aspects of the project. The Project Management and Project Engineering departments receive to less information from the Sales Department. We believe that there is a big weakness because the Sales Department is the one person who has the entire information about a project, because he is the one who has direct contact with the customer. Also information flow is too informal, and they don‘t write the details. Because Project Management and Project Engineering are placed in the same office they prefer to have informal discussions about the project. This is a weakness in this case because they will lose some information that will not be shared with the other departments. I believe that the communication between the two companies will work a lot better if the employees involved directly in the process will have communication trainings. After this, they should be able to have a general view about what they are supposed to do and say when they communicate with the Romanian employees.

Another idea that I found as efficient, is regarding the exchange between the Management Team of the two companies. For a short period of time the management team from CSi Romania should come and see exactly what is happening here and the management team from here should go in CSi Romania for the same reason. In this way, both management teams will learn some aspects about the way the other company thinks and acts in different situations. This will be good for the employees from other departments too, because maybe in this way they will change their opinion about CSi Romania and Romania in general. Another way to improve some aspects regarding the communication between them is to ask employees to come with some suggestions, with what they think it will work. To find some aspects that motivates them to collaborate with their colleagues, and to stop the behaviors that hinder their communication and work with the other employees. When we think about solving the communication problems between the two companies, we have to take in consideration the distance between them and the fact that they will not be able to meet face to face for every problem that they have. We will try to find some suggestions so that the communication can be formalized and structured. In this way they will not lose so much information and everything will go better between them. First step in CSi Romania is to have communication training and to present them the cultural differences between Dutch people and Romanian people. They need to know how the Dutch people think, communicate and act. This is very important because they must know what CSi Holland expects from them and what they want to do in the Romanian production.

The organisational communication procedure , brought as a problem solving to this whole communication issue by the Romanian team , means a lot to the Dutch negotiators and they really think that there can be a way to improve their procedures , but they will have to start by relocating the department . To balance this relocation , the Dutch will also send a few times a year , specialists , to teach the Romanian engineers . The Dutch engineers can help the Romanian engineers to develop professional teaching them how to work in their own environment.

3.5 CLOSING AND COMMITMENT

As all the issues presented by CSi Holland were discussed and were answered to in a professional manner and by having a negotiation at a high level with the CSi Romania team , an agreement was reached . The Project Engineering Department of CSi Holland will be relocated to Romania , as soon as , the CSi Romanian team , manages to solve the company's communication issues by using the idea of organisational communication and by having monthly reports on the progress of this “bridge” department . In communication between CSi Holland and CSi Romania the standardization part can be a good strength because will help the both parts to understand each other much better. It is a way to have more explanation and details on a different subject. It is a way to concrete the informal information that is being sent from Holland to Romania and back.. After the creation of different economic charts and by having specialists predict this whole relocation , the CSI Holland Team is convinced that this is a step forward for their company and their industry , not just economically but also socially , and , if the expected results are met , they are also thinking of introducing a “bridge” department in their country's company aswell. Ineffective communication is a major, yet avoidable, obstacle to business productivity. And yes, it can be avoided. Given the will, the bleakest of situations can be turned around for the better. Management must face squarely the challenge of formulating strategies to encourage personnel to communicate effectively. On the other hand, managers themselves have to set the example. They need to realize that successful communication is no one-way process. On the contrary, reciprocity is the essence of communication. This applies whether the process is conducted verbally or through the medium of the written word. Managers are human beings involved with other human beings. They are far more than givers of information or instructions. Communication is as much a matter of human relationships as it is about transmitting facts. The vital four steps in effective communication might well help people to correct this distorted view of the communication process.

3.6 ANALYSIS OF THE NEGOTIATION

In my set out goal to investigate and to reach to these companies , I learned that there is much about personal involvement in every project , company .After we have studied the current situation regarding communication inside CSi Holland, we tried to find some practical and viable suggestions to improve the current existing situation. We found approximately the same problems in every department, so we will try to express them in the following pages. In first, we think it will be useful for the employees to have a standard form of sending information from one department to another. This standard form will be common for both Holland and Romania. In this case there will no longer be lost such a big part of the information. This formalized communication will be a plus for the communication between every department inside CSi Holland, but also between CSi Holland and CSi Romania. Many of the employees consider that the meetings and discussions are not formal enough. We discovered that not all of them receive all the information they need, because of informal communication and exchange of information that takes place only between some of the employees involved in the project. In this case not all of them will be exposed to the information, or not in the same way. I believe it will be a great idea to make as much formal meetings as possible, so that every person involved in the project can receive the same information as the others. The employees should share more information with the other departments . This is connected with every negotiation , business or political , but the most important thing is communication and organisation. The analysis of this pre-negotiation and negotiation was very tricky considering the cultural differences and behaviour, but I have proved , by simulating this kind of win-win negotiation , that the pre-negotiation phase can be critical and can decide the outcome and the decision making process of the end result . As I could not use official data from these companies and I had only few sources regarding this company , I tried to compensate with the dealing of communication and how important it is , not just in certain companies but also in the everyday life because everything we do is a negotiation.

Giving the fact that we live in a world of speed and innovation, we can also think about the fact that they should find ways to communicate faster and easier. I find it efficient that they are trying to implement the communication through Skype, or any video-calls. In our opinion this would be a perfect suggestion for the engineers, who complain about the problem they have communicating with the Romanian engineers, about a drawing. But this is not only for the engineers, also for the other employees who have direct contact with Romania, because I think it will be much easier to speak with someone if you see their faces. I also believe that it will be really important for the employees from the both countries who have direct contact, to meet each other to improve their communication. It will be much easier for them to collaborate if they know each other outside the company, because the relation between them influences their communication both personal and professional. Giving the last ideas, I believe that it will be useful for employees from both countries to exchange ideas and experience. In this way they will be able to understand each other‘s thinking regarding their work. This will also be a big plus for the Romanian engineers, who still need to gather some experience from the Dutch engineers.

The evolution of lifestyles political, social and contemporary economic and international trade have led to intensified concerns to ensure, through dialogue and cooperation, a framework as appropriate to conduct negotiation processes based on correct principles, equitable relations between states and those of the companies. I believe it will be much easier and efficient this way to communicate with the employees from CSi Romania, and for them it will be easier too because they will have access to all the information they need from CSi Holland, like stock position, orders, confirmations, drawings; without calling someone from the other company to ask about them. This will be a plus because they will save a lot of time with the communication. I find it useful to end every project that is being made inside CSi Holland and in CSi Romania with a SWOT analyses. In this situation the departments in charge of the project will automatically find where the mistakes were done and what can they change so that the project will go better next time. This method can also be used for every project or activity that is being done inside the company to study the efficiency of the work. At the end of my study, I can say that the idea of moving the Project Engineering and Engineering departments from CSi Holland to CSi Romania can be a good idea. It will bring benefits for both companies in an economical and social way.

CONCLUSIONS

The evolution and importance of negotiations is due to economic factors and social policies. As I went through my thesis , especially my case study , in wich I have found several reasons and ways of dealing with people and learning how important a simple conversation is. The importance of communication in framing the context for international business-negotiations is really astonishing . From studying this company's managers and mediators , I tried to put the emphasis on the human being and on the social factor , because , thanks to the social factors , we can talk about economic ones . Negotiating becomes an everyday routine , even if we speak about business , politics to smaller details like buying a product or negotiating the price of a pretzel that you think is too expensive for you . In my examples of negotiations and my study case , the accent falls , as I presented , on communication , human interaction , culture differences and how crucial a pre-negotiation can be in gaining one's party trust . Corporate culture is a term used to describe the collective beliefs, value systems, and processes that provide a company with its own unique flavor and attitude. Businesses of all sizes posses some type of corporate culture, in that every company has a set of values and goals that help to define what the business is all about. Trying to understand better, we need to know how they act in an organization comparing with Romania. It is very important to understand and compare the cultural behavior for a good business between the Romanians and Dutch persons.

We need to think about our days. We need to think in a technological way and to prepare our self for a continuous changing. This is the effect of the globalization time. Everything around us tomorrow can be developed in a different way. That’s why the organisational culture must recognize cultural diversity. Social norms create differences across national boundaries that influence how people interact, read personal cues, and otherwise interrelate socially. Values and attitudes about similar circumstances also vary from a country to another one, even they are in the same part of the world. Everyone is unique in his way, but this means that you need to adapt to the environments for a better way of life. Romanian companies should break the vicious circle of inertia and involve into a genuine process of change for increasing competitiveness and performances. Taking into account that nowadays Romanian companies are a part of the global hyper-competition and considering the unprecedented dynamics of changes that alter the business environment, the need for a change becomes an essential condition of survival for companies. But organisational change should not represent a mere effect of restructuring and reforming.

Organisational communication is not new, but it has only recently achieved some degree of recognition as a field of academic study. It has largely grown in response to the needs and concerns of business. The first communication programs were typically located in speech departments, but most business schools now include organisational communication as a key element of study. The study of organisational communication recognizes that communication in organizations goes far beyond training managers to be effective speakers and to have good interpersonal communication skills. Moreover, it recognizes that all organizations, not just business organizations, have communication needs and challenges. The field of organisational communication is highly diverse and fragmented, as evidenced by results of literature searches on the topic, textbooks in the area. It spans communication at the micro, meso, and macro levels; formal and informal communications; and internal organisational communication practices (newsletters, presentations, strategic communications, work direction, performance reviews, and meetings) as well as externally directed communications (public, media) .

Effective negotiations start with good communication and it is of prime importance in business deals . The terms and conditions must be set clearly and leave no room of interpretation , especially in a case like my own , of a win-win negotiation . Make sure you asses your objectives and theirs , carefully plan a smooth approach to every negotiation . Always create a positive working climate in order to relax both parties and even if you can’t do that , at least pretend , because the tension in a discussion , as we’ve seen in communication process , can influence one party to go the other way you wanted . In the discussion sessions , as we observed in the dutch example , try to remain calm and listen carefully for each comment and response in order to have a respectful and meaningful reply . In my experience of analyzing this case and company , seeking compromise can give you an advantage for taking the win-win negotiation back home with you and not empy handed . I really think I have managed to give several problem solving procedures regarding communication barriers in negotiations in my own case study but also present a clear cultural difference and to bring in the light , the innovation and the mentality of the Romanian Team of negotiators and the professional way they tackled each issue at the time . I considered that this kind of complex but yet simple negotiation brings out the reality of a negotiation in a multinational company and the problems that sometimes come, not in the negotiation itself , but in the pre-negotiating phase , the exchanging the information phase and the bargaining phase .

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